minutes - apc.sa.gov.au€¦ · 19/03/2018 · of the department of environment, water and natural...
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16480
Ordinary Council Meeting
19 March 2018
MINUTES
of
Ordinary Council Meeting
Pursuant to the provisions of section 84 (1) of the
Local Government Act 1999
HELD IN
Council Chambers Redbanks Road,
Mallala
on
Monday, 19 March 2018 at 6:30pm
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Ordinary Council Meeting
19 March 2018
Mayor Flaherty formally declared the meeting open at 6:29pm.
1. ATTENDANCE RECORD
1.1 Present:
Mayor A J (Tony) Flaherty OAM JP
Councillor Terry-Anne Keen
Councillor Stephen Jones
Councillor P D (Joe) Daniele
Councillor Carmine Di Troia
Councillor Margherita Panella
Councillor Eddie Stubing (from 6:51pm)
Also in Attendance:
Chief Executive Officer Mr James Miller
General Manager, Finance and Economic Development Mr Rajith Udugampola
General Manager, Governance and Communications Ms Sheree Schenk
General Manager, Infrastructure Mr Martin Waddington
General Manager, Development and Community Mr Robert Veitch
Minute Secretary Ms Andrea Post
1.2 Apologies:
Councillor Melville Lawrence
Councillor S M (Marcus) Strudwicke
1.3 Not Present / Leave of Absence:
Councillor Karen McColl – Leave of absence
CONFIRMATION OF MINUTES
2.1 Confirmation of Council Minutes – Ordinary meeting held 19 February 2018
Moved Councillor Daniele Seconded Councillor Panella 2018/ 087
“that the minutes of the Ordinary Council Meeting held on Monday 19 February 2018
(MB Folios 16446 to 16467, inclusive), be accepted as read and confirmed.”
CARRIED
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2.2 Confirmation of Council Minutes – Special meeting held 26 February2018
Moved Councillor Keen Seconded Councillor Daniele 2018/ 088
“that the minutes of the Special Council Meeting held on Monday 26 February 2018
(MB Folios 16468 to 16474, inclusive), be accepted as read and confirmed.”
CARRIED
2.3 Confirmation of Council Minutes – Special meeting held 5 March 2018
Moved Councillor Di Troia Seconded Councillor Jones 2018/ 089
“that the minutes of the Special Council Meeting held on Monday 5 March 2018
(MB Folios 16475 to 16479, inclusive), be accepted as read and confirmed.”
CARRIED
3. BUSINESS ARISING
Nil
4. ADJOURNED BUSINESS
Nil
5. DECLARATION OF MEMBERS’ INTEREST (material, actual, perceived)
Nil
6. PUBLIC OPEN FORUM
The Presiding Member, with approval of two-thirds of the members present suspended
the meeting procedures pursuant to Regulation 20(1) of the Local Government
(Procedures at Meetings) Regulations 2013, for a period of 15 minutes to facilitate
‘Public Open Forum’. The meeting was suspended at 6:31pm.
Alvin Jenkin Parham
Topics Discussed
Item 14.2 – Horse Float Parking at Parham
The meeting resumed at 6:36pm.
7. MAYOR’S REPORT
Monday, 12 February 2018
Elected Member Bus Tour and Budget Workshop
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19 March 2018
Tuesday, 13 February 2018
Special Council Meeting
Audit Committee Meeting
Wednesday, 14 February 2018
Sam Davies 2018 SA-BEST Candidate for Narungga
Friday, 16 February 2018
Legatus Group Meeting – hosted by Adelaide Plains Council
Monday, 19 February 2018
Mayor, Deputy Mayor and Executive Management Team
Ordinary Council Meeting
Wednesday, 21 February 2018
NAIS Meeting, Unley
Finance Meeting, Unley
Friday, 23 February 2018
Resident/Ratepayer meeting, Johns Road, Lewiston
Ordinary Council Meeting
Saturday, 24 February 2018
Mayor / CEO Meeting – North Adelaide
Tuesday, 27 February 2018
Meeting with Consultant – Confidential matter
Thursday, 1 March 2018
Meeting with Consultant – Confidential matter
8. REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED
Nil
9. DEPUTATIONS
Nil
10. PRESENTATIONS / BRIEFINGS
10.1 Mr Tony Fox, District Manager Northern Hills Coast and Plains, employed by Department
of Environment, Water and Natural Resources (DEWNR) gave a 30 minute briefing
regarding the Natural Resources Adelaide and Mount Lofty Ranges programs in the
Adelaide Plains Council area.
