local government act 1999 confirmed - city of playford

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MINUTES

of

ORDINARY COUNCIL MEETING

Pursuant to the provisions of Section 84(1) of the Local Government Act 1999

HELD IN

COUNCIL CHAMBERS

PLAYFORD CIVIC CENTRE 10 PLAYFORD BOULEVARD, ELIZABETH

ON

TUESDAY, 28 AUGUST 2018

AT 7:00PM

The meeting commenced at 7:01pm.

1 ATTENDANCE RECORD

1.1 Present

MAYOR GLENN DOCHERTY – Principal Member

Cr Marilyn Baker Cr Andrew Craig Cr Joe Federico Cr Michael Joy Cr Duncan MacMillan Cr Dino Musolino 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 Acting General Manager, City Services Ms Sam Hellams Senior Manager, Corporate Services Ms Rosemary Munslow Minute Taker Ms Skye Launer

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Ordinary Council Minutes 2 28 August 2018

1.2 Apologies

Cr Denis Davey Cr Shirley Halls Cr Samantha Blake

1.3 Not Present

Nil

2 CONFIRMATION OF MINUTES

COUNCIL RESOLUTION 3246

Moved: Cr Federico Seconded: Cr Smallwood-Smith

The Minutes of the Ordinary Council Meeting held 24 July 2018 be confirmed as a true and accurate record of proceedings.

CARRIED

3 DECLARATIONS OF INTEREST

Cr Peter Rentoulis declared an actual interest in item 14.6 – Community Development and Event Grants.

Mayor Glenn Docherty declared a perceived interest in item 14.6 – Community Development and Event Grants.

Name: Cr Peter Rentoulis

Conflict: Actual

Item: Item 14.6 – Community Development & Event Grants

Description: Agenda item 14.6 – Community Development and Event Grant. The VRAG has applied for an succeeded in obtaining a grant. I am chairperson on the association.

Conflict Nature:

a. Indirect b. Personal

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

If yes, how did the Council Member deal with the conflict?

Outline any further steps the Council Member took to ensure transparency and accountability:

I will be leaving the meeting during the agenda item.

Voting

Did the Council Member vote on the matter? No

How did the Council Member vote on the matter? N/A

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Name: Mayor Glenn Docherty

Conflict: Perceived

Item: 14.6 Community Development & Event Grant 2018/2019 Round 1

Description: Item 6: Upside Down Circus – held Mayor’s Prayer Dinner in 2018 that supported the Upside Down Circus

Item 7: Playford Christmas Pageant – I lead the Pageant each year with my family.

Ineligible Group, Item 4 + 5: United Way – I have attended many events with my children that have been run by United Way SA “United We Read” project.

Conflict Nature:

a. Indirect b. Personal / Pecuniary

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

If yes, how did the Council Member deal with the conflict?

Outline any further steps the Council Member took to ensure transparency and accountability:

Voting

Did the Council Member vote on the matter? No

How did the Council Member vote on the matter? N/A

4 MAYOR'S REPORT

The Mayor participated in the following activities:

Sponsorship Meeting with Fairmont Homes Addressed the Rotary Club of Elizabeth at their African Fundraising Dinner Meeting with Minister Stephan Knoll to discuss issues in Playford in his portfolio Meeting with various residents, community members and schools Attended the Grove Tennis Club – Special General Meeting/2018 AGM Spoke to the Northern Community Residential Village Residents Committee Presentation to winners of the 2018 Business Satisfaction Survey at the Stretton

Centre Kids in Council – Trinity College Gawler River Meeting with Edmund Rice Education Australia Opening Address at the Playford International College Educators Day Principals Lunch and Information Session with Tennis Gear at Playford Tennis

Centre Meeting of King Council Leaders with Minister of Transport, Infrastructure and

Local Government Lyell McEwin Volunteer Association AGM Community Clean-up with Bhutanese Community Bus Tour of City of Playford with representatives from various community

organisations Official Opening of the 2018 Mark Oliphant College Art Showcase Presentation to the Lions Club of Elizabeth Playford at their Supper Meeting Attended the Opening of the 45th Season of Carry on Guides #history

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Attended the St Patrick’s National Skills Business Lunch – Real Skills for Real Careers at Playford Civic Centre

Attended the Grenville Centre’s 1st Book Launch Private Citizenship Ceremonies Rotary Club of Elizabeth – Route Sixty Six Presentation Meeting University of Adelaide Mathematics Department on Maths in the North Science Storytime at the Civic Centre Library Craigmore High School Entrepreneurship Meeting

