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Council Minutes 22 September 2015

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Coun c il M eet in g

M in u tes

22 September 2015 at 7.00 pm Council Chamber, 401 Greenhill Road, Tusmore

Members Present: Mayor David Parkin

Councillors Bagster, Bills, Cornish, Davey, Davis, Lemon, Lord, Monceaux, Osterstock, Piggott and Wilkins

Officers in Attendance: Paul Deb, Chief Executive Officer

Martin Cooper, General Manager, Corporate Services Louise Miller-Frost, General Manager, Community and Development Services. Nigel Morris, General Manager, Urban Services

Opening Prayer

The Mayor read the opening prayer. The Mayor acknowledged those who gave their life for this Country and also acknowledged the Traditional Owners. Evacuation Procedure

The Mayor read the evacuation procedure. Recording of Council Meetings

The Mayor advised that the Council meeting is recorded. Apologies Councillor Ford Leave of Absence

Nil Conflict of Interest

Item 15.6 Planning, Development and Infrastructure Bill 2015

Councillor Cornish declared a conflict of interest under Section 73(4) due to his employment with the Department of Planning, Transport and Infrastructure.


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Items 15.2 and 19.1 Burnside War Memorial Hospital

Councillor Davey, pursuant to section 74(1) of the Local Government Act 1999, made a declaration of interest in this agenda item arising from her position as a Board member of the Burnside War Memorial Hospital Inc. However, section 74(4b) of the Local Government Act, 1999 applies in these circumstances to

exempt her from leaving the meeting and to enable her to continue to participate in

the performance of her functions as an Elected Member.

Councillor Bagster, pursuant to section 74(1) of the Local Government Act 1999,

made a declaration of interest in this agenda item arising from his position as a Board member of the Burnside War Memorial Hospital Inc. However, section 74(4b) of the Local Government Act, 1999 applies in these circumstances to

exempt him from leaving the meeting and to enable him to continue to participate in the performance of his functions as an Elected Member.

“As a member of the Burnside War Memorial Hospital Board, I have turned my mind to the decision-making responsibilities upon me as a member of this Council, specifically to the requirements of the Code of Conduct in relation to making decisions without bias (including apprehended bias) and whether or not I bring an impartial and unprejudiced mind to the resolution of the question or questions to be decided (having regard to Johnson v Johnson [2000] HCA 48 at 11). I have a full and clear understanding of the responsibilities upon me and I have concluded and wish to confirm, as a matter of record, that I do not have a bias, real or perceived and that any assertion of bias or apprehended bias is misconceived and totally without foundation.”

Councillor Osterstock, pursuant to section 74(1) of the Local Government Act 1999, made a declaration of interest in this agenda item arising from his position

as a Board member of the Burnside War Memorial Hospital Inc. However, section 74(4b) of the Local Government Act 1999 applies in these circumstances to

exempt him from leaving the meeting and to enable him to continue to participate in the performance of his functions as an Elected Member.

“As a member of the Burnside War Memorial Hospital Board, I have turned my mind to the decision-making responsibilities upon me as a member of this Council, specifically to the requirements of the Code of Conduct in relation to making decisions without bias (including apprehended bias) and whether or not I bring an impartial and unprejudiced mind to the resolution of the question or questions to be decided (having regard to Johnson v Johnson [2000] HCA 48 at 11). I have a full and clear understanding of the responsibilities upon me and I have concluded and wish to confirm, as a matter of record, that I do not have a bias, real or perceived and that any assertion of bias or apprehended bias is misconceived and totally

without foundation.”

Item 19.2 Council Member Code of Conduct Complaint Councillor Bagster declared an interest under Section 73(3) of the Local Government Act 1999 as he is the subject of this issue.


