minutes of confidential meeting of council - 27 march 2018 · commercial information of a...

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Council Meeting Minutes - 27 March 2018

MINUTES OF THE COUNCIL MEETING OF THE CITY OF TEA TREE GULLY

HELD ON TUESDAY 27 MARCH 2018 AT 7.02PM IN THE COUNCIL CHAMBERS, 571 MONTAGUE ROAD, MODBURY

1. Opening Prayer and Welcome

The Mayor read the Opening Prayer and Acknowledgement of Country Statement.

2. Attendance Record:

2.1 Present

His Worship Mayor Mr K Knight, Crs B Keane, L Jones, C McLafferty, M Kasperski, S Headland, D Wyld, M Harbinson, P Field, R Coleman, S Keane and P Barbaro.

2.2 Apologies - Nil

2.3 Leave of Absence - Nil 2.4 Resignation of Cr Paula Luethen-Soper

Ryan McMahon, Acting Chief Executive Officer formally advised Council of the resignation of Cr Paula Luethen-Soper.

2.5 Record of Officers in Attendance

Mr R McMahon Acting Chief Executive Officer Mrs C Neil Director Community & Cultural Development Mr T Harfield Director Assets & Environment Mr G James Acting Director Organisational Services & Excellence Ms A Sargent Manager Governance & Policy Ms K Strugnell Governance Administration Officer Ms I Wilkshire Manager City Strategy Mr M Gehlert Strategic Property Consultant Ms E Graves Manager Customer and Communications Ms C Leversedge Manager Community Development & Engagement Ms C Didcote Youth Development Coordinator Mr A Sellars Manager Parks Mr S Power Senior Buildings and Facilities Officer Mr J Kelly Team Leader Civil Assets Mr N Bennett Technical Officer Infrastructure Planning Mr M Taylor Team Leader Community Prosperity

2.6 Record of Number of Persons in the Public Gallery

18 Attendees


2.7 Record of Media in Attendance

Messenger

3. Confirmation of Minutes to the Previous Meeting

Moved Cr McLafferty, Seconded Cr Wyld

That the Minutes of the Council Meeting held on 13 March 2018 be confirmed as a true and accurate record of proceedings.

Carried Unanimously (1007)

4. Mayor’s Report - Nil

5. Public Forum - Nil

6. Deputations

Refer to Confidential Items 22.1 and 22.3 7. Presentations

7.1 Youth Leadership Program (D18/12313)

Ms Carly Didcote, Youth Development Coordinator introduced the first group of 14 local young people participating in the Youth Leadership Program at the City of Tea Tree Gully who each spoke. The Program consists of 10 structured sessions, run weekly on a Tuesday night from 4 – 6pm with interactive activities, leadership training, group work and access to inspiring guest speakers.

8. Petitions - Nil

9. Declaration of Conflicts of Interests

Cr Wyld declared a conflict of interest in relation to the Management Report entitled – “Visionstream Pty Ltd - Lease of Portion of Reserve Located at 172-178 Lyons Road, Holden Hill”.

10. Adjourned Business - Nil

11. Motions Lying on the Table - Nil

12. Committee Reports


Audit Committee - Nil Governance and Policy Committee

12.1 Recommendations from the Governance and Policy Committee Meeting held on 28 February 2018

Private Use of Council Vehicles Policy (D18/8021)

Moved Cr Harbinson, Seconded Cr Headland

That the “Private Use of Council Vehicles Policy” as reviewed by the Governance and Policy Committee on 28 February 2018 be adopted.


CEO Performance and Remuneration Review Committee - Nil Strategic Planning and Development Policy Committee - Nil Traffic Management Safety Committee - Nil

13. Management Reports

Office of the Chief Executive Officer - Nil Assets & Environment 13.1 Review of request for removal of a street tree, Holden Hill (D18/13078)

Moved Cr Headland, Seconded Cr Kasperski

1. That Council determines to retain the street tree at the junction of Riddell Road and Hope Avenue, Holden Hill, until such time that the tree removal is supported by Council’s policy.

2. That Council review the current canopy span and impact on the adjoining

property; and subject to maintaining the structural health of the tree, the tree be further pruned to reduce the amount of canopy overhanging the property boundary.

3. That the relevant Council department contact the affected resident and offer

the relevant Council services and or financial assistance including install and maintaining gutter guards, gutter cleaning and other services that may be available.

