minutes of council - 11 may 2021

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MINUTES OF THE COUNCIL MEETING HELD ON TUESDAY 11 MAY 2021

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Page 1: Minutes of Council - 11 May 2021

MINUTES

OF THE

COUNCIL MEETING

HELD ON

TUESDAY 11 MAY 2021

Page 2: Minutes of Council - 11 May 2021
Page 3: Minutes of Council - 11 May 2021

COUNCIL

MINUTES 11 MAY 2021

MINUTES OF A MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON TUESDAY, 11 MAY 2021 AT 7PM.

MEMBERSHIP: Mayor H Holmes-Ross

Crs J Bange, C Cheney, A Christopoulos, K Hockley, D Kruse, C McCarthy, R Moss, D Munro, J Sanderson, K Steele, L Taeuber, A Tilley and Y Todd

INDEX

PLEDGE AND KAURNA ACKNOWLEDGEMENT ................................................... 1

WELCOME ................................................................................................................ 1

PRESENT: ................................................................................................................. 2

APOLOGIES: ............................................................................................................. 2

LEAVE OF ABSENCE: .............................................................................................. 2

ABSENT: ................................................................................................................... 2

STAFF IN ATTENDANCE: ........................................................................................ 2

BUSINESS ................................................................................................................. 2

1. ELECTED MEMBERS’ DECLARATIONS OF INTERESTS ................ 3

2. CONFIRMATION OF MINUTES ..................................................... 4

2.1 FULL COUNCIL MEETING - 27 APRIL 2021 ................................................ 4

3. ADJOURNED MOTIONS................................................................ 4

4. ADJOURNED BUSINESS ............................................................... 4

5. DEPUTATIONS ............................................................................. 4

5.1 MR CRAIG DANIEL - HAWTHORNDENE OVAL .......................................... 4

5.2 MS SHELLEY WILLIAMS - ADELAIDE MOUNTAIN BIKE CLUB FUNDING ...................................................................................................... 4

5.3 MR TOM MORRISON - CHARACTER AREA DPA ....................................... 4

5.4 MR GLEN ROSIE – HAWTHORNDENE OVAL ............................................. 5

6. PRESENTATIONS ......................................................................... 5

7. GALLERY QUESTION TIME .......................................................... 5

Page 4: Minutes of Council - 11 May 2021

COUNCIL MINUTES

INDEX PAGE 2 11 MAY 2021

QUESTIONS FROM THE COUNCIL MEETING – 11 MAY 2021 .............................. 5

7.1 MR ANDE LIM – HAWTHORNDENE OVAL AND APEX PARK ................... 5

8. PETITIONS .................................................................................. 5

9. DECISION REPORTS .................................................................... 6

9.1 SPECIAL RESIDENTIAL CHARACTER AREAS DPA - ENDORSEMENT ........................................................................................... 6

9.2 COMMUNITY ENGAGEMENT ON APEX PARK AND HAWTHORNDENE OVAL CLMP REVIEWS AND CLUB PROPOSALS FOR HAWTHORNDENE OVAL .................................................................... 7

9.1 SPECIAL RESIDENTIAL CHARACTER AREAS DPA - ENDORSEMENT ......................................................................................... 18

12. MOTIONS ON NOTICE ................................................................ 21

12.7 CR ANDREW TILLEY - SPONSORSHIP OF ADELAIDE MOUNTAIN BIKE CLUB EVENT .................................................................................... 21

9. DECISION REPORTS .................................................................. 22

9.3 2021/22 STATE BICYCLE FUND PROJECTS ............................................ 22

9.4 HAWTHORN BOWLING CLUB LANDLORD APPROVAL AND FUNDING CONSIDERATION FOR VARIOUS FACILITY UPGRADES ...... 24

9.5 MITCHAM ART ADVISORY GROUP (MAAG) PUBLIC ART GRANTS ROUND 5 .................................................................................................... 25

9.6 2021/22 OPERATING PROJECTS .............................................................. 25

CLOSE: .................................................................................................................... 27

Page 5: Minutes of Council - 11 May 2021

COUNCIL

MINUTES 11 MAY 2021

MINUTES OF A MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON TUESDAY, 11 MAY 2021 AT 7PM.

MEMBERSHIP: Mayor H Holmes-Ross

Crs J Bange, C Cheney, A Christopoulos, K Hockley, D Kruse, C McCarthy, R Moss, D Munro, J Sanderson, K Steele, L Taeuber, A Tilley and Y Todd

PLEDGE AND KAURNA ACKNOWLEDGEMENT The Mayor pledged: We acknowledge that this land we meet on is the traditional land of the Kaurna people. We respect their spiritual relationship with their country. We, as a Council, welcome all members of the community and pledge honesty and good governance in all of our dealings.

WELCOME The Mayor welcomed those present to the meeting and advised that the meeting was being audio recorded with a copy to be made available on the website with the minutes.

Page 6: Minutes of Council - 11 May 2021

COUNCIL MINUTES

PAGE 2 11 MAY 2021

PRESENT:

Her Worship the Mayor (H Holmes-Ross) Crs J Bange, C Cheney, A Christopoulos, K Hockley, D Kruse, C McCarthy, R Moss, D Munro, J Sanderson, K Steele, A Tilley and Y Todd

APOLOGIES:

Cr L Taeuber

LEAVE OF ABSENCE:

ABSENT:

STAFF IN ATTENDANCE:

Chief Executive Officer (M Pears), General Manager, Engineering & Horticulture (D Baker), General Manager Corporate Services and Innovation (W Reynolds), General Manager Development Services & Community Safety (C Harrison), General Manager Organisational & Community Development (K O'Neill), Group Manager (M Romaine), Manager Performance and Strategy (D Jellings), Manager Property and Facilities (A Polkamp), Manager Open Space (M Willis), Business Partner Strategic Planning (B Hignett), Property Officer (S Huntley), Sport and Recreation Officer (H Ashworth), Strategic Planning Project Officer (A Ralph), Minute Secretary (J Barrett)

BUSINESS

7:03pm Leave of the meeting was sought and granted for Cr Tilley to provide a personal explanation regarding missing three consecutive Council Meetings.

MOVED Cr Christopoulos

1. That Council acknowledges the personal explanation from Councillor

Tilley.