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Confirmation of Minutes

Councillor Davey moved:

C10358 That the Minutes of the meeting of Council held on 8 September 2015 be taken as read and confirmed. Seconded by Councillor Wilkins CARRIED Mayor’s Report

Councillor Monceaux moved:

C10359 That the Mayor’s Report be received. Seconded by Councillor Lord CARRIED Reports of Members, Delegates and Working Parties Councillor Monceaux did the Burnside Retirement Services Inc. banking on 11 September 2015, attended a meeting with the Burnside Historical Society and a meeting with Eastern Health Authority on 15 September, attended the Unley Council Special Meeting about Brownhill Creek on 14 September as an observer, a Community Grants meeting on 16 September and Inner and Middle Metropolitan Corridor Infill – Status Update by DPTI on 22 September. Councillor Osterstock attended the Burnside Retirement Services Inc. Board meeting. Councillor Bagster attended a Burnside War Memorial Hospital Board meeting on 26 August 2015, the ‘Battle of Britain and Battle of Arnhem’ Dinner The Library Union, University and Schools Club hosted by the 1/15 Royal New South Wales Lancers, Sydney on 18 September, the 9km Sydney Bridge Fun Run on 20 September, a great challenge taking in the beautiful sights of Sydney, including the Harbour Bridge and Mrs Macquarie's Chair before finishing at the Royal Botanic Gardens and the Burnside historical Society presentation: The Architecture Museum, School of Art, Architecture and Design, University of SA: Evolution, Collections activities and contributions presented by Associate Professor Christine Garnaut on 21 September. Councillor Cornish attended the Eastern Health Authority board meeting on 26 August 2015. Councillor Davis attended the Unley special Council meeting on the 14 September 2015 considering options for Brownhill Creek and the National Student Leadership Forum in Canberra from 17 to 20 September discussing Faith and values. Councillor Davey attended the Community Grants Assessment Panel meeting on 16 September 2015. Councillor Lord attended the Annual General Meeting of the Local Government Women's Assoc on 17 September 2015 and was voted on to the Executive committee. Met and spoke with Mr Dave Burgess, Pres. of the LGA.


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Councillor Wilkins attended the Burnside Historical Society meeting 21 September 2015 and the Community Grants Assessment Panel meeting on 16 September 2015. Deputations Professor Wayne Meyer - Item 15.1 Brown Hill Keswick Creek Stormwater Management Plan Part B Public Consultation Report and Recommendation (Operational) Jeffrey Newchurch – Item 15.1 Brown Hill Keswick Creek Stormwater Management Plan Part B Public Consultation Report and Recommendation (Operational) Ron Bellchambers – Item 15.1 Brown Hill Keswick Creek Stormwater Management Plan Part B Public Consultation Report and Recommendation (Operational) Petitions Nil Questions on Notice

11.1 Focus Newsletter

Councillor Osterstock asked the following questions on notice: 1. How much does it cost to plastic wrap each edition?

The cost for the fully recyclable plastic wrap, to protect from rain damage, costs $2,000+GST per quarterly edition.

2. How much did it cost, each edition, to have it delivered by the

Messenger as an insert? The cost to insert in the Messenger was $2,135 per edition.

3. How much does each edition cost to hand deliver?

The hand delivery cost is $3,960+GST per quarterly edition. Cost for Messenger delivery was $2,135. Total cost for new delivery method (hand delivery to letterboxes and plastic bag) is $5,960 Cost for print and distribution of Focus per edition old method was $12,771. Cost for print and distribution of Focus per edition new method is $16,200. Reason why to go to direct delivery: 1. Independence from Messenger News.


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2. Not all residents receive/read Messenger – two callers about the recent delivery of the Focus said they had cancelled delivery of the Messenger so that this paper would not be delivered to them on their front lawn (in particular whilst away on holidays).

3. Part of the May 2014 Kerbside Audit report gave a breakdown of contaminants in recycling. Page 27 of the report states that “Residents dispose of Messenger newspapers still wrapped in plastic bags to recycling; 23 were counted in Tuesday’s collection of 27 bins”. This is an 85 per cent rate of unopened/unread Messengers disposed of.

4. Distributed directly to households to achieve more chance of the item being read rather than disposed of unread.

4. Do we have any information on how people react (do they read it or

throw it away) if they receive wet or damaged communication materials?