4. That the tree status, health and impact on the adjoining property be re-

assessed in 12-24 months and corrective action taken as required.

Carried (1009)


13.2 Footpath construction in Tay Court, Banksia Park (D18/14669)

Moved Cr Jones, Seconded Cr McLafferty

That having considered the report entitled “Footpath Construction in Tay Court, Banksia Park” dated 27 March 2018, the Council resolves to not proceed with the construction of a footpath in Tay Court, Banksia Park and inform property owners of its decision.

Carried Unanimously (1010) Organisational Services & Excellence 13.3 Visionstream Pty Ltd - Lease of Portion of Reserve Located at 172-178 Lyons

Road, Holden Hill (D18/7981)

Pursuant to sections 75 & 75A of the Local Government Act 1999, Cr Wyld declared a perceived conflict of interest in relation to the matter on the basis of his membership on the Council Assessment Panel and that considering the matter at this time may preclude him from considering the matter if a related matter was to come before the Panel. Cr Wyld dealt with this in an open and transparent manner by removing himself from the meeting and its close vicinity at 7.36pm while the matter was being discussed and voted on.

Moved Cr Kasperski, Seconded Cr Headland

1. That Council having undertaken public consultation in accordance with Section 202 of the Local Government Act 1999 and considered responses, now in accordance with Section 201 of the Act, grants a 10 year lease with two further options of five years each to Visionstream Pty Ltd for a portion of land situated at 172-178 Lyons Road, Certificate of Title Volume 5519, Folio 22 for the purpose of the placement of a Telstra base station and associated infrastructure.

2. That the lease be for a term of 10 years with two further options of five years

each, with an initial lease fee commencing at $19,000 per annum plus GST with an annual rent review of 3 percent per annum with additional terms and conditions that the Chief Executive Officer deems appropriate for this agreement.


Cr Wyld was not present for the vote. Cr Wyld re-entered the meeting at 8.06pm Community & Cultural Development - Nil

14. Notice of Motions - Nil


15. Motions without Notice

15.1 Acknowledgement of Contribution and to Successful and Outgoing

Members of Parliament

Moved Cr Barbaro, Seconded Cr B Keane

1. That the Council write to Paula Luethen-Soper to acknowledge her contribution to the City of Tea Tree Gully and to wish her the very best in her new role as the Member for King.

2. That Council writes to all new and continuing State Members of Parliament

within our city, congratulating them on their election; and to the outgoing State Members of Parliament within our city, thanking them for their service and wishing them well in their future endeavours.


16. Questions on Notice - Nil

17. Questions without Notice - Nil

18. Council Delegates and Activities Report - Nil

19. Information Reports

19.1 Policies adopted by Governance and Policy Committee under Delegation -

28 February 2018 (D18/11957)

Council received the report on the Policies adopted by the Governance and Policy Committee under Delegation - 28 February 2018

19.2 Kaurna Native Title Claim - Final determination (D18/14883)

Council received the report on the Kaurna Native Title Claim - Final determination

19.3 Resignation of Cr Paula Luethen-Soper (D18/15920)

Council received the report Resignation of Cr Paula Luethen-Soper

20. Status Report on Council Resolutions

20.1 Status Report on Council Resolutions (D18/15169)

Council received the Status Report on Council Resolutions


21. Other Business - Nil

22. Section 90(2) Local Government Act 1999 – Confidential Items

22.1. CONFIDENTIAL Deputation - Unsolicited Proposal - Wynn Vale (D18/15722)

Moving into Camera

Moved Cr Headland, Seconded Cr Field

1. That pursuant to section 90(2) of the Local Government Act 1999 the

Council orders that the public with the exception of the people making the deputation and staff on duty be excluded from the meeting to enable a deputation on the Unsolicited Offer - Wynn Vale

2. That the Council is satisfied that pursuant to section 90(3)(d(i))(d(ii)) of the

Act, the information to be received, discussed or considered in relation to this item is:

Commercial information of a confidential nature (not being a trade secret) the disclosure of which – o would prejudice the commercial position of the person who

supplied the information o would on balance be contrary to the public interest

on the basis that release of this information has the ability to compromise the relevant company’s commercial advantage in implementing the concept

3. The benefit to the public at large resulting from withholding the information

outweighs the benefit to it of disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances on the basis that it may prejudice the commercial position of the company who is making the deputation.