2. Given the personal explanation resolves to take no further action.

SECONDED Cr Kruse

FORMAL MOTION - QUESTION BE PUT

MOVED Cr Hockley That the question be put.

SECONDED Cr Sanderson

7:12pm Pursuant to Section 73A(1)(a) Cr Tilley vacated the chamber for the vote as he had a material conflict for this motion.

Page 7: Minutes of Council - 11 May 2021

COUNCIL MINUTES

PAGE 3 11 MAY 2021

SUBSTANTIVE MOTION WAS PUT

MOVED Cr Christopoulos

1. That Council acknowledges the personal explanation from Councillor Tilley.

2. Given the personal explanation resolves to take no further action.

SECONDED Cr Kruse CARRIED

A DIVISION WAS CALLED BY COUNCILLOR CHRISTOPOULOS AND THE DECISION WAS SET ASIDE.

For the motion: Cr Bange, Cr Cheney, Cr Christopoulos, Cr Hockley, Cr Kruse, Cr McCarthy, Cr Moss, Cr Munro, Cr Sanderson, Cr Steele

Against the motion: Cr Todd

THE CHAIR DECLARED THE MOTION CARRIED

7:13pm Cr Tilley returned to the meeting after the vote.

1. ELECTED MEMBERS’ DECLARATIONS OF INTERESTS

7:13pm Pursuant to Section 74 of the Local Government Act 1999, Councillor McCarthy declared a perceived conflict of interest for Item 9.2 – Community Engagement on Apex Park and Hawthorndene Oval CLMP Reviews and Club Proposals for Hawthorndene Oval as he campaigned against the possible use of the club house and hours of alcohol service during the 2018 Local Government Elections and intends to remain in the meeting for this item to consider the matter on its merits. 7:14pm Councillor Tilley declared that he would leave the meeting and not participate in the debate and decision for 9.2 – Community Engagement on Apex Park and Hawthorndene Oval CLMP Reviews and Club Proposals for Hawthorndene Oval and Item 9.4 – Hawthorn Bowling Club Landlord Approval and Funding consideration for various facility upgrades to avoid breaches of the Assessment Panel Members – Code of Conduct adopted pursuant to Schedule 3 of the Planning, Development and Infrastructure Act 2016 (PDI Act). 7:15pm pursuant to Section 75A(1)(a) of the local Government Act 1999, Mayor Holmes-Ross declared a perceived conflict of interest for Item 9.8 – Manson Oval Car Parking Assessment as she lives in close proximity to Manson Oval and intends to stay in the chamber during discussion of this item and continue to Chair the meeting.

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COUNCIL MINUTES

PAGE 4 11 MAY 2021

2. CONFIRMATION OF MINUTES

2.1 FULL COUNCIL MEETING - 27 APRIL 2021

MOVED Cr Sanderson That the Minutes of the Full Council Meeting held on 27 April 2021 be confirmed.

SECONDED Cr Munro CARRIED

3. ADJOURNED MOTIONS

Nil

4. ADJOURNED BUSINESS

Nil

5. DEPUTATIONS

5.1 MR CRAIG DANIEL - HAWTHORNDENE OVAL Mr Craig Daniel from Hawthorndene was granted permission to address

Council concerning Item 9.2 – Community Engagement on Apex Park and Hawthorndene Oval CLMP Reviews and Club Proposals for Hawthorndene Oval.

7:22pm Leave of the meeting was sought and granted for Mr Daniel to continue speaking for an additional minute.

5.2 MS SHELLEY WILLIAMS - ADELAIDE MOUNTAIN BIKE CLUB

FUNDING Ms Shelley Williams from Craigburn Farm was granted permission to address

Council concerning Item 12.7 – Cr Andrew Tilley – Sponsorship of Adelaide Mountain Bike Club Event and took questions from Elected Members.

7:29pm Leave of the meeting was sought and granted for Ms Williams to continue speaking for an additional minute.

5.3 MR TOM MORRISON - CHARACTER AREA DPA Mr Tom Morrison from Belair was granted permission to address Council

concerning Item 9.1 – Special Residential Character Areas DPA – Endorsement and took questions from Elected Members.

7:38pm Leave of the meeting was sought and granted for Mr Morrison to continue speaking for an additional minute.

Page 9: Minutes of Council - 11 May 2021

COUNCIL MINUTES

PAGE 5 11 MAY 2021

5.4 MR GLEN ROSIE – HAWTHORNDENE OVAL Mr Glen Rosie from Coromandel Valley Ramblers Cricket Club was granted

permission to address Council concerning Item 9.2 – Community Engagement on Apex Park and Hawthorndene Oval CLMP Reviews and Club Proposals for Hawthorndene Oval and took questions from Elected Members.

7:50pm Cr Kruse left the meeting.

6. PRESENTATIONS

Nil

7. GALLERY QUESTION TIME

QUESTIONS FROM THE COUNCIL MEETING – 11 MAY 2021

7.1 MR ANDE LIM – HAWTHORNDENE OVAL AND APEX PARK Mr Ande Lim of Glenalta asked the following questions;

QUESTIONS

1. Were or will Kaurna Yerta Aboriginal Association be consulted on the 1.CLMP changes 2. The future Developments at Hawthorndene Oval / Apex Park ?

2. Is or will? Aboriginal historical and cultural heritage being respected, especially along Minno creek given its historical and cultural importance? Refer Kaurna Native Title 2018 and Belair Park Management Plan 2003: explains the likely transport route to the park from the plains.

ANSWERS To be provided in a future agenda.

7:51pm Cr Kruse returned to the meeting during this item.

8. PETITIONS

Nil

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COUNCIL MINUTES

PAGE 6 11 MAY 2021

9. DECISION REPORTS

9.1 SPECIAL RESIDENTIAL CHARACTER AREAS DPA - ENDORSEMENT Report Author/Manager: Ben Hignett / Alex Mackenzie General Manager: Craig Harrison (Meeting Date: 11 May 2021) (Location: Council Wide) (Consultant Used: $63,150.48)

DECISION 1 – ENDORSE AMENDMENTS TO THE CONSULTATION

VERSION OF THE SPECIAL RESIDENTIAL CHARACTER AREAS DEVELOPMENT PLAN AMENDMENT

MOVED Cr Bange

(1) Council notes that in making this decision it has considered issues

raised in written and verbal representations received for the draft Special Residential Character Areas Development Plan Amendment as well as advice provided by the Strategic Planning and Development Policy Committee from its meeting of 30 March 2021;

(2) That Council endorses the consultation version of the draft Special Residential Character Areas Development Plan Amendment without alteration.