In relation to how the Focus would be disposed of, given the aforementioned Bin Audit statistics, we know that the Messenger is often disposed in the yellow bin with the plastic on. We are not aware if this plastic is recyclable but know that the unopened/unread Messengers are contaminating our recyclables (yellow bin) increasing more disposal to landfill. The current edition of Focus magazine, and the plastic bag, can be put into the yellow bin as separated items with no contamination to the yellow bin waste stream. Our recycling contractor is working on receiving recyclable soft plastics covering recycled items (eg the Focus magazine with the plastic left on) in the yellow bin. They indicate that by next Focus edition, if we continue with the plastic cover, residents would be able to throw it, unopened, into the yellow bin and not contaminate the waste stream. Our plans were to mark the plastic packaging on future editions Focus as ‘recyclable’. We could not do this for the Spring 2015 edition as our recycler was not ready to receive soft plastic in the waste stream.

5. Do we have any information on whether people prefer to receive such

material in a certain manner (plastic wrapped, unwrapped, in an envelope, etc)? The preference is for:

materials to be delivered that are visibly identifiable; they can see what the item is and see that it is not junk mail;

materials to be delivered not wet; the item will not be read but disposed of; and

materials to be delivered on non-junk mail days; complaints if it is delivered this way and materials likely not read.

6. How has the Focus newsletter been delivered to residents homes in

the past and currently? The Spring 2015 edition of Focus, distributed between 3-5 September, was hand delivered and placed in a fully recyclable plastic bag. In the past, it was placed within the Eastern Courier Messenger, the


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Messenger itself wrapped in a plastic bag and delivered to each property.

Motions on Notice

Focus Newsletter (12.1)

Councillor Osterstock moved: That Council Resolution C10351 dated 8 September 2015, which states:

C10360 That the new Focus magazine which is produced by the Burnside City Council on a quarterly basis not be delivered to homes within the city in shrink wrap, but hand delivered into letterboxes.

be rescinded. Seconded by Councillor Bagster CARRIED A Division was called by Councillor Bills: In Favour Councillor Osterstock Councillor Bagster Councillor Cornish Councillor Davis Councillor Piggott Councillor Lemon

Against Councillor Monceaux Councillor Bills Councillor Davey Councillor Wilkins Councillor Lord

The Division resulted in the Motion being CARRIED Councillor Osterstock moved:

C10361 That the Focus newsletter, which is produced by the City of Burnside on a quarterly basis, be hand delivered into letterboxes to properties within the City and that the Autumn and Winter editions of the newsletter be contained in fully recyclable plastic wrap, to protect from rain damage. Seconded by Councillor Bagster CARRIED Burnside Lacrosse Club (12.2) Councillor Osterstock moved:

C10362 That the letter from the Burnside Lacrosse Club dated 17 August 2015 in Attachment A be tabled. Seconded by Councillor Monceaux CARRIED UNANIMOUSLY Questions without Notice Nil


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Motions without Notice

Nil Reports of Officers Rating Policy – Review (Strategic) (15.3)

Councillor Davis moved:

C10363 1. That the Report be received. 2. That Council adopts the draft amended Rating Policy. Seconded by Councillor Osterstock CARRIED Barking Dog Complaint – Remake of Confidential Order (Operational) (15.5)

Councillor Osterstock moved:

C10364 1. That the Report be received.

2. That pursuant to section 91(7) and (9) of the Local Government Act 1999,

the Council orders that:

2.1 the confidentiality order the subject of Resolution C9920 of 23 September 2014 concerning the Item “Barking Dog Complaint” (Item 11.2 (Motion on Notice) of the Agenda and Item 18.1 of the Minutes – of the Council meeting of 23 September 2014, concerning any material in the Motion on Notice and minutes identifying the addresses and/or names of the persons affected and the location of the dog/s (Item 11.2 of the Agenda and Item 18.1 of the Minutes of Council Meeting of 23 September 2014), remain confidential on the basis that: 2.1.1 it contains information, the disclosure of which would involve the

unreasonable disclosure of information concerning the personal affairs of any person (living or dead) pursuant to Section 90(3)(a) of the Act; and

2.2 that any material in the Motion on Notice and minutes identifying the addresses and/or names of the persons affected and the location of the dog/s (Item 11.2 of the Agenda and Item 18.1 of the Minutes of Council Meeting of 23 September 2014) will not be available for public inspection for the period of 2 years at which time this order will be revoked / reviewed by the Council.