4. That the Council is satisfied that the principle that the meeting should be

conducted in a place open to the public has been outweighed in relation to this matter by the need to keep the discussion of this matter confidential because it may confer a commercial advantage on a third party.


The following staff members on duty remained at the meeting for the following item:

Mr R McMahon, Mrs C Neil, Mr T Harfield, Mr G James, Ms A Sargent, Ms K Strugnell, Ms E Graves, Ms C Leversedge, Ms I Wilkshire and Mr M Gehlert.

22.1 CONFIDENTIAL Deputation - Unsolicited Proposal - Wynn Vale (D18/15722)

Mr Maximillian Wiedmann from Kaufland Australia Pty Ltd spoke about his company’s proposal at Wynn Vale.


Retention of confidential information:

Moved Cr Field, Seconded Cr McLafferty

1. That having considering the Deputation entitled “DEPUTATION – UNSOLICITED PROPOSAL – WYNN VALE “ in confidence under section 90(2) & 90(3)(d(i)) (d(ii)) of the Local Government Act 1999:


supplied the information the Council pursuant to section 91(7) of the Act orders that the information from the Deputation and discussion relevant to this item be retained in confidence in alignment with Council’s resolution of Unsolicited Proposal - Wynn Vale, until the proposed Heads of Agreement is signed by both parties

2. That the Council gives the power pursuant to Section 91 of the Local Government Act 1999 to the Chief Executive Officer to revoke the order made under Section 91 (7) subject to the Chief Executive Officer consulting with the Mayor and reporting to the Elected Members of the revocation.

Carried (1014)

Cr Barbaro called for a Division The Mayor declared the vote set aside The following members voted in the affirmative: Cr S Keane, Field, Coleman, Harbinson, Wyld, Headland, Kasperski, Jones, McLafferty and B Keane. The following members voted in the negative: Cr Barbaro The Mayor declared the motion carried


22.2. Unsolicited Proposal - Wynn Vale (D18/8568)

Moving into Camera


1. That pursuant to section 90(2) of the Local Government Act 1999 the Council orders that the public with the exception of staff on duty be excluded from the meeting to enable discussion on the Unsolicited Offer - Wynn Vale

2. That the Council is satisfied that pursuant to section 90(3)(b(i))(b(ii)) and

90(3)(d(i))(d(ii)) of the Act, the information to be received, discussed or considered in relation to this item is:

Information the disclosure of which o could reasonably be expected to confer a commercial

advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the Council AND

o would, on balance, be contrary to the public interest, The disclosure of the included information would directly

impact Council’s ability to negotiate the best value for money and outcome for the community.



on the basis that release of this information has the ability to compromise the relevant company’s commercial advantage in implementing the concept

3. The public interest in public access to the meeting has been balanced

against the public interest in the continued non-disclosure of the information. The benefit to the public at large resulting from withholding the information outweighs the benefit to it of disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances on the basis that it may prejudice Council’s ability to be able to negotiate a cost effective outcome for the benefit of Council and the community.

4. That the Council is satisfied that the principle that the meeting should be

conducted in a place open to the public has been outweighed in relation to this matter by the need to keep the discussion of this matter confidential because it may confer a commercial advantage on a third party.


The following staff members on duty remained at the meeting for the following item: Mr R McMahon, Mrs C Neil, Mr T Harfield, Mr G James, Ms A Sargent, Ms K Strugnell, Ms E Graves, Ms I Wilkshire and Mr M Gehlert.


22.2 Unsolicited Proposal - Wynn Vale (D18/8568)

Moved Cr Barbaro

1. That having considered the report entitled “Unsolicited Proposal – Wynn Vale” and dated 27 March 2018 and the deputation, Council instructs the Chief Executive Officer to decline the offer from Kaufland Australia Pty Ltd summarised in the above mentioned report.

The motion lapsed for want of a seconder

Moved Cr S Keane, Seconded Cr McLafferty

1. That Council supports the principle of proceeding with community

engagement to seek the views of our community relating to the potential disposal of portion of Richardson Oval as shown in Attachment 1 described as portion of Allotment (Reserve) 803 in Deposited Plan 22355 being Certificate of Title Volume 5555 Folio 864 to Kaufland Australia Pty Ltd for the purpose of a supermarket.