Summary of Media Engagements

TV, Radio and Print engagements

Bright future for Northern Adelaide – Messenger/ AdelaideNow feature Driverless bus coming to Playford – Messenger/ Advertiser and Bunyip Grenville Centre community consultation – Messenger and Bunyip Fasta Pasta heading to the Plaza – Messenger Curtis and Heaslip intersection upgrade– Bunyip and Two Wells Echo Fund My Neighbourhood program axed - Messenger

Council Business – Proactive Media Releases

SALA launch – Seven News and weather Driverless bus coming to Playford Fasta Pasta restaurant set for Plaza Playford Medical Hub plans outlined – Messenger, Bunyip, Nine News Stretton’s Youth Entrepreneur Program – Nine News, Messenger Local authors to headline Book Week – Messenger and Bunyip Bright future for Northern Adelaide – Messenger Seahorse program at the Rise – local print media

5 REPORTS OF REPRESENTATIVES OF COUNCIL ON OTHER ORGANISATIONS

Cr Denis Davey

Gawler River Flood Management Authority, Gawler Continuing Consensus at last to move forward with Northern Floodway Project at Virginia

Murray Darling Association Region 7 Meeting, Playford Brilliant presentation by Jonathan Roberts and Chris Burgess regarding Playford’s stormwater collection and retention and recycling water business

Murray Darling Association federal AGM, Leeton, NSW

6 REPORTS BY COUNCILLORS

Cr Denis Davey

Arthritis Foundation pain relief morning tea, Grenville Hub. Witnessed the efficiency of Playford in an emergency. When somebody had a

medical incident in Prince George Plaza. Police and ambulances were in attendance in minutes. A memo to elected members within hours. Thank you, CEO, Dr Mal Hemmerling, for yours and staff, diligence and efficiency.

Civic Events Committee CEO Performance Review Committee 10th Anniversary Headspace Breakfast, John McVeity Centre. Thank you to Cr Rentoulis for his invitation to lunch, Centrals vs Woodville West

Torrens. It was appreciated to have President David Cavanett of Centrals recognise the continued support of Playford Council.

A big thank you from the older residents in Davey Street, Elizabeth Park for 26 new properties and a closed walkway, in the past two terms. During the next term may there be an upgrade of the park please?

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Cr Jane Onuzans

SALA Opening Sonder Breakfast Playford Alive Community Reference Group Murray Darling Association Region 7 Meeting

Cr Max O’Rielly

Bulldogs Roundabout lighting upgrade, pleased that it has been installed and expressed thanks to staff

Cr Gay Smallwood-Smith

Representing the Mayor

90th Birthday of Thebarton Theatre and induction into Hall of Fame Opened SALA at Civic Centre Welcomed Murray Darling Association committee members to Playford Eide Festival, Bonython Park Official opening of Student Support Services at Elizabeth South As a Councillor

Hosted table at Centrals vs Norwood

7 REPORTS OF REPRESENTATIVES (CONFERENCES & TRAINING PROGRAMS)

Nil

Years of Service presentations were made to Cr Joe Federico and Mayor Glenn Docherty.

8 QUESTIONS WITHOUT NOTICE

8.1 GAWLER RIVER FLOOD MANAGEMENT AUTHORITY (Cr Dino Musolino)

Question: Has a formal request been made to the Federal and State Governments for funding from the Authority?

Answer: Dr Hemmerling took the question on notice.

8.2 BUSINESS OPERATING FROM RESIDENTIAL PROPERTY (Cr Duncan MacMillan)

Question: Cr MacMillan requested an update on the matter of a wrecking business operating from a residential property on Midway Road.

Answer: Ms Hellams took the question on notice.


Moved: Cr Musolino Seconded: Cr MacMillan

That the questions without notice from:

Cr Musolino

Cr MacMillan

And the accompanying responses be recorded in the minutes.

CARRIED

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9 QUESTIONS ON NOTICE

Cr Denis Davey

History

Cr Davey submitted the following question on 04 August 2018 for inclusion in the Council agenda.

Question

What will be the estimated costing of stormwater drainage & footpath creation. Both sides of Angle Vale Rd from Short Rd / Chivell Rd to the Heaslip Rd roundabout in the centre of the township of Angle Vale.

Can a timeline of from go to woh, be part of the reply to this question please?