3. That for the item named in clause 2 and associated sub clauses, unless: 3.1 the period in respect of any order made under Section 91(7) of the

Local Government Act 1999 lapses; or

3.2 Council resolves to revoke an order made under Section 91(7) of the Local Government Act 1999; or

3.3 the CEO determines pursuant to delegated authority that the order be revoked;


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any discussions of Council on the matter and any recording of those discussions are to be treated as confidential.

Seconded by Councillor Wilkins CARRIED Request for Amendment of a Deposited Community Plan for the Queen Victoria Apartments, 160 Fullarton Road, Rose Park (Operational) (15.7)

Councillor Lord moved:


2. That the Council resolve to grant consent to the amendment of the Deposited community plan for the Queen Victoria Apartments at 160 Fullarton Road, Rose Park SA 5067.

3. That the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the Certificate of Consent for the Deposit of the Plan of Division (CP20846) for 160 Fullarton Road, Rose Park SA 5067 as identified in Attachment A of this report.

Seconded by Councillor Davis CARRIED Brown Hill Keswick Creek Stormwater Management Plan Part B Public Consultation Report and Recommendation (Operational) (15.1) Councillor Piggott moved:

C10366 1. That the Report be received. 2. That Council, having regard to the Notice issued by the Stormwater

Management Authority dated 19 May 2015 which requires the Cities of Adelaide, Burnside, Unley, Mitcham and West Torrens to prepare a revised Stormwater Management Plan (SMP) in respect of the Brown Hill Keswick Creek Catchment by 30 September 2015; the Part B report; and community consultation and feedback, hereby determines that Option D – Creek Capacity Upgrade is the recommended solution for Part B Works under the Stormwater Management Plan (SMP 2012) given: 2.1. there is an 85 per cent level of wider community support for Option D

from respondents to the community consultation process undertaken on behalf of the Project during May and June 2015;

2.2. Option D has the lowest capital cost, the lowest annual maintenance cost and the lowest present value whole of life cost when compared against the other available options;

2.3. Option D provides the required level (100 year ARI) of flood protection;

2.4. that for shorter duration storms, Option D provides a higher than 100 year ARI level of flood protection;

2.5. Option D satisfies the project Councils’ endorsed position to give preference to a ‘no dam’ solution;

2.6. Option D does not require bypass culverts in suburban streets;


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2.7. Option D preserves sites of cultural and heritage significance; and

2.8. Option D is within the budgeted cost for Part B Works estimated in the

SMP 2012.

3. That the Chief Executive Officer is delegated authority to do all things necessary to prepare a revised Stormwater Management Plan in respect of the Brown Hill and Keswick Creek Catchment for submission to the Stormwater Management Authority for approval.

4. That in respect of funding for implementation of the finalised and gazetted

Stormwater Management Plan, Council reaffirms the cost sharing proposal between the three spheres of government as described in the SMP 2012.

5. That the project Councils continue to investigate a Regional Subsidiary as

the vehicle for project delivery and ongoing care and management of the Brown Hill Keswick Creek flood mitigation scheme.

6. That in the event that the cost sharing proposal involving the other levels of

Government as referred to in paragraph 7 above is not materialised, the catchment Councils reserve their rights to review the scope of work, delivery timelines and funding model under the SMP 2012 to enable some flood mitigation works to be undertaken which are affordable for Local Government and which mitigate and reduce impacts of flooding on selected properties within the Brown Hill Keswick Creek catchment.

7. That in the event that all five catchment Councils are not able to agree on

Option D, the Chief Executive Officer is authorised to write to the Stormwater Management Authority and advise the Presiding Member that Council, as part of the Project, has done all it possibly can to find a community wide acceptable solution to the Part B Works and despite those best endeavours, does not believe further work by the project Councils will result in a common solution for the Part B Works being agreed and therefore, requests the Stormwater Management Authority to utilise its powers pursuant to clause 15 and 16 of Schedule 1A of the Local Government Act 1999 to finalise and

approve the Stormwater Management Plan for the Brown Hill Keswick Creek Catchment.