2. That Council adopts this report entitled “Unsolicited Proposal – Wynn

Vale” and dated 27 March 2018 to comply with section 194(2)(a) of the Local Government Act 1999 and that this report be used as the basis for seeking public comment about the proposal as required by section 194(2)(b) of the Local Government Act 1999.

3. That Council authorises the CEO to develop a Heads of Agreement to be

entered into by the City of Tea Tree Gully and Kaufland Australia Pty Ltd that covers the following:

Financial offer

Deposit

Kaufland Australia settlement conditions

Critical dates to be met by Kaufland Australia penalties if dates are

not met

Development must be completed within specified timeframe

Identifies screening reserves excluded from the site area

Other conditions at the request of the CEO

4. That the CEO be authorised to sign a Heads of Agreement prior to the commencement of community engagement.

5. That Council endorses the Community Engagement Strategy as outlined

in Attachment 11 in the report entitled “Unsolicited Proposal – Wynn Vale” and dated 27 March 2018.

6. That the outcomes from community engagement be presented to Council

no later than 31 August for consideration.

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7. That the CEO commence negotiations with the owner of 1235-1243 Golden Grove Road to determine a price and commercial arrangement to acquire the site subject to sale of Richardson Reserve and that a report be prepared for Council’s consideration regarding the outcome of these negotiations prior to commencing community engagement on the proposed revocation of Richardson Reserve.

Carried (1016)

Cr Barbaro called for a Division The Mayor declared the vote set aside The following members voted in the affirmative: Crs S Keane, Field, Coleman, Harbinson, Wyld, Headland, Kasperski, Jones, McLafferty and B Keane The following members voted in the negative: Cr Barbaro The Mayor declared the motion carried


Retention of confidential documents:

Moved Cr S Keane, Seconded Cr McLafferty

1. That having considering the agenda item entitled “Unsolicited Proposal – Wynn Vale” and dated 27/03/2018 in confidence under section 90(2) & 90(3)(d(i)) (d(ii)) of the Local Government Act 1999:


advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council AND




supplied the information

the Council pursuant to section 91(7) of the Act orders that the report (including attachments) and minutes relevant to this item be retained in confidence until:

the Heads of Agreement is signed by both parties

or Council resolves otherwise


Carried (1017)

Cr Harbinson called for a Division The Mayor declared the vote set aside The following members voted in the affirmative: Crs S Keane, Field, Coleman, Harbinson, Wyld, Headland, Kasperski, Jones, McLafferty and B Keane. The following members voted in the negative: Cr Barbaro The Mayor declared the motion carried


Adjournment of the Meeting at 9.00pm Moved Cr Wyld, Seconded Cr Harbinson That the meeting be adjourned for a short break.


The meeting resumed at 9.09pm

22.3. CONFIDENTIAL Deputation - Unsolicited Proposal - Modbury (D18/15717)

Moving into Camera

Moved Cr S Keane, Seconded Cr Field

1. That pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that the public with the exception of the people making the deputation and staff on duty be excluded from the meeting to enable a deputation on the Unsolicited Proposal – Modbury

2. That the Council is satisfied that pursuant to section 90(3)(d(i))(d(ii)) of the Act, the information to be received, discussed or considered in relation to this item is:

Commercial information of a confidential nature (not being a trade

secret) the disclosure of which –

o would prejudice the commercial position of the person who

supplies the information

o would on balance be contrary to the public interest

on the basis that release of this information has the ability to

compromise the relevant company’s ability to negotiate a

Heads of Agreement

3. The public interest in public access to the meeting has been balanced against the public interest in the continued non-disclosure of the information. The benefit to the public at large resulting from withholding the information outweighs the benefit to it of disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances on the basis that it may prejudice Council’s ability to be able to negotiate a cost effective outcome for the benefit of Council and the community.

4. That the Council is satisfied that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter by the need to keep the discussion of this matter confidential because it may confer a commercial advantage on a third party.




22.3 CONFIDENTIAL Deputation - Unsolicited Proposal - Modbury (D18/15717)

Mr Ben Cunningham from Holmes Dyer spoke about the proposal at Modbury.

