council meeting minutes of the corporation of the city of · pdf file ·...

(This is page 1 of the Council Minutes for 24 August 2015) ** Denotes change

COUNCIL MEETING

Minutes of the Corporation of the City of Unley Held on Monday 24 August 2015 at 7.00 pm

Council Chambers, 181 Unley Road Unley

PRESENT

Mayor Lachlan Clyne, Presiding Member Councillors M Hudson J Koumi

A Lapidge P Hughes R Sangster M Rabbitt

M Hewitson R Salaman R Schnell L Smolucha J Boisvert D Palmer

OFFICERS PRESENT

Chief Executive Officer, Mr P Tsokas

General Manager Community, Ms M Berghuis General Manager Corporate Services, Mr S Faulkner

General Manager Assets & Sustainability, Mr J Devine Manager Governance & Risk, Ms R Wilson Executive Assistant to the CEO & Mayor, Ms C Gowland

Manager Assets, Mr B Curtis Manager Finance & ICT, Mr M Carey

Manager Community Development, Ms M Smith Manager Transport & Traffic, Mr S Gandhi Manager Mktg, Comms & Customer Service, Ms A Shinkfield

ACKNOWLEDGEMENT

The Presiding Member opened the meeting with the Kaurna Acknowledgement.

PRAYER AND SERVICE ACKNOWLEDGEMENT

Members stood in silence in memory of those who had made the Supreme sacrifice

in the service of their country, at sea, on land and in the air. WELCOME

The Presiding Member welcomed Members of Council, Senior Staff, members of the gallery and the media to the 24 August 2015, meeting of the Unley City Council.


APOLOGIES

Nil

CONFLICT OF INTEREST

Nil

ITEM 210 CONFIRMATION OF MINUTES

MOVED Councillor Schnell

SECONDED Councillor Palmer That:

The minutes of the Council Meeting held on Monday 27 July 2015, as printed and

circulated, be taken as read and signed as a correct record.

CARRIED UNANIMOUSLY

DEFERRED / ADJOURNED ITEMS

Nil

PETITION

Nil

ITEM 243 DEPUTATIONS

Ms Roz Daniell of Forestville – re Forestville LATM

The public consultation considered three possible options for ameliorating the problem of rat runners displaced by the speed cushions on Leah Street into First and Second Avenues and Everard Terrace. The decision report by Council staff

recommends that instead of one of these options being implemented, left turn bans be introduced from Leah Street during peak hour. However, the majority of

respondents to the public consultation want measures implemented to deal with the problems caused by the Leah Street speed cushions. The left turn bans are not such a measure. This deputation will address the options which have been put to Council

on this matter.


CHANGE TO ORDER OF AGENDA

The Mayor advised the Council that he thought the meeting would benefit from a change to the order of the agenda, by bringing Item 214 forward as it was referred to

in the deputation. This was agreed with a two thirds majority.

ITEM 214

FORESTVILLE AND EVERARD PARK LATM

MOVED Councillor Salaman

SECONDED Councillor Koumi

That: 1. The report be received

2. A trial of AM peak period turning restrictions from Leah Street into Norman

and Everard Terraces between the hours of 8am to 9am, Monday to Friday, is endorsed for a trial of up to six months.

3. Investigations and designs be undertaken to create a ‘shared street’ environment in Norman Terrace, east of Leah Street with works to be undertaken later in 2015/16.

4. Leader Street improvements incorporating traffic / parking lane markings and

kerb build outs at intersections be undertaken as part of the scheduled road reseal program in 2016/17.

5. A further report be presented to Council on the effectiveness of the AM peak, after the conclusion of the trial.

6. The community consulted on the matter be notified of the Council’s decision.

Councillor Schnell MOVED as an AMENDMENT, SECONDED Councillor Hughes,

That:

1. The report be received. 2. Investigations and designs be undertaken to create a ‘shared street’

environment in Norman Terrace, east of Leah Street with works to be undertaken later in 2015/16.

3. Leader Street improvements incorporating traffic / parking lane markings and

kerb build outs at intersections be undertaken as part of the scheduled road

reseal program in 2016/17.


ITEM 214 FORESTVILLE AND EVERARD PARK LATM – Cont’d

4. The recommendation of a trial of up to six months of AM peak period turning

restrictions from Leah Street into Norman and Everard Terraces between the hours of 8am to 9am, Monday to Friday, (excluding bicycles) be considered by Council for endorsement after the feedback is received from further

consultation with the community in the LATM area.