Seconded by Councillor Bagster CARRIED UNANIMOUSLY Councillor Bills left the meeting at 8.03 pm and returned at 8.05 pm. Discretionary Rebates of Rates (Operational) (15.2)


C10367 That the Report be received. Seconded Councillor Monceaux: CARRIED


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Councillor Osterstock moved: That Discretionary Rebates be provided to Adelaide Eastern Community Childcare Centre Inc with a rebate of 30%:

Adelaide Eastern Community Childcare Address

2015/16 Rates

2015/16 Rebate% Proposed

2015/16 Rebate $ Proposed

22 Watson Avenue ROSE PARK $2,072.30 30% $1,450.61

Seconded by Councillor Bagster LOST Councillor Cornish moved:

C10368 That Discretionary Rebates be provided to Adelaide Eastern Community Childcare Centre Inc :

Adelaide Eastern Community Childcare Address

2015/16 Rates



22 Watson Avenue ROSE PARK $2,072.30 75% $1,554.20

Seconded by Councillor Davey CARRIED A Division was called by Councillor Osterstock: In Favour Councillor Monceaux Councillor Bills Councillor Cornish Councillor Davis Councillor Davey Councillor Lord Councillor Lemon Councillor Wilkins

Against Councillor Osterstock Councillor Bagster Councillor Piggott

The Division resulted in the Motion being CARRIED Councillor Osterstock moved: Councillor Bagster declared an interest in this matter as he is the Chairman of the Adelaide sub branch of the RSL.

C10369 That the following Discretionary Rebates be provided to the RSL of Australia (SA Branch):

Seconded by Councillor Davey CARRIED

RSL Of Aust (SA Branch) Address

2015/16 Rates



572 Magill Road MAGILL $815.15 100% $815.15


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C10370 That the following Discretionary Rebates be provided to the Scout Association of Australia – SA Branch Inc:

Scout Assoc Of Australia - SA Branch Inc Address

2015/16 Rates



9 Avenue Road FREWVILLE $877.65 75% $658.25

11 Avenue Road FREWVILLE $877.65 75% $658.25

42 Cooper Place BEAUMONT

$1,511.55 75% $1,133.65

Seconded by Councillor Piggott CARRIED Councillor Osterstock moved:

C10371 That the following Discretionary Rebates be provided to the Burnside War Memorial Hospital Inc.:

Burnside War Memorial Hospital Address

2015/16 Rates



120 Kensington Road TOORAK GARDENS $33,522.50 75% $25,141.85

2 Moore Street TOORAK GARDENS $4,571.20 75% $3,428.40

97 Hewitt Street TOORAK GARDENS $8,837.70 75% $6,628.25

126 Kensington Road TOORAK GARDENS $1,950.40 75% $1,462.80

Seconded by Councillor Davey CARRIED Councillor Osterstock moved:

C10372 That the Discretionary Rebate not be provided to Edge Church: Seconded by Councillor Wilkins CARRIED Councillor Cornish moved:

C10373 That the following Discretionary Rebates be provided to the two remaining buildings of the Scout Association of Australia – SA Branch Inc..

Scout Assoc Of Australia - SA Branch Inc Address

2015/16 Rates



211 Glen Osmond Road FREWVILLE

$4,449.30 75% $3,336.95

215 Glen Osmond Road FREWVILLE

$2,620.80 75% $1,965.60

Seconded by Councillor Lemon CARRIED


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Ward Forums Policy – Review (Strategic) (15.4)

Councillor Bagster moved:


2. That the draft Ward Forums Policy be adopted with the following amendments:

Location

Paragraph 7.1, first line, change the word “will” to “can”

Paragraph 7.3, first line, remove the word “Further” and insert “At the discretion of the elected Members”, fourth line remove the word “may” and insert “should’

Add Paragraph 7.4 to read “Council will, every 2 years, undertake a review of the suitability of Appendix 1 venues and amend to list accordingly. Each venue should be deemed to comfortably cater (and seat) for at least 60 adult individuals”

Promotion

Paragraph 9.1. At the end of the sentence, add in, “and the Messenger Newspaper.