At this juncture, 6:51pm, Councillor Stubing entered the meeting.
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11. PETITIONS
Nil
12. COMMITTEE RECOMMENDATIONS
12.1 Adelaide Plains Council Historical Committee – meeting held 7 February 2018
Moved Councillor Keen Seconded Councillor Jones 2018/ 090
“that Council receives and notes the minutes of the Adelaide Plains Council Historical
Committee meeting held 7 February 2018.”
CARRIED
13. ASSOCIATED ORGANISATIONS
13.1 Gawler River Floodplain Management Authority – meeting held 15 February 2018
Moved Councillor Keen Seconded Councillor Panella 2018/ 091
“that Council receives and notes the minutes of the Gawler River Floodplain
Management Authority meeting held 15 February 2018.”
CARRIED
13.2 Legatus Group – meeting held 16 February 2018
Moved Councillor Panella Seconded Councillor Jones 2018/ 092
“that Council receives and notes the minutes of the Legatus Group meeting held
16 February 2018.”
CARRIED
14. REPORTS FOR DECISION
14.1 Planning Institute of Australia – National Planning Congress 2018
Moved Councillor Panella Seconded Councillor Keen 2018/ 093
“that Council, having considered Item 14.1 – Planning Institute of Australia – National
Planning Congress 2018, dated 19 March 2018, receives and notes the report and in
doing so approves the Chief Executive Officer’s attendance at the National Conference
to be held in Perth from 9-11 May 2018.”
CARRIED
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14.2 Horse Float Parking - Parham
Moved Councillor Panella Seconded Councillor Stubing 2018/ 094
“that Council, having considered Item 14.2 – Horse Float Parking - Parham, dated
19 March 2018, receives and notes the report and in doing so authorises the General
Manager Development and Community to undertake public consultation in accordance
with the attached Public Consultation Policy.”
CARRIED
14.3 Adelaide International Bird Sanctuary Management Plan Consultation
Moved Councillor Keen Seconded Councillor Jones 2018/ 095
“that Council, having considered Item 14.3 – Adelaide International Bird Sanctuary
Management Plan Consultation, dated 19 March 2018, receives the report and in doing
so, endorses the proposed consultation response to the Department of Environment,
Water and Natural Resources as identified in (Attachment 2) to the report.”
CARRIED
14.4 WAY2GO Program
Moved Councillor Daniele Seconded Councillor Panella 2018/ 096
“that Council, having considered Item 14.4 – Way2Go Program, dated 19 March 2018
receives and notes the report and in doing so, agrees to Adelaide Plains Council joining
the Way2Go program and a representative from the Department of Planning,
Transport and Infrastructure contacting Mallala Primary School and Two Wells Primary
School to gauge their interest in participating in the program.”
CARRIED
14.5 Two Wells Community Fund Terms of Reference
Moved Councillor Jones Seconded Councillor Daniele 2018/ 097
“that Council, having considered Item 14.5 – Two Wells Community Fund Terms of
Reference, dated 19 March 2018, receives and notes the report and in doing so:-
1. Endorses the Two Wells Community Fund Terms of Reference
(Attachment 1) and Two Wells Township Map (Attachment 2) to this
Report; and
2. Appoints the General Manager Development and Community as Council’s
representative to the Two Wells Community Fund Committee and the
Library and Community Services Coordinator as the ‘Alternate Member’
until 31 March 2019 (as per attached Terms of Reference clauses 3.1 and
3.4); and
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3. Delegates authority to the Chief Executive Officer to make any necessary
minor administrative amendments to the documents including the
nomination and appointment of an Independent Chair.”