(3) That any further investigation(s) into the potential for additional and/or expansions to special residential character areas form part of a future Code Amendment process rather than the current Development Plan Amendment process to ensure that these investigations are comprehensive, transparent and fair and so that the 19 June 2021 deadline for the submission of a final draft Special Residential Character Areas Development Plan Amendment to the Minister for Planning and Local Government can be met.

SECONDED Cr McCarthy FORMAL MOTION - QUESTION BE ADJOURNED

MOVED Cr Hockley That the question be adjourned until after 9pm. SECONDED Cr Bange CARRIED

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COUNCIL MINUTES

PAGE 7 11 MAY 2021

8:04pm Pursuant to Section 74 of the Local Government Act 1999, Councillor McCarthy re-declared a perceived conflict of interest for Item 9.2 – Community Engagement on Apex Park and Hawthorndene Oval CLMP Reviews and Club Proposals for Hawthorndene Oval as he campaigned against the possible use of the club house and hours of alcohol service during the 2018 Local Government Elections and intends to remained in the meeting. 8:04pm Councillor Tilley re-declared that he would not participate in the debate and decision for 9.2 – Community Engagement on Apex Park and Hawthorndene Oval CLMP Reviews and Club Proposals for Hawthorndene Oval to avoid breaches of the Assessment Panel Members – Code of Conduct adopted pursuant to Schedule 3 of the Planning, Development and Infrastructure Act 2016 (PDI Act) and left the meeting. 9.2 COMMUNITY ENGAGEMENT ON APEX PARK AND HAWTHORNDENE

OVAL CLMP REVIEWS AND CLUB PROPOSALS FOR HAWTHORNDENE OVAL Report Author/Manager: Hayley Ashworth & Stephanie Huntley / Anneke Polkamp General Manager: Craig Harrison (Meeting Date: 11 May 2021) (Location: The Park Ward) (Consultant Used: $18,000)

DECISION 1 – PROPOSED FACILITY, LIQUOR LICENCE,

LEASE/LICENCE FOR PROPOSED BUILDING. LICENCE FOR USE OF OVAL, CRICKET NETS

MOVED Cr Bange Facility - Changerooms, Storage, Public Toilets, deck and verandah – No multipurpose space, bar or canteen No approval for Liquor Licence/No Cricket Nets/Defer Lease/licence decision for facility/ 10 year licence for Clubs use of the oval for their existing use and Club able to seek additional weeknights a year which will be considered under existing Administration delegation 1. That Council notes the feedback received from the community in

Attachment F & G provided separately that can be viewed at https://www.mitchamcouncil.sa.gov.au/council/council-meetings/full-council and the letter from the Coromandel Valley Ramblers Cricket Club in Attachment I.

2. That Council endorse an operating cost of $15,000 to be reflected at Budget Review 3 for Administration to develop a plan/s for a shared-use flexible community / sporting facility and that the proposed facility includes the following:

➢ Two changerooms ➢ Storage area ➢ Umpires changeroom ➢ Community accessible public toilets which include a minimum

of two toilets and one DDA toilet (total of three)

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COUNCIL MINUTES

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➢ Deck/verandah ➢ Accessible access path to facility ➢ That the design includes environmental initiatives and

complements the surrounding natural environment. ➢ Facility is relocated from the current public toilet location and

relocated to the south western side of Hawthorndene Oval ➢ Facility footprint is an increase when compared to current

public toilet facility Council notes that this option will result in the Coromandel Valley Ramblers Cricket Club reducing their funding contribution. That once the design and costing is finalised a report is brought back to Council to consider providing landlord approval prior to progressing to the development application process. The design of the building should try to minimise its visual and environmental impacts upon the location, for example, as small a footprint as compatible with efficient and practical function; use of sympathetic colours and materials that blend with its surrounds; that it be screened, where practical, by appropriate vegetation; and additional planting be done to mitigate for vegetation requiring removal for the building construction.

3. Landlord approval for a liquor licence for a facility at Hawthorndene Oval is not provided, on the basis of the Clubs participation in community engagement activities and their desire to be part of the community, they are withdrawing their request for a liquor licence.

4. That Council defers a decision regarding a lease/licence being issued to the Coromandel Valley Ramblers Cricket Club for their use of the proposed building until a report is brought back to Council for their consideration of providing landlord approval for a facility at Hawthorndene Oval.

5. That Council endorses a 10-year licence being granted to the

Coromandel Valley Ramblers Cricket Club for their existing use of Hawthorndene Oval as per the following:

1 October – 31 March Saturday 12pm – 6pm Sunday 8.30am – 12.30pm.

That Council notes that the Club will seek approval for the occasional evenings for special activities e.g. introductory cricket, T20 games. These require separate approval from Council’s Administration under delegated authority. The Club will be required to advertise their hours of use on the Clubs website.

6. That the CLMP for Hawthorndene Oval excludes the provision for cricket nets.

SECONDED Cr Steele

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COUNCIL MINUTES

PAGE 9 11 MAY 2021

AMENDMENT MOVED Cr Kruse

Facility - Changerooms, Storage, Public Toilets, deck and verandah – No multipurpose space, bar or canteen No approval for Liquor Licence/No Cricket Nets/Defer Lease/licence decision for facility/ 10 year licence for Clubs use of the oval for their existing use and Club able to seek additional weeknights a year which will be considered under existing Administration delegation 1. That Council notes the feedback received from the community in

Attachment F & G provided separately that can be viewed at https://www.mitchamcouncil.sa.gov.au/council/council-meetings/full-council and the letter from the Coromandel Valley Ramblers Cricket Club in Attachment I.