Answer

As part of the Angle Vale Growth Area Plans, the following upgrades are expected to occur along Angle Vale Road in the next five to 10 years:

Upgrade Location Intersection Upgrades Chivell Road/Short Road/Angle Vale Road

Bubner Road/Angle Vale Road Heaslip Road/Angle Vale Road

roundabout Angle Vale Road to link new local roads Frisby Road/Angle Vale Road

New kerb, gutter and shared use path

from Chivell Road to Heaslip Road from Frisby Road to Heaslip Road

New bicycle lane, kerb, gutter, median, line marking and footpaths

between Frisby Road and NEXY

Roundabout upgrade to dual lane roundabout

Angle Vale Road/NEXY

The majority of the above upgrades will be funded via the Road Deed, with the timing of upgrades driven by the progress of residential development, under DPTI’s administration. The estimated cost of the upgrades along Angle Vale Road is between $17 million and $20 million.

Using Peachey Road as a costing basis for the section between Heaslip Road and Short Road, as requested by Cr Davey (excluding any service relocation or adjustment) please find below estimated costs for the construction of Stormwater and Footpath works only.

Design should be assumed to be an additional 8% of construction, and PM fees being an additional 8% of construction.

10 PETITIONS

10.1 REVOCATION OF COMMUNITY LAND CLASSIFICATION - STEBONHEATH PARK, ANDREWS FARM Contact Person: James Pollock

Council received a petition on Wednesday, 25 July 2018 from petition author Michael Hooke via Councillor Rentoulis.

The petition is relating to the Revocation of Community Land near President Avenue, Andrews Farm.

The petition is endorsed by twenty nine (29) residents, including Mr Hooke.

The petition is attached.

This request has been received as part of the community consultation period. Further investigation has being undertaken and a report will be presented later in the agenda

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as part of the Revocation of Community Land Classification – Stebonheath Park, Andrews Farm. The concerns raised in the petition will be addressed in this upcoming report.

11 DEPUTATION / REPRESENTATIONS

11.1 REVOCATION OF COMMUNITY LAND CLASSIFICATION – STEBONHEATH PARK, ANDREWS FARM MR MICHAEL HOOKE Mr Michael Hooke addressed the Chamber.

12 MOTIONS WITHOUT NOTICE


Moved: Cr Sherwood Seconded: Cr Smallwood-Smith

Council administration produce a report to Council, provided no later than six months’ time from today’s date, that investigates and explores options to:

Live stream and record (for future public access and use) Council and Committee meetings.

CARRIED

13 MOTIONS ON NOTICE

Nil

14 COMMITTEE REPORTS

Civic Events Committee

Nil

Corporate Governance Committee

Nil

Services Committee

Matters which cannot be delegated to a Committee or Staff.

14.1 DOG AND CAT MANAGEMENT PLAN 2018 - 2023 Responsible Executive Manager : Sam Hellams


Moved: Cr O'Rielly Seconded: Cr Federico

Council endorses the Dog and Cat Management Plan 2018 – 2023.

CARRIED

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14.2 REVOCATION OF COMMUNITY LAND CLASSIFICATION - STEBONHEATH PARK, ANDREWS FARM Responsible Executive Manager: James Pollock


Moved: Cr MacMillan Seconded: Cr Joy

Pursuant to Section 194 of the Local Government Act 1999, an application be made to the Minister of Planning seeking approval to revoke the community land classification over the following:

Portion of Allotment 1001 President Avenue, Andrews Farm as described within Deposited Plan 77749 contained in Certificate of Title Volume 6012 Folio 292; and

Portion of Allotment 101 President Avenue, Andrews Farm as described within Deposited Plan 38605 contained in Certificate of Title Volume 5430 Folio 193, being a closed road.

If Ministerial approval is received, a report will be presented to Council for further consideration to resolve to revoke the community land classification.

CARRIED

14.3 REVOCATION OF COMMUNITY LAND CLASSIFICATION - RAILWAY SCREENING RESERVE, SMITHFIELD Responsible Executive Manager: James Pollock


Moved: Cr MacMillan Seconded: Cr Smallwood-Smith

Pursuant to Section 194 of the Local Government Act 1999, an application be made to the Minister of Planning seeking approval to revoke the community land classification over the following:

Whole of Allotment 23 Talia Court, Smithfield as described within Deposited Plan 19708 contained in Certificate of Title Volume 5393 Folio 231; and

Portion of Allotment 121 Talia Court, Smithfield as described within Deposited Plan 10917 contained in Certificate of Title Volume 5546 Folio 212.

If Ministerial approval is received, a report will be presented to Council for further consideration to resolve to revoke the community land classification.