CARRIED
14.6 Policy Review - Volunteers Policy and Code of Conduct for Volunteers
Moved Councillor Daniele Seconded Councillor Keen 2018/ 098
“that Council, having considered Item 14.6– Policy Review – Volunteers Policy and Code
of Conduct for Volunteers, dated 19 March 2018 receives and notes the report and in
doing so:-
1. Endorses the updated Volunteer Management Policy (Attachment 2) and
the Code of Conduct for Volunteers (Attachment 3) to this report ; and
2. Delegates authority to the Chief Executive Officer to make any minor
administrative amendments necessary to finalise the documents.”
CARRIED
14.7 Policy Review - Vulnerable Groups/Individuals Policy and Code of Conduct
Moved Councillor Di Troia Seconded Councillor Jones 2018/ 099
“that Council, having considered Item 14.7 – Policy Review – Vulnerable
Groups/Individuals Policy and Code of Conduct dated 19 March 2018, receives and
notes the report and in doing so:-
1. Endorses the updated Children and Vulnerable Persons Safety Policy
(Attachment 2) and the Children and Vulnerable Persons Code of Conduct
(Attachment 3) to this report; and
2. Delegates authority to the Chief Executive Officer to make any minor
administrative amendments necessary to the documents.”
CARRIED
14.8 Draft 2018-2019 Budget
Moved Councillor Panella Seconded Councillor Jones 2018/ 100
“that Council, having considered Item 14.8 – 2018-2019 Annual Business Plan, Budget
and Long Term Financial Plan 2019-2028, dated 19 March 2019, adjourn the item until
the next Special Council meeting on Monday 26 March 2018 commencing at 6:00pm,
providing that more information is provided relating to dot point 4.”
CARRIED
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At this juncture, 8:00pm, Councillor Di Troia left the meeting.
14.9 Regional Flood Monitoring and Alert System – Light, Gilbert and Wakefield Rivers
Moved Councillor Keen Seconded Councillor Stubing 2018/ 101
“that Council, having considered Item 14.9 – Regional Flood Monitoring and Alert
System – Light, Gilbert and Wakefield Rivers, 19 March 2018, receives and notes the
report and in doing so that after the upcoming State Election campaign in March,
Council endorses the Chief Executive Officer to formally write to the relevant Minister
of the Department of Environment, Water and Natural Resources (DEWNR) to lobby
that the flood monitoring and alert system in our region is the responsibility of the
State Government not Council as proposed by DEWNR”.
CARRIED
At this juncture, 8:03pm, Councillor Di Troia returned to the meeting.
14.10 2018 Council Next Practice Showcase and LGA Ordinary General Meeting
Moved Councillor Panella Seconded Councillor Jones 2018/ 102
“that the Council having considered Item 14.10 - 2018 Council Next Practice Showcase
and LGA Ordinary General Meeting, dated 19 March 2018, receives and notes the
report and in doing so authorises Mayor Flaherty OAM, Deputy Mayor Lawrence and
Chief Executive Officer, James Miller, to attend the Showcase and LGA Ordinary
General Meeting and delegates authority to the Mayor, Deputy Mayor and CEO to
adjudicate on the various motions put forward by member councils and vote
accordingly.”
CARRIED
15. REPORTS FOR INFORMATION
15.1 Council Resolutions / Actions Report
Moved Councillor Jones Seconded Councillor Panella 2018/ 103
“that Council, having considered Item 15.1 – Council Resolutions/Action Report, dated
19 March 2018, receives and notes the report.”
CARRIED
15.2 Economic Development Officer – Resource Sharing Opportunity
Moved Councillor Panella Seconded Councillor Keen 2018/ 104
“that Council, having considered Item 15.2 – Economic Development Officer – Resource
Sharing Opportunity, dated 19 March 2018, receives and notes the report.”