Retention of confidential information:

Moved Cr S Keane, Seconded Cr Field

1. That having considering the deputation entitled “DEPUTATION – UNSOLICITED PROPOSAL –MODBURY” in confidence under section 90(2) & 90(3)(d(i)) (d(ii)) of the Local Government Act 1999:







the Council pursuant to section 91(7) of the Act orders that the Information from the Deputation and discussion relevant to this item be retained in confidence until:






22.4. Unsolicited Proposal - Modbury (D18/7879)

Moving into Camera

Moved Cr Headland, Seconded Cr Coleman

1. That pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that the public with the exception of staff on duty be excluded from the meeting to enable discussion on the Unsolicited Proposal – Modbury

2. That the Council is satisfied that pursuant to section 90(3)(b(i))(b(ii)) and 90(3)(d(i))(d(ii)) of the Act, the information to be received, discussed or considered in relation to this item is:

Information the disclosure of which

o could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the Council AND





on the basis that release of this information has the ability to compromise the relevant company’s ability to negotiate a Heads of Agreement

3. The benefit to the public at large resulting from withholding the information outweighs the benefit to it of disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances on the basis that it may prejudice Council’s ability to be able to negotiate a cost effective outcome for the benefit of Council and the community.

4. That the Council is satisfied that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter by the need to keep the discussion of this matter confidential because it may confer a commercial advantage on a third party.




22.4 Unsolicited Proposal - Modbury (D18/7879)


1. That Council instructs the CEO to negotiate a sale price equivalent or higher than $1.454 million (excluding GST), comprising $1,090,909 (excluding GST) cash, plus $363,636 (excluding GST) for improvements to the reserve, prior to commencing community engagement. That the CEO be authorised to accept an offer greater than $1.454 million otherwise to decline the offer from Clovercrest Shopping Centre Pty Ltd ATF CSC Trust summarised in the report entitled “Unsolicited Proposal – Modbury ” and dated 27 March 2018.

2 Subject to 1 being met:

a) That Council authorises the CEO to develop a Heads of Agreement

to be entered into by the City of Tea Tree Gully and Clovercrest Shopping Centre Pty Ltd ATF CSC Trust that covers the following:

Financial offer

Deposit

Clovercrest Shopping Centre Pty Ltd ATF CSC Trust

settlement conditions

Critical dates to be met by Clovercrest Shopping Centre Pty

Ltd ATF CSC Trust and penalties if dates are not met

Development to be completed within specified timeframe

Shopping Centre frontage onto the reserve to be integrated

with the reserve

Other conditions at the request of the CEO.

b) That the CEO be authorised to sign a Heads of Agreement prior to the commencement of community engagement.

c) That Council supports the principle of proceeding with community

engagement to seek the views of our community relating to the potential disposal of portion of Sir Frank Berryman Reserve as shown in Attachment 6 described as portion of Lot 332 in Deposited Plan 7531, Certificate of Title 6104/549 known as Sir Frank Berryman Reserve for the purpose of expanding the Clovercrest Shopping Centre subject to negotiating a sale price equivalent to or higher than $1.454 million (excluding GST).

d) That Council adopts this report entitled “Unsolicited Proposal –

Modbury” and dated 27 March 2018 to comply with section 194(2)(a) of the Local Government Act 1999 and that this report be used as the basis for seeking public comment about the proposal as required by section 194(2)(b) of the Local Government Act 1999.

e) That Council endorses the Community Engagement Strategy as

outlined in Attachment 9 in the report entitled “Unsolicited Proposal – Modbury” and dated 27 March 2018.

f) That the outcomes from community engagement be presented to

Council no later than August 2018 for consideration.


g) That a further report be presented to Council on 10 April 2018

regarding potential options for the use of proceeds from the sale of the reserve for communicating to the community as part of the engagement process.


Retention of confidential documents:

Moved Cr Field, Seconded Cr Coleman

1. That having considering the agenda item entitled “UNSOLICITED PROPOSAL – MODBURY” and dated 27/03/2018 in confidence under section 90(2) & (3)(b(i)) (b(ii)) & (d(i)) (d(ii)) of the Local Government Act 1999:







the Council pursuant to section 91(7) of the Act orders that the report (including attachments) and minutes relevant to this item be retained in confidence until:






23. Date of Next Ordinary Meeting

10 April 2018

The Mayor declared the meeting closed at 9.36pm.

Confirmed……………………………….. Mayor 10 April 2018

minutes of confidential meeting of council - 27 march 2018 · commercial information of a...

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