5. The community consulted on the matter be notified of the Council’s decision.

The amendment was put and LOST

The original MOTION was put and CARRIED

A Division was called and the previous decision set aside.

DIVISION

Those voting in the affirmative:

Councillors Palmer, Boisvert, Salaman, Hewitson, Hudson, Koumi, Hughes, Lapidge

and Rabbitt. Those voting in the negative:

Councillors Schnell, Sangster and Smolucha.

The MOTION was declared CARRIED

ITEM 211 BROWN HILL KESWICK CREEK STORMWATER MANAGEMENT PLAN PART B PUBLIC CONSULTATION REPORT

MOVED Councillor Rabbitt

SECONDED Councillor Sangster That:

1. Council receives the report titled "Consultation findings on the Brown Hill

Keswick Creek Stormwater Project: Part B Report" dated August 2015 from the Brown Hill Keswick Creek Stormwater Project Group provided under separate cover to this Council report.


ITEM 211 BROWN HILL KESWICK CREEK STORMWATER MANAGEMENT PLAN PART B

PUBLIC CONSULTATION REPORT – Cont’d

2. Council notes that the Consultation Findings report makes no recommendations related to the project, but provides a comprehensive

summary of the feedback received during the May/June 2015 consultation process.

3. Council notes that the Project on behalf of the five councils (Adelaide, Burnside,

Mitcham, Unley and West Torrens) and to meet its obligations under the most

recent Notice from the Stormwater Management Authority to prepare a revised Stormwater Management Plan in respect of the Brown Hill and Keswick Creek

Catchments by 30 September 2015, requires each Council to pass a resolution on the preferred solution for that Council on the Part B works during their respective September 2015 meeting cycles.

CARRIED UNANIMOUSLY

ITEM 212 RESILIENT EAST INTEGRATED VULNERABILITY ASSESSMENT

MOVED Councillor Hughes SECONDED Councillor Schnell

That:

1. The report be received.

2. Council endorses the Resilient East Integrated Vulnerability Assessment (IVA) report and the outcomes of the IVA.

3. Council notes that the IVA will form the basis for the development of the Resilient East Climate Change Adaptation Plan.

CARRIED UNANIMOUSLY


ITEM 213 REVOCATION OF COMMUNITY LAND CLASSIFICATION AND PROPOSED

DISPOSAL OF LAND – LOT 502 DOVER STREET MALVERN

MOVED Councillor Rabbitt SECONDED Councillor Sangster

That:


2. Council proceed to undertake further Public Consultation regarding the

revocation of Community Land Status on the land identified as Allotment 502 within Filed Plan 34815 in the area named Malvern, CT 5381/56 as a pre-

curser to the sale of the portion of land to the owner of 1 Dover Street Malvern.

CARRIED

ITEM 214 FORESTVILLE AND EVERARD PARK LATM

See Page 3 of these Minutes.

ITEM 215 COUNCIL SEAL FOR FUNDING DEED (DPTI – BLACK SPOT FUNDING)

MOVED Councillor Hughes

SECONDED Councillor Boisvert That:


2. Council gives approval for the Mayor and Chief Executive Officer to affix the

Council Seal to formalise the attached Funding Deed for the 2015-16 Black

Spot Program funding to undertake the proposed safety upgrade at the Fisher Street/ Duthy Street signalised intersection.

CARRIED UNANIMOUSLY


ITEM 216 ** PRELIMINARY YEAR END FINANCIAL REPORT – JUNE 2015


SECONDED Councillor Smolucha

That:


2. Carry forward projects from 2014-15 totalling a net amount of $1.129m

(Attachment 8 to Item 216/15) be approved.

3. A further request to carry forward $20k from 2014-15 Cost Centre 1490

Development & Compliance (Heritage Conservation Fund underspend) to provide funding to the Capri Cinema to undertake conservation works in 2015-16 be approved.

4. A grant agreement be negotiated with the Capri Cinema for Council to provide

$20k for conservation works in 2015-16. 5. The 2015-16 budget variations as summarised in the Proposed Funding

Statement (Attachment 9 to Item 216/15) for the year ending 30 June 2016 be updated for the additional $20k carried forward for conservation works and be

approved. 6. Council notes the revised Budget Operating Funding Surplus of $21k before

Capital Revenue and revised Net Borrowings of $4.329m for the 2015-16 Financial Year.

CARRIED UNANIMOUSLY

ITEM 217 COMPLAINTS HANDLING PROCEDURE UNDER COUNCIL MEMBERS’ CODE OF CONDUCT

MOVED Councillor Boisvert

SECONDED Councillor Salaman That:


2. The Complaints Handling Procedure under Council Members’ Code of

Conduct as attached (Attachment 1 to Item 217/15) be endorsed.