2. That Council endorse an operating cost of $15,000 to be reflected at Budget Review 3 for Administration to develop a plan/s for a shared-use flexible community / sporting facility and that the proposed facility includes the following:

➢ Two changerooms ➢ Storage area ➢ Umpires changeroom ➢ Community accessible public toilets which include a minimum

of two toilets and one DDA toilet (total of three) ➢ Deck/verandah ➢ Accessible access path to facility ➢ That the design includes environmental initiatives and

complements the surrounding natural environment. ➢ Facility is relocated from the current public toilet location and

relocated to the south western side of Hawthorndene Oval ➢ Facility footprint is an increase when compared to current

public toilet facility ➢ Kitchenette

Council notes that this option will result in the Coromandel Valley Ramblers Cricket Club reducing their funding contribution. That once the design and costing is finalised a report is brought back to Council to consider providing landlord approval prior to progressing to the development application process. The design of the building should try to minimise its visual and environmental impacts upon the location, for example, as small a footprint as compatible with efficient and practical function; use of sympathetic colours and materials that blend with its surrounds; that it be screened, where practical, by appropriate vegetation; and additional planting be done to mitigate for vegetation requiring removal for the building construction

3. Landlord approval for a liquor licence for a facility at Hawthorndene Oval is not provided, on the basis of the Clubs participation in community

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COUNCIL MINUTES

PAGE 10 11 MAY 2021

engagement activities and their desire to be part of the community, they are withdrawing their request for a liquor licence.

4. That Council defers a decision regarding a lease/licence being issued to the Coromandel Valley Ramblers Cricket Club for their use of the proposed building until a report is brought back to Council for their consideration of providing landlord approval for a facility at Hawthorndene Oval.

5. That Council endorses a 10-year licence being granted to the

Coromandel Valley Ramblers Cricket Club for their existing use of Hawthorndene Oval as per the following:

1 October – 31 March Saturday 12pm – 6pm Sunday 8.30am – 12.30pm.

That Council notes that the Club will seek approval for the occasional evenings for special activities e.g. introductory cricket, T20 games. These require separate approval from Council’s Administration under delegated authority. The Club will be required to advertise their hours of use on the Clubs website.

6. That the CLMP for Hawthorndene Oval excludes the provision for cricket nets.

SECONDED Cr Moss LOST SUBSTANTIVE MOTION

MOVED Cr Bange

Facility - Changerooms, Storage, Public Toilets, deck and verandah – No multipurpose space, bar or canteen No approval for Liquor Licence/No Cricket Nets/Defer Lease/licence decision for facility/ 10 year licence for Clubs use of the oval for their existing use and Club able to seek additional weeknights a year which will be considered under existing Administration delegation 1. That Council notes the feedback received from the community in

Attachment F & G provided separately that can be viewed at https://www.mitchamcouncil.sa.gov.au/council/council-meetings/full-council and the letter from the Coromandel Valley Ramblers Cricket Club in Attachment I.

2. That Council endorse an operating cost of $15,000 to be reflected at Budget Review 3 for Administration to develop a plan/s for a shared-use flexible community / sporting facility and that the proposed facility includes the following:

➢ Two changerooms ➢ Storage area ➢ Umpires changeroom

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COUNCIL MINUTES

PAGE 11 11 MAY 2021

➢ Community accessible public toilets which include a minimum of two toilets and one DDA toilet (total of three)

➢ Deck/verandah ➢ Accessible access path to facility ➢ That the design includes environmental initiatives and

complements the surrounding natural environment. ➢ Facility is relocated from the current public toilet location and

relocated to the south western side of Hawthorndene Oval ➢ Facility footprint is an increase when compared to current

public toilet facility Council notes that this option will result in the Coromandel Valley Ramblers Cricket Club reducing their funding contribution. That once the design and costing is finalised a report is brought back to Council to consider providing landlord approval prior to progressing to the development application process. The design of the building should try to minimise its visual and environmental impacts upon the location, for example, as small a footprint as compatible with efficient and practical function; use of sympathetic colours and materials that blend with its surrounds; that it be screened, where practical, by appropriate vegetation; and additional planting be done to mitigate for vegetation requiring removal for the building construction.

3. Landlord approval for a liquor licence for a facility at Hawthorndene Oval is not provided, on the basis of the Clubs participation in community engagement activities and their desire to be part of the community, they are withdrawing their request for a liquor licence.

4. That Council defers a decision regarding a lease/licence being issued to the Coromandel Valley Ramblers Cricket Club for their use of the proposed building until a report is brought back to Council for their consideration of providing landlord approval for a facility at Hawthorndene Oval.

5. That Council endorses a 10-year licence being granted to the

Coromandel Valley Ramblers Cricket Club for their existing use of Hawthorndene Oval as per the following:

1 October – 31 March Saturday 12pm – 6pm Sunday 8.30am – 12.30pm.

That Council notes that the Club will seek approval for the occasional evenings for special activities e.g. introductory cricket, T20 games. These require separate approval from Council’s Administration under delegated authority. The Club will be required to advertise their hours of use on the Clubs website.

6. That the CLMP for Hawthorndene Oval excludes the provision for cricket nets.

SECONDED Cr Steele

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AMENDMENT

MOVED Cr McCarthy

Facility - Changerooms, Storage, Public Toilets, deck and verandah – No multipurpose space, bar or canteen No approval for Liquor Licence/No Cricket Nets/Defer Lease/licence decision for facility/ 10 year licence for Clubs use of the oval for their existing use and Club able to seek additional weeknights a year which will be considered under existing Administration delegation 1. That Council notes the feedback received from the community in

Attachment F & G provided separately that can be viewed at https://www.mitchamcouncil.sa.gov.au/council/council-meetings/full-council and the letter from the Coromandel Valley Ramblers Cricket Club in Attachment I.

2. That Council endorse an operating cost of $15,000 to be reflected at Budget Review 3 for Administration to develop a plan/s for a shared-use flexible community / sporting facility and that the proposed facility includes the following:

➢ Two changerooms ➢ Storage area ➢ Umpires changeroom ➢ Community accessible public toilets which include a minimum

of two toilets and one DDA toilet (total of three) ➢ Deck/verandah ➢ Accessible access path to facility ➢ That the design includes environmental initiatives and

complements the surrounding natural environment. ➢ Facility is relocated from the current public toilet location and

relocated to the south western side of Hawthorndene Oval ➢ Facility footprint is an increase when compared to current

public toilet facility Council notes that this option will result in the Coromandel Valley Ramblers Cricket Club reducing their funding contribution. That once the design and costing is finalised a report is brought back to Council to consider providing whether to provide landlord approval prior to progressing to the development application process. The design of the building should try to minimise its visual and environmental impacts upon the location, for example, as small a footprint as compatible with efficient and practical function; use of sympathetic colours and materials that blend with its surrounds; that it be screened, where practical, by appropriate vegetation; and additional planting be done to mitigate for vegetation requiring removal for the building construction.