CARRIED
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16. QUESTIONS ON NOTICE
16.1 Two Wells Memorial
Councillor Panella gave notice of her intention to ask the following questions:
Preamble At the January 2018 Ordinary Council meeting, we saw a recommendation that the
pine trees adjacent to the Two Wells Memorial be removed on the basis of
potential wall damage. I respect the importance of the War Memorial but I also
respect the trees they were planted by the pioneers of our council areas. I’m sure
that our pioneers planted these trees therefore I would hope we show the same
respect to them.
I therefore ask the following questions:
Question 1: What planning approvals were given for Two Wells War Memorial precinct
upgrade? Please specify:
Answer: The only development approval issued by Council relates to the pole mounted with
solar panel to provide power to illuminate the war memorial plaque
(312/209/2014).
Question 2: During assessments of the application was any consideration given to the
established Pine Trees and the proximity of the proposed War Memorial
boundary stone wall? Please specify
Answer: Not relevant to the assessment of the above application.
Question 3: As the War Memorial is on council land, what public consultation took place prior
to any work taking place? Please specify
Answer: No evidence of public consultation on the wall itself has been found, however
public consultation on “Two Wells RSL Memorial Reserve Upgrade” occurred in
August 2014 which was advertised on Councils website. The purpose was to
consult on the Two Wells RSL proposal to upgrade the Two Wells War Memorial
Reserve to incorporate a life size dog statue made of black granite and an
illuminated solar powered rising sun.
Question 4: What is our Open Space policy? Is the War Memorial included in the Open Space
policy? Can a copy of the policy be included. What are the requirements of public
consultation for the War Memorial?
Answer: Council does not have an Open Space Policy persée. However Council adopted an
open space plan in 2016 which dealt with sporting precincts and did not include
war memorials.
Question 5: What are the dimensions of the wall foundation preparation which was
apparently dug by council staff and reinforced with steel mesh, can that verbal
information be confirmed from staff records? What were the trenching
dimensions?
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Answer: The dimensions of the wall foundations (footings) and other details such as steel
reinforcing are unknown. No administrative records have yet been found to detail
staff involvement, however interviews with staff indicate that they were instructed
by the CEO of the day to dig the foundations. Staff were not involved in the further
preparation of the footing from that point on.
Question 6: What are the engineering specifications for the wall foundation, MPA strength
concrete and what size rio mesh or steel rods was used? Please specify.
Answer: As per question 5 above.
Question 7: Was an engineering consultant used and was a report given to council prior to
building the wall? What engineering specifications were recommended?
Answer: Engineering consultants use or otherwise is unknown. No records of a report have
been found.
Question 8: What measures have been taken to protect the future of the pine trees? Has an
independent tree doctor/arborist been consulted to check the health, welfare
and longevity of the trees throughout Two Wells and other areas?
Answer: No special measures have been taken to protect the future of the pine trees other
than routine maintenance and care. The only vegetation that is specifically
protected by law is that under the Native Vegetation Act 1991.
An independent arborist has not been consulted. However approximately a year
ago a limb on one of the pine trees was observed to be dying. The limb was
attended to by internal staff (removed and tidied up) and a subsequent inspection
of the rest of the tree at the time found a bore hole drilled in the trunk. The timing
of the drilling was not possible to ascertain with any certainty but it may be
connected with the limb dying.
Question 9: If these trees are poisoned and we can see the trees start to die off, will council
seek a police investigation regarding the destruction of council property and
press charges regarding to the damages or loss of these trees?
Answer: Vandalism to Council property such as the destruction of a tree would ordinarily be
reported to the police. In the case of this tree there was no clear evidence as to a
perpetrator(s) nor was it absolutely certain the tree was poisoned and if so then
the time it occurred was unclear too. Staff elected to manage the tree’s health and
ensure its survival to the best of their ability.
17. QUESTIONS WITHOUT NOTICE
Not recorded in Minutes in accordance with Regulation 9(5) of the Local Government
(Procedures at Meetings) Regulations 2013.