CARRIED UNANIMOUSLY


ITEM 218

SECTION 270 INTERNAL REVIEW REQUESTS ANNUAL SUMMARY

MOVED Councillor Salaman SECONDED Councillor Hudson

That:


CARRIED UNANIMOUSLY

ITEM 219 ** LGA WORKERS COMPENSATION SCHEME BOARD – NOMINATION

MOVED Councillor Lapidge



CARRIED UNANIMOUSLY

ITEM 220 ** LGA MUTUAL LIABILITY SCHEME BOARD – NOMINATION

MOVED Councillor Salaman SECONDED Councillor Schnell

That:


CARRIED UNANIMOUSLY


ITEM 221 ** LGA ANNUAL GENERAL MEETING – CALL FOR NOMINATIONS

MOVED Councillor Hughes

SECONDED Councillor Hudson That:


2. The following Notice(s) of Motion be submitted for the 2015 Local

Government Association Annual General Meeting:

“We propose that candidates at Local Government Council elections can

stand for both mayoral and council member positions simultaneously. ”

The MOTION was put and LOST

A Division was called and the previous decision set aside

Those voting in the affirmative:

Councillors Smolucha, Hudson, Hughes, Lapidge, Sangster, Rabbitt and Mayor

Clyne. Those voting in the negative:

Councillors Schnell, Palmer, Boisvert, Salaman, Hewitson and Koumi

The MOTION was declared LOST

MOVED Councillor Boisvert SECONDED Councillor Palmer

That:


CARRIED

Councillor Smolucha left the meeting at 8.13pm returning at 8.16pm during discussion on the above Item.


ITEM 222 BATTLE OF POZIERES CENTENARY


SECONDED Councillor Hewitson That:


2. Council approve in principle for the Mayor to represent the City of Unley, in

light of the Council’s Historical Partnership with Pozières, in France and

Belgium in July 2016, for the centenary commemorations of the Battle of Pozières and approve associated travel costs.

3. Council approve in principle to provide financial support to Unley students

going to France for the centenary commemorations to submit an expression

of interest for joining the Mayor for the centenary commemorations in Pozières and that Council provide a grant of up to a total of $1,000 towards

their travel costs

FORMAL MOTION

MOVED Councillor Boisvert SECONDED Councillor Palmer

That the matter be deferred until the September meeting of Council to provide further information to Council.

CARRIED

ITEM 223

QUARTERLY REPORT – CENTENNIAL PARK CEMETERY AUTHORITY


SECONDED Councillor Palmer

That: 1. The report be received.

CARRIED UNANIMOUSLY


ITEM 224 COUNCIL ACTION RECORDS

MOVED Councillor Salaman

SECONDED Councillor Hewitson That:


CARRIED UNANIMOUSLY

ITEM 225 QUESTIONS ON NOTICE FROM COUNCILLOR HUDSON RE LOCAL GOVERNMENT ASSOCIATION

The following Questions on Notice have been received from Councillor Hudson and

the answers are provided: Questions

1. How long has Unley Council been a member of the LGA?

Answer

Information received from the LGA advises that the City of Unley has been a member of the LGA, at least since the last major restructuring in 1968.

2. Other than Marion, are there any councils who are NOT members?

Answer

Not that the Administration is aware of. 3. Is the Administration aware of any other existing/participating councils

contemplating following Marion’s withdrawal?

Answer The Administration is unaware of any other councils.

4. What is the annual cost to Unley, at present, of membership?

Answer

The annual cost of Council’s membership is $51,190 (excluding GST).


5. Is administration able to quantify the financial benefits Unley has received as a result of its membership?

Answer

The total benefits received by Council for 2014/15 were approximately $2.4m and these are made up of:

Representation

Pensioner Concessions Campaign

Supplementary Road Funding campaign

FAGS campaign

Library Funding Agreement

Planning Reform

Local Government Act review

Housing Trust stock transfer

Premier’s Local Government Forum

Wage Case Awards – SA Industrial Commission

ALGA/CoAG – Federation White Paper/Tax Review

R2R incr + Fuel Excise

Leadership Council Members’ Guide

Meeting Procedures Handbook

Candidates’ Website

Financial Sustainability resources/templates

Council of the Future Initiative

Local Government Governance Panel

ICAC Information papers

Procurement Guidelines

Climate Change work

LGA Delegations Templates

Gifts and Benefits Guidelines for Council Members

LGA Showcase / OGM & Conference/AGM

Volunteer Strategy

Child Protection Guidelines

Native Title – Kaurna ILUA support

Public Education 2014 LG Elections Promotion

2012/13 Careers in Council

School Education kit/site

LGA website

Media Liaison

Governance/Value Add Services/Enterprises Library One Card Network

Unity Website system

LGA Procurement

LGA Mutual Liability Scheme

LGA Workers Compensation Scheme

LGA Asset Mutual Fund

Statewide Super

Local Government Finance Authority

Education and Training Services


QUESTIONS WITHOUT NOTICE

Nil

ITEM 226 CORRESPONDENCE

The correspondence from

President of the LGA re Planning Reform

be noted.

RECOMMENDATIONS ADOPTED EN BLOC

MOVED Councillor Palmer

SECONDED Councillor Salaman That:

Items 227 - 229 inclusive, be adopted en bloc.

ITEM 227

MAYOR’S REPORT

That: 1. The report be received.

ITEM 228 DEPUTY MAYOR’S REPORT

That:


ITEM 229 REPORTS OF MEMBERS

That:

Council to note the attached reports from Members

1. Councillor Rabbitt


2. Councillor Hudson 3. Councillor Palmer

4. Councillor Hughes 5. Councillor Hewitson

CARRIED UNANIMOUSLY

ITEM 230 ** MOTION ON NOTICE FROM COUNCILLOR HUDSON RE FOOTPATHS ANDERSON STREET

MOVED Councillor Hudson

SECONDED Councillor Sangster That the footpath treatment in Anderson Street be brought up to the current budget.

The MOTION was put and LOST

MOVED Councillor Koumi

SECONDED Councillor Hewitson

That: A shared zone concept be developed for community consultation with residents of

Anderson Street and a report be brought back to Council in late 2015.

Councillor Schnell, MOVED as an AMENDMENT That:

A shared zone concept and other options, be developed for community consultation

with residents of Anderson Street and a report be brought back to Council in late 2015.

The AMENDMENT LAPSED for want of a Seconder

The MOTION of Councillor Koumi put and CARRIED


ITEM 231 CONFIDENTIALITY MOTION FOR ITEM 232 – GOODWOOD COMMUNITY

CENTRE FUTURE MANAGEMENT MODEL

MOVED Councillor Schnell SECONDED Councillor Palmer

That:

1. Pursuant to Section 90(2) and 90(3)(b) of the Local Government Act 1999, the Council orders the public be excluded with the exception of the following:

Mr P Tsokas, Chief Executive Officer Ms M Berghuis, General Manager Community

Mr J Devine, General Manager Assets and Environment Mr S Faulkner, General Manager Corporate Services Mr D Litchfield, General Manager Economic Development and Planning

Ms R Wilson, Manager Governance and Risk Ms C Gowland, Executive Assistant to CEO and Mayor

Ms M Smith, Manager Community Development on the basis that it will receive and consider the report and attachments on the

Goodwood Community Centre Future Management Model and that the Council is satisfied that the meeting should be conducted in a place open to the public

has been outweighed in relation to this matter on the grounds that they contain: (b) information the disclosure of which—

(i) 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) would, on balance, be contrary to the public interest;

CARRIED UNANIMOUSLY

The doors to the Council Chambers were closed at 8.58pm.

Councillor Hudson left the meeting at 8.58pm after discussion on the above Item.

Councillor Sangster left the meeting at 8.59pm after discussion on the above Item.


CONFIDENTIAL

ITEM 232 GOODWOOD COMMUNITY CENTRE FUTURE MANAGEMENT MODEL


ITEM 233 CONFIDENTIALITY MOTION TO REMAIN IN CONFIDENCE – ITEM 232 –

GOODWOOD COMMUNITY CENTRE FUTURE MANAGEMENT MODEL


That:

1. The report be received. 2. Pursuant to Section 90(2) and 90(3)(b) of the Local Government Act 1999:

2.1 The –

Minutes

Report

Attachments

remain confidential on the basis that the information supplied is

commercial information of a confidential nature and the disclosure of which may confer a commercial advantage to a third party and would, on

balance, be contrary to the public interest.

2.2 The minutes, report and attachment be kept confidential until the item is

revoked by the Chief Executive Officer.

CARRIED

The doors to the Council Chambers were opened at 9.03pm.