3. Landlord approval for a liquor licence for a facility at Hawthorndene Oval is not provided., on the basis of the Clubs participation in community

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COUNCIL MINUTES

PAGE 13 11 MAY 2021

engagement activities and their desire to be part of the community, they are withdrawing their request for a liquor licence.

4. That Council defers a decision regarding a lease/licence being issued to

the Coromandel Valley Ramblers Cricket Club for their use of the proposed building until a report is brought back to Council for their consideration of providing landlord approval for a facility at Hawthorndene Oval under clause 2 above.

5. That Council endorses a 10-year licence being granted to the

Coromandel Valley Ramblers Cricket Club for their existing use of Hawthorndene Oval as per the following:

1 October – 31 March Saturday 12pm – 6pm Sunday 8.30am – 12.30pm.

That Council notes that the Club will seek approval for the occasional evenings for special activities e.g. introductory cricket, T20 games. These require separate approval from Council’s Administration under delegated authority. The Club will be required to advertise their hours of use on the Clubs website. Council requires Administration to advise it of when occasional evening use is greater than ten evenings per year between any 1 October and 31 March period.

6. That the CLMP for Hawthorndene Oval excludes the provision for cricket

nets. 7. Council endorse that going forward Council will consult on any

decisions similar to the above decisions regarding Hawthorndene Oval with the consultation to involve a process that notifies residents within 500 metres.

The amendment lapsed for want of a seconder.

8:33pm Leave of the meeting was sought and granted for Cr McCarthy to continue speaking.

SUBSTANTIVE MOTION

MOVED Cr Bange Facility - Changerooms, Storage, Public Toilets, deck and verandah – No multipurpose space, bar or canteen No approval for Liquor Licence/No Cricket Nets/Defer Lease/licence decision for facility/ 10 year licence for Clubs use of the oval for their existing use and Club able to seek additional weeknights a year which will be considered under existing Administration delegation 1. That Council notes the feedback received from the community in

Attachment F & G provided separately that can be viewed at

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COUNCIL MINUTES

PAGE 14 11 MAY 2021

https://www.mitchamcouncil.sa.gov.au/council/council-meetings/full-council and the letter from the Coromandel Valley Ramblers Cricket Club in Attachment I.

2. That Council endorse an operating cost of $15,000 to be reflected at Budget Review 3 for Administration to develop a plan/s for a shared-use flexible community / sporting facility and that the proposed facility includes the following:

➢ Two changerooms ➢ Storage area ➢ Umpires changeroom ➢ Community accessible public toilets which include a minimum

of two toilets and one DDA toilet (total of three) ➢ Deck/verandah ➢ Accessible access path to facility ➢ That the design includes environmental initiatives and

complements the surrounding natural environment. ➢ Facility is relocated from the current public toilet location and

relocated to the south western side of Hawthorndene Oval ➢ Facility footprint is an increase when compared to current

public toilet facility Council notes that this option will result in the Coromandel Valley Ramblers Cricket Club reducing their funding contribution. That once the design and costing is finalised a report is brought back to Council to consider providing landlord approval prior to progressing to the development application process. The design of the building should try to minimise its visual and environmental impacts upon the location, for example, as small a footprint as compatible with efficient and practical function; use of sympathetic colours and materials that blend with its surrounds; that it be screened, where practical, by appropriate vegetation; and additional planting be done to mitigate for vegetation requiring removal for the building construction.

3. Landlord approval for a liquor licence for a facility at Hawthorndene Oval is not provided, on the basis of the Clubs participation in community engagement activities and their desire to be part of the community, they are withdrawing their request for a liquor licence.

4. That Council defers a decision regarding a lease/licence being issued to the Coromandel Valley Ramblers Cricket Club for their use of the proposed building until a report is brought back to Council for their consideration of providing landlord approval for a facility at Hawthorndene Oval.

5. That Council endorses a 10-year licence being granted to the

Coromandel Valley Ramblers Cricket Club for their existing use of Hawthorndene Oval as per the following:

1 October – 31 March Saturday 12pm – 6pm Sunday 8.30am – 12.30pm.

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That Council notes that the Club will seek approval for the occasional evenings for special activities e.g. introductory cricket, T20 games. These require separate approval from Council’s Administration under delegated authority. The Club will be required to advertise their hours of use on the Clubs website.

6. That the CLMP for Hawthorndene Oval excludes the provision for cricket nets.

SECONDED Cr Steele CARRIED

Cr McCarthy voted against the motion.

A DIVISION WAS CALLED BY CR HOCKLEY AND THE DECISION WAS SET ASIDE.

For the motion: Cr Bange, Cr Cheney, Cr Christopoulos, Cr Hockley, Cr Kruse, Cr Moss, Cr Munro, Cr Sanderson, Cr Steele, Cr Todd

Against the motion: Cr McCarthy

THE CHAIR DECLARED THE MOTION CARRIED

DECISION 2 – COMMUNITY LAND MANAGEMENT PLANS

MOVED Cr Todd

1. That the item be deferred to enable further consultation with the

Kaurna Yerta Association and the Kaurna Nation Cultural Heritage Association and any other appropriate First Nations bodies.

2. This information be included in the report when it is brought back to

the Chamber.

SECONDED Cr Hockley LOST

A DIVISION WAS CALLED BY CR TODD AND THE DECISION WAS SET ASIDE.

For the motion: Cr Hockley, Cr McCarthy, Cr Todd

Against the motion: Cr Bange, Cr Cheney, Cr Christopoulos, Cr Kruse, Cr Moss, Cr Munro, Cr Sanderson, Cr Steele

THE CHAIR DECLARED THE MOTION LOST

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MOVED Cr Bange 1. That Council notes the feedback received from the community in relation

to possible amendments to the Hawthorndene Oval and Apex Park Community Land Management Plans in Attachment F & G provided separately that can be viewed at https://www.mitchamcouncil.sa.gov.au/council/council-meetings/full-council and the letter from the Coromandel Valley Ramblers Cricket Club in Attachment I.