CARRIED

14.4 REVIEW OF RATE RELIEF POLICY Responsible Executive Manager : Sam Green


Moved: Cr Federico Seconded: Cr Baker

That Council endorse the Rate Rebate and Hardship policies and in doing so revokes the current Rate Relief Policy.

CARRIED

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14.5 BLACK SPOT PROGRAM - FUNDING DEED Responsible Executive Manager: Sam Green


Moved: Cr Federico Seconded: Cr MacMillan

Pursuant to Section 38 of the Local Government Act 1999, the Council authorises the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Playford to execute the Black Spot Funding Projects Funding Deeds (Attachment 1).

CARRIED

Matters which can be delegated to a Committee or Staff but the Council has decided not to delegate them.

14.6 COMMUNITY DEVELOPMENT AND EVENT GRANT - 2018/19 ROUND 1 Responsible Executive Manager: Sam Hellams

Cr Peter Rentoulis left the meeting room at 8:07pm in response to his declared interest in this item

Mayor Glenn Docherty left the meeting room at 8:07pm in response to his declared interest in this item

Deputy Mayor Gay Smallwood-Smith took the Chair in the absence of the Mayor


Moved: Cr Baker Seconded: Cr Onuzans

Community Development and Event Grant applications receive funding as follows:

Applicant Amount Requested

Amount Recommended

Eligible:

Australian Dalek Builders Union $2,000 $2,000

Elizabeth South Community Centre $5,000 $4,500

Emo’ya’Basango of SA $2,000 $2,000

Hannah Yates Music $1,991 $1,991

Lolly Jar Circus Inc $1,000 $1,000

Northern Adelaide Outreach Committee $5,000 $5,000

Playford Christmas Pageant $5,000 $5,000

Playford Country Music Club Inc $605.20 $605.20

Playford Uniting Church $1,000 $1,000

Uniting Communities Inc $2,200 $2,200

Virginia Residents Action Group Inc $1,000 $1,000

Ineligible:

CREEPDEV ESports $2,000 NIL

Northside Boxing and Jiu Jitsu Club $120,000 NIL

Seeds of Hope for All Nations Church Inc $5,000 NIL

United Way SA – Possum’s Playhouse $5,000 NIL

United Way SA – Read Aloud at Parafield Airport $5,000 NIL

$163,796.20 $26,296.20

CARRIED

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Cr Peter Rentoulis returned to the meeting room at 8:08pm

Mayor Glenn Docherty returned to the meeting room at 8:08pm

Cr Peter Rentoulis left the meeting room at 8:08pm

Chief Executive Officer Performance Review Committee

Matters for Information.

14.7 CEO PERFORMANCE AGREEMENT 2018/2019 Responsible Executive Manager : Rosemary Munslow


Moved: Cr Sherwood Seconded: Cr Smallwood-Smith

That the Committee after considering the draft Agreement recommend to Council the attached CEO Performance Agreement 2018/19 be endorsed for the preceding year.

CARRIED

Strategic Planning Committee


14.8 OPEN SPACE GUIDELINES AND STRATEGY - FINAL DOCUMENTS Responsible Executive Manager: Sam Green


Moved: Cr Baker Seconded: Cr O'Rielly

Council endorses the attached Open Space Guidelines (attachment 2) and Open Space Strategy (attachment 3), acknowledging delivery of the strategies will be subject to funding requests as part of the Annual Business Plan process.

CARRIED

15 STAFF REPORTS


15.1 APPOINTMENT OF INDEPENDENT MEMBER TO THE CORPORATE GOVERNANCE COMMITTEE Responsible Executive Manager: Sam Green


Moved: Cr Smallwood-Smith Seconded: Cr Federico

Council extends the appointment of Ms Merridie Martin to the Corporate Governance Committee for the period of 1 November 2018 to 31 March 2019.