ITEM 234 CONFIDENTIALITY MOTION FOR ITEM 235 – DAMAGE TO FLOODED GUM


SECONDED Councillor Rabbitt That:

1. Pursuant to Section 90(2) and (3)(f) of the Local Government Act 1999 the

Council orders the public be excluded, with the exception of the following: Mr P Tsokas, Chief Executive Officer

Mr D Litchfield, General Manager Economic Development & Planning Mr J Devine, General Manager Assets and Environment

Mr S Faulkner, General Manager Corporate Services Ms M Berghuis, General Manager Community Ms R Wilson, Manager Governance and Risk

Ms C Gowland, Executive Assistant to CEO and Mayor

on the basis that it will receive and consider a report on trees, and that the Council is satisfied that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because:

(f) information the disclosure of which could reasonably be expected to

prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial.

It would be in the best interest of Council to consider this matter in confidence.

CARRIED



CONFIDENTIAL


ITEM 236

CONFIDENTIALITY MOTION TO REMAIN IN CONFIDENCE – ITEM 235 – DAMAGE TO FLOODED GUM


That:


2. Pursuant to Section 91(7) and (3)(f) of the Local Government Act:

2.1 The Minutes

Report

Attachments

remain confidential on the basis that the information contained in this report contains information which could reasonably be expected to

prejudice the maintenance of law, and 2.2 the minutes, report and attachments will be kept confidential until the

item is revoked by the Chief Executive Officer.

CARRIED UNANIMOUSLY



ITEM 237 CONFIDENTIALITY MOTION FOR ITEM 238 – STRATEGIC LAND ACQUISITION


SECONDED Councillor Palmer That:

1. Pursuant to Section 90(2) and (3)(b) of the Local Government Act 1999 the


Mr D Litchfield, General Manager Economic Development & Planning Mr J Devine, General Manager Assets and Environment

Mr S Faulkner, General Manager Corporate Services Ms M Berghuis, General Manager Community Ms R Wilson, Manager Governance and Risk


on the basis that it will receive and consider the report on strategic land acquisition, and that the Council is satisfied that the meeting should be conducted in a place open to the public has been outweighed in relation to this

matter because:

(a) information the disclosure of which

(i) 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) would, on balance, be contrary to the public interest.

because, information contained in this report relates to the acquisition of property and should not be made available at this time. It would be in the best

interest of Council to consider this matter in confidence.

CARRIED UNANIMOUSLY



CONFIDENTIAL

ITEM 238 STRATEGIC LAND ACQUISITION


ITEM 239 CONFIDENTIALTIY MOTION TO REMAIN IN CONFIDENCE – ITEM 238 –

STRATEGIC LAND ACQUISITION

MOVED Councillor Schnell SECONDED Councillor Hudson


2. Pursuant to Section 91(7) and (3)(b) of the Local Government Act:

2.2 The

Minutes

Report

remain confidential on the basis that the information contained in this report details information which could confer a commercial advantage,

or prejudice the commercial position of the council, and 2.2 the minutes and report will be kept confidential until the item is revoked

by the Chief Executive Officer.

CARRIED


Councillors Palmer and Salaman left the meeting at 9.48pm returning at 9.50pm

during discussion on the above Item.


ITEM 240 CONFIDENTIALITY MOTION FOR ITEM 241 – CEO CONTRACT

MOVED Councillor Rabbitt


1. Pursuant to Section 90(2) and (3)(a) of the Local Government Act 1999 the



on the basis that it will receive and consider the report on the CEO’s contract, and that the Council is satisfied that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter

because:

(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

because, information contained in this report relates to an individual employee

of Council and should not be made available at this time. It would be in the best interest of Council to consider this matter in confidence.

CARRIED UNANIMOUSLY

The doors to the Council Chambers were closed at 9.51 pm.


CONFIDENTIAL

ITEM 241

CEO CONTRACT


CONFIDENTIAL

ITEM 241

CEO CONTRACT – Cont’d


ITEM 242 CONFIDENTIALITY MOTION TO REMAIN IN CONFIDENCE – ITEM 241 – CEO

CONTRACT


That:

1. The report be received. 2. Pursuant to Section 91(7) and (9) of the Local Government Act:

2.3 The

Minutes

Report

Attachment

remain confidential on the basis that the information contained in this

report details information concerning the personal affairs of an employee, and

2.2 the minutes, report and attachments will be kept confidential until the

item is revoked by the Chief Executive Officer.

CARRIED UNANIMOUSLY



NEXT MEETING

28 September 2015 – 7.00pm – Council Chambers.

CLOSURE

The Presiding Member closed the meeting at 10.36pm.

………………………….. PRESIDING MEMBER

…………………………

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