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18. MOTIONS ON NOTICE
18.1 Rescind Motion (2017/099) – Camping Reserves
Moved Councillor Jones Seconded Councillor Stubing 2018/ 105
“that the below resolution (2047/099) which provides:-
“that Council, having considered Item 12.5.2 – Camping Reserves, dated 18
April 2017, charge a fee of $10 per site per night applied to both Parham and
the new Mallala camp ground and a coin operated timer be retrofitted to the
existing shower at the Mallala oval set at $2 for a 7 minute shower.”
be rescinded”.
CARRIED
18.2 Mining and Environmental Degradation
Moved Councillor Jones Seconded Councillor Keen 2018/ 106
“that Staff prepare report to Council on all and any other matters outlined in preamble
in relation to land bordering Parham Rd, Driscoll Tce, and North Parham Rd and a
summary of all regulatory aspects over subject land and possible options for cessation
of antisocial behaviour illegal dumping and land degradation and to also include a visit
to site for interested members before next council meeting in April”.
CARRIED
19. MOTIONS WITHOUT NOTICE
19.1 Courtesy Signs - Roberts Road, Lewiston
Moved Councillor Jones Seconded Councillor Stubing 2018/ 107
“that administration bring back a report in relation to the installation of courtesy road
signs encouraging motorists to slow down.”
CARRIED
At this juncture, 8:42pm, Councillor Di Troia left the meeting.
At this juncture, 8:43pm, Councillor Di Troia returned to the meeting.
20. URGENT BUSINESS
20.1 Quarterly Report - Tracking Times of Development Applications
Moved Councillor Stubing Seconded Councillor Jones 2018/ 108
“that administration bring back a report on a quarterly basis providing a broad brushed
overview of timeframes, types of applications, category and classification for all
incoming development applications to the Adelaide Plains Council, and what
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percentage of development application assessments are meeting the statutory time
frames as set out in legislation.”
CARRIED
20.2 2018 State Election Acknowledgements
Moved Councillor Jones Seconded Councillor Keen 2018/ 109
“that Council instruct its Chief Executive Officer (CEO) to formally write to the
successful candidates for the three (3) State Government seats that fall within Adelaide
Plains Council (Schubert, Taylor and Narungga) congratulating them on being elected
to the House of Representatives. Further, that the CEO also write to those outgoing
MPs in Leesa Vlahos and Steven Griffiths thanking them for their valuable service to
the Adelaide Plains community.”
CARRIED
21. CONFIDENTIAL ITEMS
21.1 Reappointment of GRFMA Chairperson
Moved Councillor Keen Seconded Councillor Jones 2018/ 110
“that:-
a) under the provisions of Section 90(2) of the Local Government Act 1999, an
order be made that the public with the exception of Chief Executive Officer,
General Manager – Development, General Manager – Infrastructure, General
Manager – Finance and Economic Development, and Minute Taker be excluded
from attendance at the meeting of the Council in order to consider in
confidence Item 21.1 – Reappointment of GRFMA Chairperson
b) the Council is satisfied that it is necessary that the public be excluded to
enable the Council to consider the report at the meeting:-
on the grounds provided by Section 90(3)(a), information the disclosure of
which would involve the unreasonable disclosure of information
concerning the personal affairs of any person (living or dead);
Accordingly, on this basis the principle that meetings of the Council should be
conducted in a place open to the public has been outweighed by the need to keep the
information or discussion confidential.”
CARRIED
21.1 Moved Councillor Keen Seconded Councillor Daniele 2018/ 111
“that Council, having considered Item 21.1 – Reappointment of GRFMA Chairperson,
dated 19 March 2018, receives and notes the report and in doing so:-
1. Endorses the reappointment of Mr Ian Baldwin to the position of Gawler
River Floodplain Management Authority chairperson for a term of two
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years; and
2. Delegates authority to the Chief Executive Officer to write to the
Executive Officer of the Gawler River Floodplain Management Authority
to advise of Adelaide Plains Council’s decision.”