CARRIED

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15.2 GREATER EDINBURGH PARKS INFRASTRUCTURE DEEDS Responsible Executive Manager : Sam Green


Moved: Cr Baker Seconded: Cr MacMillan

That Council resolves to:

1. Enter into a Stormwater Infrastructure Deed with Blanalko Pty Ltd for the proposed rezone area, being the whole of the land comprised in Certificate(s) of Title Volume 5976 Folios 894 and 895, on the terms of the draft deed attached at Attachment 1 to the Report;

2. Enter into an interim Transport Infrastructure Design and Delivery Deed with Blanalko Pty Ltd and the Minister for Transport, Infrastructure and Local Government for the proposed rezone area, being the whole of the land comprised in Certificate(s) of Title Volume 5976 Folios 894 and 895, on the terms of the draft deed attached at Attachment 2 to the Report;

3. Enter into a Land Management Agreement with Blanalko Pty Ltd and the Minister for Transport, Infrastructure and Local Government for the proposed rezone area, being the whole of the land comprised in Certificate(s) of Title Volume 5976 Folios 894 and 895, on the terms of the draft deed attached as Attachment 3 to the Report;

4. Authorise the Chief Executive Officer to make and agree such minor amendments to the draft documents referred to in paragraphs 1, 2 and 3 above as are required to finalise the documents for execution (or Lodgement with the Land Titles Office) and that do not change their intent; and

5. Authorise the Chief Executive Officer and Mayor to affix the common seal to the final documents.

CARRIED

Matters for Information.

15.3 BUDGET UPDATE REPORT - JULY 2018 Responsible Executive Manager: Sam Green


Moved: Cr Smallwood-Smith Seconded: Cr Federico

That Council receives the Budget Update Report for the period ending 31 July 2018 (Attachment 1).

CARRIED

16 INFORMAL DISCUSSION

Nil

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17 FORWARD AGENDA

17.1 ORDINARY COUNCIL FORWARD AGENDA

Presenter: Mr Mal Hemmerling

Outcome: Councillors reviewed the Council forward agenda

18 CONFIDENTIAL MATTERS

Item 18.2 brought forward for consideration.

18.2 PLAYFORD ARENA PRUDENTIAL REVIEW Responsible Executive Manager: James Pollock

A. COUNCIL TO MOVE MOTION TO GO INTO CONFIDENCE


Moved: Cr MacMillan Seconded: Cr Federico

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 City Services;

General Manager Strategic Projects and Assets;

Senior Manager Corporate Services; and

Minute Taker;

in order to consider in confidence agenda item number 18.2 under Sections 90(3)(b)(d) of the Local Government Act 1999 on the basis that:

(b) i) information the disclosure of which 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

ii) information the disclosure of which would, on balance, be contrary to the public interest; and

(d) i) commercial information of a confidential nature (not being a trade secret) the disclosure of which 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) commercial information of a confidential nature (not being a trade secret) the disclosure of which would, on balance, be contrary to the public interest.

This matter is confidential because it details financial information relating to the sale of the allotment which is likely to prejudice the commercial position of Council and contains information that if disclosed could prejudice the person who supplied the information or confer a commercial advantage on a third party and would be contrary to the public interest.

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 Adam Sherwood left the meeting room 8:13pm

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The meeting went into confidence at 8:13pm

Cr Peter Rentoulis returned to the meeting room at 8:14pm

Cr Adam Sherwood returned to the meeting room at 8:16pm

C. PROCEDURAL DECISION - TO DECIDE HOW LONG ITEM 18.2 IS TO BE KEPT IN CONFIDENCE


Moved: Cr Baker Seconded: Cr Joy

Pursuant to Section 90(2) and Section 91(7) of the Local Government Act 1999, the Council orders that the following aspects of Item 18.2 be kept confidential, with the exception of the third parties to allow the enactment of the resolution, in accordance with Council’s reasons to deal with this item in confidence pursuant to Sections 90(3)(b)(d) of the Local Government Act 1999:

Report for Item 18.2

Attachment(s) for Item 18.2

Decision for Item 18.2

This order will be reviewed within 12 months by Council in accordance with Section 91(9)(a) of the Local Government Act 1999.

CARRIED

The meeting was re-opened to the public at 8:16pm

18.1 OUTCOMES OF THE CHIEF EXECUTIVE OFFICER PERFORMANCE REVIEW FOR 2017/18 YEAR Responsible Executive Manager: Rosemary Munslow

A. COUNCIL TO MOVE MOTION TO GO INTO CONFIDENCE


Moved: Cr O'Rielly Seconded: Cr Sherwood

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;

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 the matter contains sensitive information relating to the personal affairs of the Chief Executive Officer.

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/Committee consider it necessary to consider this matter in confidence.

CARRIED

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The meeting went into confidence at 8:17pm

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


Moved: Cr Baker Seconded: Cr Federico

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:

Report for Item 18.1

Attachment(s) for Item 18.1

This order 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 was re-opened to the public at 8:19pm

19 CLOSURE

The meeting closed at 8:19pm.

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local government act 1999 confirmed - city of playford

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