2. Council endorse the Community Land Management Plan for Apex Park (Attachment A) with no amendments as a result of feedback from the community, including the location of a facility/public toilets as per Decision 1 subject to Administration being satisfied that appropriate consultation with the Kaurna Yerta Association, the Kaurna Nation Cultural Heritage Association and any other appropriate First Nations people has occurred.

3. Council endorse the Community Land Management Plan for Hawthorndene Oval (Attachment B) which incorporates the following amendments as a result of feedback from the community subject to Administration being satisfied that appropriate consultation with the Kaurna Yerta Association, the Kaurna Nation Cultural Heritage Association and any other appropriate First Nations people has occurred:

• Updated objective “To maintain Hawthorndene Oval as a sporting and recreation oval within the suburb of Hawthorndene with a mix and range of formal and informal uses.”

• Amended proposal “A facility be constructed on south western side of Hawthorndene Oval to meet relevant design and environmental standards.”

• In acknowledgment of the Clubs desire to work with the community the Club are no longer pursuing the installation of Cricket nets at Hawthorndene Oval therefore they are specifically excluded from the CLMP.

SECONDED Cr Todd VARIATION

9:17pm Leave of the meeting was sought and granted for Cr Bange as Mover

of the motion to speak again to vary the motion, with the consent of the seconder. The Mover with consent of the Seconder, sought and was granted leave of the meeting to vary the motion as follows;

MOVED Cr Bange 1. That Council notes the feedback received from the community in relation

to possible amendments to the Hawthorndene Oval and Apex Park Community Land Management Plans in Attachment F & G provided separately that can be viewed at

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https://www.mitchamcouncil.sa.gov.au/council/council-meetings/full-council and the letter from the Coromandel Valley Ramblers Cricket Club in Attachment I.

2. Council endorse the Community Land Management Plan for Apex Park (Attachment A) with no amendments as a result of feedback from the community, including the location of a facility/public toilets as per Decision 1 subject to Administration in consultation with the Mayor being satisfied that appropriate consultation with the Kaurna Yerta Association, the Kaurna Nation Cultural Heritage Association and any other appropriate First Nations people has occurred.

3. Council endorse the Community Land Management Plan for Hawthorndene Oval (Attachment B) which incorporates the following amendments as a result of feedback from the community subject to Administration in consultation with the Mayor being satisfied that appropriate consultation with the Kaurna Yerta Association, the Kaurna Nation Cultural Heritage Association and any other appropriate First Nations people has occurred:

• Updated objective “To maintain Hawthorndene Oval as a sporting and recreation oval within the suburb of Hawthorndene with a mix and range of formal and informal uses.”

• Amended proposal “A facility be constructed on south western side of Hawthorndene Oval to meet relevant design and environmental standards.”

• In acknowledgment of the Clubs desire to work with the community the Club are no longer pursuing the installation of Cricket nets at Hawthorndene Oval therefore they are specifically excluded from the CLMP.

SECONDED Cr Todd CARRIED

Cr McCarthy voted in favour of the motion as did the majority of Elected Members entitled to vote at the meeting.

9:19pm Cr Todd called a point of order on Cr Kruse for being disrespectful and in breach of the Code of Practice – Meeting Procedures Section 29 – Interruption of meetings by members. The Mayor ruled in favour of the point of order.

A DIVISION WAS CALLED BY CR HOCKLEY AND THE DECISION WAS SET ASIDE.

For the motion: Cr Bange, Cr Christopoulos, Cr Hockley, Cr McCarthy, Cr Munro, Cr Sanderson, Cr Steele, Cr Todd

Against the motion: Cr Cheney, Cr Kruse, Cr Moss

THE CHAIR DECLARED THE MOTION CARRIED

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ADJOURNMENT OF MEETING THE MEETING ADJOURNED AT 9:23 pm.

RESUMPTION OF MEETING THE MEETING RECONVENED AT 9:35pm.

9:35pm Cr Tilly returned to the meeting.

ADJOURNED MOTION This Item was adjourned from earlier in the meeting and has been resumed after 9pm. 9.1 SPECIAL RESIDENTIAL CHARACTER AREAS DPA - ENDORSEMENT

Report Author/Manager: Ben Hignett / Alex Mackenzie General Manager: Craig Harrison (Meeting Date: 11 May 2021) (Location: Council Wide) (Consultant Used: $63,150.48)

DECISION 1 – ENDORSE AMENDMENTS TO THE CONSULTATION

VERSION OF THE SPECIAL RESIDENTIAL CHARACTER AREAS DEVELOPMENT PLAN AMENDMENT

SUBSTANTIVE MOTION

MOVED Cr Bange

(1) Council notes that in making this decision it has considered issues

raised in written and verbal representations received for the draft Special Residential Character Areas Development Plan Amendment as well as advice provided by the Strategic Planning and Development Policy Committee from its meeting of 30 March 2021;

(2) That Council endorses the consultation version of the draft Special Residential Character Areas Development Plan Amendment without alteration.

(3) That any further investigation(s) into the potential for additional and/or expansions to special residential character areas form part of a future Code Amendment process rather than the current Development Plan Amendment process to ensure that these investigations are comprehensive, transparent and fair and so that the 19 June 2021 deadline for the submission of a final draft Special Residential Character Areas Development Plan Amendment to the Minister for Planning and Local Government can be met.

SECONDED Cr McCarthy

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FORMAL MOTION - QUESTION BE PUT

MOVED Cr Christopoulos That the question be put.

SECONDED Cr Todd CARRIED UNANIMOUSLY

SUBSTANTIVE MOTION WAS PUT

MOVED Cr Bange (1) Council notes that in making this decision it has considered issues raised

in written and verbal representations received for the draft Special Residential Character Areas Development Plan Amendment as well as advice provided by the Strategic Planning and Development Policy Committee from its meeting of 30 March 2021;

(2) That Council endorses the consultation version of the draft Special Residential Character Areas Development Plan Amendment without alteration.

(3) That any further investigation(s) into the potential for additional and/or expansions to special residential character areas form part of a future Code Amendment process rather than the current Development Plan Amendment process to ensure that these investigations are comprehensive, transparent and fair and so that the 19 June 2021 deadline for the submission of a final draft Special Residential Character Areas Development Plan Amendment to the Minister for Planning and Local Government can be met.