CARRIED
21.1 Moved Councillor Keen Seconded Councillor Jones 2018/ 112
“that:-
in accordance with Section 91(7) and Section 91(9) of the Local Government Act 1999
and on the grounds that Item 21.1 – Reappointment of GRFMA Chairperson for the
Ordinary meeting of the Council held on 19 March 2018, was discussed and considered
in confidence pursuant to Section 90(3)(a) of the Local Government Act 1999, this
meeting of the Council, does order that:
(a) the agenda item, report and annexures and any other associated
information submitted to this meeting and the minutes of this meeting
in relation to the matter remain confidential and not available for public
inspection until made publically available by the Gawler River Floodplain
Management Authority;
(b) the confidentiality of the matter be reviewed once in each 12 months;
and
(c) the Chief Executive Officer be delegated the authority to review and
revoke all or part of the order herein pursuant to Section 91(9)(c) of the
Local Government Act 1999.”
CARRIED
21.2 Junction Australia Ltd – Lease Agreement
Moved Councillor Daniele Seconded Councillor Keen 2018/ 113
“that:-
a) under the provisions of Section 90(2) of the Local Government Act 1999, an
order be made that the public with the exception of Chief Executive Officer,
General Manager – Development, General Manager – Infrastructure, General
Manager – Finance and Economic Development, and Minute Taker be excluded
from attendance at the meeting of the Council in order to consider in
confidence Item 21.2 – Junction Australia Ltd – Lease Agreement
b) the Council is satisfied that it is necessary that the public be excluded to
enable the Council to consider the report at the meeting:-
on the grounds provided by Section 90(3)(a) and (d),
(a) information the disclosure of which would involve the unreasonable
disclosure of information concerning the personal affairs of any
person (living or dead);
(d) commercial information of a confidential nature (not being a trade
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19 March 2018
secret) the disclosure of which-
(i) could reasonably be expected to prejudice the commercial
position of the person who supplied the information, or to confer
a commercial advantage on a third party; and
(ii) would, on balance, be contrary to the public interest;
Accordingly, on this basis the principle that meetings of the Council should be
conducted in a place open to the public has been outweighed by the need to keep the
information or discussion confidential.”
CARRIED
21.2 Moved Councillor Keen Seconded Councillor Daniele 2018/ 114
“that Council, having considered Item 21.2 – Junction Australia – Lease Agreement,
dated 19 March 2018, receives and notes the report and in doing so adopts the current
Rent Setting, Utility Charges and Tenant Entry Criteria as detailed in the associated
report.”
CARRIED
21.2 Moved Councillor Daniele Seconded Councillor Jones 2018/ 115
“that Council having considered Item 21.2 - Junction Australia – Lease Agreement,
dated 19 March 2018, authorise the Chief Executive Officer or delegate to negotiate
with other interested parties to manage the units on behalf of Council.”
CARRIED
21.2 Moved Councillor Keen Seconded Councillor Di Troia 2018/ 116
“that:-
in accordance with Section 91(7) and Section 91(9) of the Local Government Act 1999
and on the grounds that Item 21.2 – Junction Australia Ltd – Lease Agreement for the
Ordinary meeting of the Council held on 19 March 2018, was discussed and considered
in confidence pursuant to Section 90(3)(a) and (d) of the Local Government Act 1999,
this meeting of the Council, does order that:
(a) the agenda item, report and annexures and any other associated
information submitted to this meeting and the minutes of this meeting
in relation to the matter remain confidential and not available for public
inspection until the current tenants have been formally advised of the
change of management;
(b) the confidentiality of the matter be reviewed once in each 12 months;
and
(c) the Chief Executive Officer be delegated the authority to review and
revoke all or part of the order herein pursuant to Section 91(9)(c) of the Local
Government Act 1999.”
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CARRIED
22. CLOSURE
There being no further business, the Mayor declared the meeting closed at 9:07pm.
Confirmed as a true record.
Mayor: ......................................................................
Date: ____/____/___