Duration and Time

Paragraph 10.1. first line, remove the word “are” and insert “should”. Minutes

Paragraph 13.2. remove the words “of a maximum of two pages”. Roles and responsibilities

Paragraph 14.1.1, at the end of the para / sentence add, “and the Messenger Newspaper.”

Councillor Monceaux left the meeting at 8.57 pm and returned at 9.00 pm. Seconded by Councillor Piggott CARRIED A Division was called by Councillor Osterstock: In Favour

Councillor Monceaux Councillor Osterstock Councillor Bagster Councillor Cornish Councillor Davis Councillor Piggott Councillor Lemon Councillor Wilkins

Against

Councillor Bills Councillor Davey Councillor Lord

The Division resulted in the Motion being CARRIED


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Adjournment of Meeting

Councillor Lemon moved:

C10375 That the Council Meeting be adjourned at pm for a refreshment break of 10 minutes before recommencing at 9.16 pm. Seconded by Councillor Wilkins CARRIED Resumption of Meeting


C10376 That the meeting be resumed at 9.16 pm. Seconded by Councillor Bagster CARRIED Planning, Development and Infrastructure Bill 2015 (Strategic) (15.6)

In accordance with his declaration Councillor Cornish left the meeting at 9.18 pm Councillor Lemon moved:

C10377 1. That the report be received.

2. That the submission contained in Attachment A in this report be forwarded to the Minister for planning, Transport and Infrastructure, with copies to all Members of Parliament whose seats contain a portion of City of Burnside in them.

3. That the CEO write to the CEO of the Local Government Association urging that the LGA submit a strong response to the Planning, Development and Infrastructure Bill addressing the issues concerning local government and their communities and providing a copy of this report and the Attachment A.

Councillor Davis left the meeting at 9.33 pm and did not return. Seconded by Councillor Wilkins CARRIED Councillor Cornish returned to the meeting at 9.36 pm. Inclusion of Room Hire Fees for Glenunga Hub in the 2015/16 Fees and Charges Schedule (Operational) (15.8)

Councillor Lemon moved:


2. That the proposed Room Hire Fees for Glenunga Hub, Attachment C of this report be adopted.

3. That the 2015/16 Fees and Charges Schedule be amended to include the adopted Room Hire Fees for Glenunga Hub.


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Seconded by Councillor Wilkins CARRIED UNANIMOUSLY Local Artist Support and Promotion Project (Operational) (15.9)

Councillor Bagster moved: 1. That the Report be received. 2. That local artists, defined as those that reside in the Cities of Burnside and

Mitcham, Adelaide City Council, Adelaide Hills Council and the other Eastern Region Alliance local government authorities will no longer be required to pay a commission on sales of exhibition works sold at Pepper Street Art Centre or Burnside Civic Centre Atrium, commencing 1 November 2015

Seconded by Councillor Osterstock LOST A Division was called by Councillor Bagster In Favour Councillor Osterstock Councillor Bagster Councillor Piggott

Against Councillor Monceaux Councillor Bills Councillor Cornish Councillor Davey Councillor Lord Councillor Lemon Councillor Wilkins

The Division resulted in the Motion being LOST Councillor Monceaux moved:

C10379 1. That the Report be received: 2. That the $15,000 allocated to the Local Artist Support and Promotion

Projects be maintained in the budget and a report be provided on the merits on it being added to community project funding to allow for artistic and cultural projects as required.

Seconded by Councillor Wilkins Councillor Davey moved an amendment: 1. That the Report be received: 2. That the $15,000 allocated to the Local Artist Support and Promotion

Projects be maintained in the budget and be added to community project funding to allow for artistic and cultural projects as required.