SECONDED Cr McCarthy LOST

EXTENSION OF MEETING

MOVED Cr Christopoulos

That the meeting be extended to 10:30pm

SECONDED Cr Hockley CARRIED UNANIMOUSLY MOVED Cr Bange

(1) Council notes that in making this decision it has considered issues

raised in written and verbal representations received for the draft Special Residential Character Areas Development Plan Amendment as well as advice provided by the Strategic Planning and Development Policy Committee from its meeting of 30 March 2021;

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(2) That Council endorses the following amendments to the consultation version of the draft Special Residential Character Areas Development Plan Amendment:

• Changes to Hills Character Policy Area 24: Amend and add to the expression of colours described in the Desired Character Statement so that it better articulates colours and tones that are not sought, and to provide some clearer direction for other colour options that incorporate lighter or paler mid-tones (4th paragraph). Amend PDC 4 to reflect the changed wording to the Desired Character Statement.

• Changes to Hills Character Policy Area 24: Add to the Desired Character Statement to stress the desirability for firefighting infrastructure to minimise its impact on the landscape as far as practical through placement, design and materiality / colour considerations that blend better within a landscaped setting (9th paragraph).

• Changes to Hills Character Policy Area 24: Reinstate existing minimum site areas for semi-detached and group dwellings In PDC 2, however retain part 2(b) of the PDC which seeks to limit the development of semi-detached and group dwellings in high bushfire risk areas.

• Changes to Plains Character Policy Area 22: Add to the Desired Character Statement referring to the acceptance of solid and high fencing where positioned along an arterial road so that it also incorporates a solid and high fence where adjacent to or running along a railway line (9th paragraph).

• Changes to Plains Character Policy Area 22: Amend PDC 5 to include provision for a 1 metre wide landscape strip on both sides of driveways.

(3) That any further investigation(s) into the potential for additional and/or expansions to special residential character areas form part of a future Code Amendment process rather than the current Development Plan Amendment process to ensure that these investigations are comprehensive, transparent and fair and so that the 19 June 2021 deadline for the submission of a final draft Special Residential Character Areas Development Plan Amendment to the Minister for Planning and Local Government can be met.

SECONDED Cr Kruse CARRIED

A DIVISION WAS CALLED BY CR KRUSE AND THE DECISION WAS SET ASIDE.

For the motion: Cr Bange, Cr Cheney, Cr Christopoulos, Cr Kruse, Cr McCarthy, Cr Munro, Cr Sanderson, Cr Steele, Cr Tilley, Cr Todd

Against the motion: Cr Hockley, Cr Moss

THE CHAIR DECLARED THE MOTION CARRIED

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DECISION 2 – LODGE DPA FOR APPROVAL

MOVED Cr Bange (1) That the administration prepares a report to the Minister pursuant to

Part 3 of the Planning, Development and Infrastructure (Transitional Provisions)(Code) Variation Regulations 2019 and Sections 25(13) and (14) of the Development Act 1993, and lodges the draft Special Residential Character Areas Development Plan Amendment, as altered and endorsed herein, together with information pursuant to Section 25(14) of the Development Act 1993, and Section 13 of the Development Regulations 2008, in the required format with the Minister for Planning and Local Government for approval.

(2) That Council delegates to the CEO the authority to:

(a) make any necessary alterations to the draft Special Residential Character Areas Development Plan Amendment through the approvals process, including where Council is instructed to do so by the Minister for Planning and Local Government; and

(b) make representations to the Minister for Planning and Local Government to seek to influence the final form that the Special Residential Character Areas DPA will take in its necessary transition into the Planning and Design Code

SECONDED Cr Tilley CARRIED UNANIMOUSLY

CHANGE TO ORDER OF BUSINESS MOVED Cr Christopoulos

That Item 12.7 – Cr Andrew Tilley – Sponsorship of Adelaide Mountain Bike Club Event be dealt with at this point.

SECONDED Cr Tilley CARRIED UNANIMOUSLY

10. MOTIONS ON NOTICE

12.7 CR ANDREW TILLEY - SPONSORSHIP OF ADELAIDE MOUNTAIN BIKE CLUB EVENT

MOVED Cr Tilley

1. That Council endorses $5,000 in one off sponsorship support to the

Adelaide Mountain Bike Club for the UCI (Union Cycliste Internationale) Category 2 Listing of their Tier 1 National XCO Race (Auscyling National Cup Gold Event) at Eagle Mountain Bike Park, Leawood Gardens, to be held Saturday 26 June 2021.

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2. That all promotional collateral, communications, social media and other event marketing for the Tier 1 National XCO Race (Auscyling National Cup Event) at Eagle Mountain Bike Park formally recognise and acknowledge the City of Mitcham’s sponsorship with ‘Supported by the City of Mitcham’, inclusion of the City of Mitcham logo and an opportunity for the Mayor to be quoted expressing support for the event on behalf of Council.

3. That Council notes that the sponsorship will not be reflected in this

year’s revised budget as a result of the timing of this decision.

SECONDED Cr Christopoulos CARRIED UNANIMOUSLY

11. DECISION REPORTS

9.3 2021/22 STATE BICYCLE FUND PROJECTS Report Author/Manager: Chris Haskas General Manager: Daniel Baker (Meeting Date: 11 May 2021) (Location: Council Wide) (Consultant Used: $Nil)

MOVED Cr Bange

That; 1. Council endorses a $50,000 contribution for progression of the Belair to

City Bikeway Stage 3A meeting the State Bicycle Fund eligibility requirements.

2. Council notes that this contribution will not be reflected in this year’s revised budget as a result of the timing of this decision and notes that the associated ongoing costs of $22,785 will be incorporated into next year’s (21/22) budget as a prior Council decision with an associated rate increase.

3. Pursuant to Section 38(1) of the Local Government Act 1999, the Council

authorises the Mayor and the Chief Executive Officer to sign and affix the Common Seal of the City of Mitcham to all documentation necessary to secure funding under the State Bicycle Fund.

4. Administration advise the Department for Infrastructure and Transport of

Council’s decision.

SECONDED Cr Steele 10:13pm Cr Hockley left the meeting and returned at 10:17pm during discussion of this item.

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FORMAL MOTION - QUESTION BE PUT

MOVED Cr Christopoulos That the question be put.