3. That Council be provided with a report to define how such programs will be

governed and funds be distributed. Seconded by Councillor Lord LOST Councillor Monceaux motion was put and CARRIED UNANIMOUSLY


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Subsidiaries, Regional Subsidiaries and other Organisations/Entities

Eastern Waste Management Authority (16.1) Ordinary Meeting of the Board of Management Agenda 10 September 2015 (provided under separate cover). Minutes of the Board of Management Meeting 10 September 2015. Eastern Health Authority (16.2) Nil Highbury Landfill Authority (16.3)

Nil Council Correspondence Nil Other Business


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Confidential Items

Burnside War Memorial Hospital – Lease (Operational) (19.1) Councillor Osterstock moved:

C10380 That pursuant to Section 90(2) of the Local Government Act 1999, the Council

orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the Chief Executive Officer; the General Manager Corporate Services; the General Manager Urban Services; the General Manager, Community and Development Services; the Manager Open Space Recreation and Property and the Executive Assistants on the basis that it will receive and consider the Item 19.1 Burnside War Memorial Hospital – Lease (Operational) and that the Council is satisfied, pursuant to sections 90(3)(h) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because it contains legal advice and would, on balance, be contrary to the public interest. Seconded by Councillor Wilkins CARRIED Councillor Piggott moved: That the Report be received 1. That Administration take the necessary steps to take back control and

responsibility for the Attunga Gardens.

2. That Council reaffirm its offer to Burnside War Memorial Hospital Inc. of a 21 year lease for the remaining land on existing terms.

3. That Council wishes to investigate the concept of:

3.1 revocation of Community Land classification of the area occupied by

the buildings of Burnside War Memorial Hospital 3.2 transfer of those land & buildings to Burnside War Memorial Hospital

Inc. for use consistent with their Constitution and the intentions of Otto von Rieben.

4. That Administration:

4.1 seek legal advice on the ability to proceed in the manner set out in 4.

above, with particular attention to the original Deed of Gift of the land. 4.2 seek professional advice in respect to ensuring that control of BMWH

Inc. is and remains in the hands of the City of Burnside 4.3 obtain an independent professional valuation on the existing land and

improvements 4.4 provide detailed revocation and sub-division requirements and / or

obligations to enable the disposal of the asset as described. 4.5 provide a draft communication plan for informing the residents of the

City of Burnside of the advantages and disadvantages of a land transfer.


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4.6 provide estimated costs of achieving the transfer of land and buildings.

5. That the Chief Executive Officer commence initial confidential discussions with Burnside War Memorial Hospital Inc. and report to Council with the results of these discussions.

Seconded by Councillor Bagster Extension of Time


C10381 That the meeting be extended for a further 30 minutes until 11 pm. Seconded by Councillor Bagster CARRIED

Councillor Osterstock moved an amendment:

C10382 1. That the Report be received. 2. That Administration take the necessary steps to take back control and

responsibility for the Attunga Gardens. 3. That Council reaffirm its offer to Burnside War Memorial Hospital Inc. of a 21

year lease for the remaining land on existing terms., having noted the content of the letter dated 15 May 2015 from Heather Messenger, CEO Burnside War Memorial Hospital.

4. That Council wishes to investigate the concept of:

4.1 revocation of Community Land classification of the area occupied by

the buildings of Burnside War Memorial Hospital

4.2 transfer of those land & buildings to Burnside War Memorial Hospital Inc. for use consistent with their Constitution and the intentions of Otto von Rieben.

5. That Administration:

5.1 seek legal advice on the ability to proceed in the manner set out in 4.

above, with particular attention to the original Deed of Gift of the land.

5.2 seek professional advice in respect to ensuring that control of BMWH Inc. is and remains in the hands of the City of Burnside

5.3 obtain an independent professional valuation on the existing land and improvements

5.4 provide detailed revocation and sub-division requirements and / or obligations to enable the disposal of the asset as described.

5.5 provide a draft communication plan for informing the residents of the City of Burnside of the advantages and disadvantages of a land transfer.

5.6 provide estimated costs of achieving the transfer of land and buildings.


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6. That the Chief Executive Officer commence initial confidential discussions

with Burnside War Memorial Hospital Inc. and report to Council with the results of these discussions.