SECONDED Cr Steele CARRIED

SUBSTANTIVE MOTION WAS PUT

MOVED Cr Bange That; 1. Council endorses a $50,000 contribution for progression of the Belair to

City Bikeway Stage 3A meeting the State Bicycle Fund eligibility requirements.

2. Council notes that this contribution will not be reflected in this year’s revised budget as a result of the timing of this decision and notes that the associated ongoing costs of $22,785 will be incorporated into next year’s (21/22) budget as a prior Council decision with an associated rate increase.

3. Pursuant to Section 38(1) of the Local Government Act 1999, the Council

authorises the Mayor and the Chief Executive Officer to sign and affix the Common Seal of the City of Mitcham to all documentation necessary to secure funding under the State Bicycle Fund.

4. Administration advise the Department for Infrastructure and Transport of

Council’s decision.

SECONDED Cr Steele CARRIED

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10:18pm Councillor Tilley re-declared that he would not participate in the debate and decision for 9.4 – Hawthorn Bowling Club Landlord Approval and funding considerations for various facility upgrades to avoid breaches of the Assessment Panel Members – Code of Conduct adopted pursuant to Schedule 3 of the Planning, Development and Infrastructure Act 2016 (PDI Act) and left the meeting. 9.4 HAWTHORN BOWLING CLUB LANDLORD APPROVAL AND FUNDING

CONSIDERATION FOR VARIOUS FACILITY UPGRADES Report Author/Manager: Hayley Ashworth / Anneke Polkamp General Manager: Craig Harrison (Meeting Date: 11 May 2021) (Location: Gault Ward) (Consultant Used: $Nil)

DECISION 1 – LANDLORD APPROVAL AND OPERATING COSTS

MOVED Cr Moss

1. That Council provides landlord approval for the following projects:

➢ Installation of a shelter and concreting on the southern end of green A.

➢ Reconfiguration of the locker rooms to incorporate a first aid room

➢ Addition of a patio along the western side of the clubroom ➢ Replacement of LED Floodlighting on the existing eight (8)

towers

2. That assuming that the project scope remains unchanged, Council notes that the associated ongoing costs of $10,774 will be incorporated into next year’s (21/22) budget as a prior Council decision with an associated rate increase. Noting that this decision does not endorse a capital contribution and that is considered in Decision 2.

SECONDED Cr Cheney CARRIED UNANIMOUSLY

DECISION 2 – CAPITAL FUNDING CONSIDERATION

MOVED Cr Moss

1. That subject to Hawthorn Bowling Club contributing $50,000 and a successful grant application to Office for Recreation, Sport and Racing of $100,000, Council approves a once off capital contribution of $50,000 to be incorporated into next years (21/22) budget for the following projects at Hawthorn Bowling Club, Hawthorn:

➢ Installation of a shelter and concreting on the southern end of green A

➢ Reconfiguration of the locker rooms to incorporate a first aid room

➢ Addition of a patio along the western side of the clubroom ➢ Replacement of LED floodlighting on the existing eight (8)

towers

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2. Noting that this results in an increase in $10,774 operating costs to be

reflected at the first Budget Review scheduled following project delivery.

SECONDED Cr Cheney CARRIED UNNIMOUSLY

10:23pm Cr Tilley returned to the meeting. 9.5 MITCHAM ART ADVISORY GROUP (MAAG) PUBLIC ART GRANTS

ROUND 5 Report Author/Manager: Rebecca Olthoff / Ulus Fuat General Manager: Kate O'Neill (Meeting Date: 11 May 2021) (Location: Council Wide) (Consultant Used: $Nil)

MOVED Cr Todd

1. That Council award a Public Art Grant to the Mural by Matthew Fortrose project to be located on the Clubhouse at Naomi Reserve, Pasadena to the value of $6,800 (excluding GST).

2. That the artist work with the Pasadena Tennis club to make the design and colours connected to the club.

SECONDED Cr Munro CARRIED

9.6 2021/22 OPERATING PROJECTS Report Author/Manager: Alice Ralph & Dan Jellings / Dan Jellings General Manager: Wade Reynolds (Meeting Date: 11 May 2021) (Location: Council Wide) (Consultant Used: $Nil)

DECISION 1 – OPERATING PROJECTS FUNDING FRAMEWORK

MOVED Cr Kruse

That Council gives Administration delegation to use $200,000 (indexed) from the operating project budget allocation each year, to enable the delivery of ‘good governance’ projects that are efficiency and effectiveness focussed, legally required, and/or that are required to ensure existing services are sustainable; and that Administration will report on this expenditure quarterly and make available any surplus for re-allocation throughout the financial year.

SECONDED Cr McCarthy

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AMENDMENT

MOVED Cr Todd That Council gives Administration delegation to use $200,000 (indexed) from the operating project budget allocation in the financial year 21/22, to enable the delivery of ‘good governance’ projects that are efficiency and effectiveness focussed, legally required, and/or that are required to ensure existing services are sustainable; and that Administration will report on this expenditure quarterly and make available any surplus for re-allocation throughout the financial year. The Mayor did not allow the amendment.

SUBSTANTIVE MOTION

MOVED Cr Kruse That Council gives Administration delegation to use $200,000 (indexed) from the operating project budget allocation each year, to enable the delivery of ‘good governance’ projects that are efficiency and effectiveness focussed, legally required, and/or that are required to ensure existing services are sustainable; and that Administration will report on this expenditure quarterly and make available any surplus for re-allocation throughout the financial year.

SECONDED Cr McCarthy

FORMAL MOTION - QUESTION BE PUT MOVED Cr Munro That the question be put.

SECONDED Cr McCarthy CARRIED

SUBSTANTIVE MOTION WAS PUT

MOVED Cr Kruse That Council gives Administration delegation to use $200,000 (indexed) from the operating project budget allocation each year, to enable the delivery of ‘good governance’ projects that are efficiency and effectiveness focussed, legally required, and/or that are required to ensure existing services are sustainable; and that Administration will report on this expenditure quarterly and make available any surplus for re-allocation throughout the financial year.

SECONDED Cr McCarthy LOST

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EXTENSION OF MEETING

MOVED Cr Todd The meeting be extended to complete Decision 1 of Item 9.6 – 2021/22 Operating Projects.

SECONDED Cr Bange LOST

CLOSE: The meeting closed at 10:41pm.