Seconded by Councillor Davey CARRIED The amendment became the motion and was CARRIED A Division was called by Councillor Davey: In Favour Councillor Monceaux Councillor Osterstock Councillor Bagster Councillor Cornish Councillor Piggott Councillor Davey Councillor Lord

Against Councillor Bills Councillor Lemon Councillor Wilkins

The Division resulted in the Motion being CARRIED

Confidentiality Recommendation

Councillor Wilkins moved:

C10383 1. That pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that: 1.1 the report, attachments and minutes remain confidential on the basis

that: 1.1.1 it contains information, the disclosure of which would involve the

disclosure of legal advice pursuant to Section 90(3)(h) of the Act; and

1.2 the report, attachments and minutes will not be available for public inspection for the period of 24 months at which time this order will be revoked / reviewed by the Council.

2. That for the items named in clause 2 and associated sub clauses, unless: 2.1 the period in respect of any order made under Section 91(7) of the

Local Government Act 1999 lapses; or




Seconded by Osterstock CARRIED Councillor Bagster left the meeting at 10.45 pm and did not return.


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Council Member Code of Conduct Complaint (Operational) (19.2)


C10384 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders

that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the Chief Executive Officer; the General Manager, Corporate Services; the General Manager, Community and Development Services, the General Manager Urban Services, the Principal Governance Officer and the Executive Assistants on the basis that it will receive and consider Item 19.2 Council Member Code of Conduct Complaint (Operational) and that the Council is satisfied, pursuant to section 90(3)(a) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) and to do so would, on balance, be contrary to the public interest. Seconded by Councillor Monceaux CARRIED

Councillor Lemon moved: 1. That the Report be received.

2. That Council notes the conclusions of the Preliminary Assessment Report prepared by Norman Waterhouse Lawyers and resolves to take no further action as there has been no found breach of the Code of Conduct for Council Members.

Seconded by Councillor Osterstock Councillor Davey moved an amendment:

1. That the Report be received.


3. While there has been no technical breach of the code of conduct it is the wish of Council that Councillor Bagster respectfully apologise in writing to Ms Jenny Turnbull.

Seconded by Councillor Cornish CARRIED Extension of Time

Councillor Bills moved:

C10385 That the meeting be extended for a further 30 minutes until 11.30 pm. Seconded by Councillor Piggott CARRIED The amendment became the motion and was LOST


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A Division was called by Councillor Osterstock: In Favour Councillor Bills Councillor Piggott Councillor Davey Councillor Lord

Against Councillor Monceaux Councillor Osterstock Councillor Cornish Councillor Lemon Councillor Wilkins

The Division resulted in the Motion being LOST Councillor Osterstock moved: 1. That the Report be received.


Seconded by Councillor Lemon Councillor Monceaux moved an amendment:



3. That the Mayor meets with Councillor Bagster to discuss the Elected Members’ concerns regarding this matter.

Seconded by Councillor Bills CARRIED UNANIMOUSLY

The amendment became the motion and was CARRIED UNANIMOUSLY

Confidentiality Recommendation

Councillor Wilkins moved:

1. That, having considered the matter in confidence, pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:

1.1 the report, minutes and attachments relating to this agenda item remain confidential on the basis that the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) pursuant to Section 90(3)(a) of the Local Government Act 1999; and

1.2 the report, minutes and attachments will not be available for public inspection for the period of five years at which time this order will be revoked / reviewed by the Council / Chief Executive Officer (CEO).

2. That for the item named in clause 3 and associated sub clauses, unless:


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2.1 the period in respect of any order made under Section 91(7) of the Local Government Act 1999 lapses; or




Seconded by Councillor Lemon Councillor Bills moved an amendment: 1. That, having considered the matter in confidence, pursuant to section 91(7)

and (9) of the Local Government Act 1999, the Council orders that:


1.2 the report, minutes and attachments will not be available for public inspection for the period of 12 months at which time this order will be revoked / reviewed by the Council / Chief Executive Officer (CEO).






Seconded by Councillor Piggott CARRIED The amendment became the motion and was LOST Councillor Osterstock moved:

C10387 1. That, having considered the matter in confidence, pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:



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1.2 the report, minutes and attachments will not be available for public inspection for the period of five years at which time this order will be revoked / reviewed by the Council / Chief Executive Officer (CEO).






Seconded by Councillor Lemon CARRIED Closure The meeting closed at 11.17 pm.

Minutes confirmed this day of 2015 Mayor/Presiding Member

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