council meeting minutes - home - city of burnside · 2016-05-13 · opening prayer . the mayor read...

Council Minutes 10 May 2016

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Council Meeting

Minutes

10 May 2016 at 7.00 pm Council Chamber, 401 Greenhill Road, Tusmore

Members Present: Mayor David Parkin Councillors Bagster, Bills, Davey, Davis, Ford, Lemon, Monceaux, Osterstock, Piggott and Wilkins

Staff Present: Paul Deb, Chief Executive Officer

Louise Miller-Frost, General Manager Community and Development Services Martin Cooper, General Manager Corporate Services Barry Cant, Acting General Manager, Urban Services

Opening Prayer The Mayor read the opening prayer. The Mayor acknowledged those who gave their life for this Country and also acknowledged the Traditional Owners. Evacuation Procedure The Mayor read the evacuation procedure. Recording of Council Meetings The Mayor advised that the Council meeting is recorded. Apologies Nil Leave of Absence Councillors Cornish and Lord


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Confirmation of Minutes Councillor Osterstock moved:

C10633 That the Minutes of the meeting of Council held on 26 April 2016 be taken as read and confirmed. Seconded by Councillor Wilkins CARRIED Mayor’s Report Councillor Osterstock moved:

C10634 That the Mayor’s report be received. Seconded by Councillor Monceaux CARRIED Reports of Members, Delegates and Working Parties Councillor Monceaux attended the Eastern Health Authority Board meeting on 27 April 2016, the Garden Awards Ceremony on 5 May, undertook the Burnside Retirement Services Inc. bank authorisations on 5 May, attended the Pineview Residents Annual General Meeting on 6 May and the Regional Public Health Workshop on May 9. Councillor Ford inspected the Legal Services Register on 5 May 2016. Councillor Davey attended the Burnside War Memorial Hospital Board meeting on 27 April 2016, the Garden Awards presentations on 5 May 2016 and the launch of the Beulah Park Historical Walk at Clayton Church on 8 May. Councillor Lemon attended the CEO Recruitment, Performance, Appraisal and Remuneration Review Committee on 2 May 2016. Councillor Wilkins attended the Garden Awards Ceremony on 5 May 2016 and the Pineview Residents Annual General Meeting on 6 May. Deputations Nil Petitions Nil


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Questions on Notice 10 Questions on Notice

10.1 Communications with State and Federal Government Authorities

Councillor Davey asked the following Questions on Notice:

1. What system is in place for Council to be advised of and manage any projects or works by government agencies/authorities eg telecommunications, ERA, gas, electricity, water on or through Council managed land eg in particular parks and reserves, roundabouts, verges, footpaths & roadways? The Administration receives a program from authorities for their proposed works. The Administration also receives notice from all authorities before they undertake work through ‘Dial Before You Dig’. Other authorities will also provide forward notice of upcoming works within the City of Burnside as a matter of courtesy. The Administration will review these to ensure compliance with Council standards and seek rectification if it is able to do so.

2. How does Council administration ensure that any such work is

undertaken safely & efficiently with minimal disruption to residents and business operators?

It is the responsibility of the authority undertaking the work to ensure public safety is maintained and any affected residents and businesses are notified throughout their construction.

3. What quality assurance is undertaken by Council to ensure that

the Council property that has been utilised for access and storage of equipment, spoil or soil is reinstated or remediated to it’s previous condition once this work is completed?

The Administration liaises with authorities undertaking work in an effort to ensure remediation occurs promptly.

4. In respect of contractors hired by Council eg for excavation

work, installation & repair of footpath paving or by ERA Waterproofing East Adelaide for pipeline excavation & installation, what quality assurance is undertaken by Council administration to ensure that any work is undertaken safely, with minimal disruption to residents and business operators & that any verges, gardens, reserves, streets are reinstated to their previous form as soon as the work is completed, and maintained if necessary in the case of re establishing lawns/grass?

Contractors engaged by the Administration enter into a formal agreement that ensures all relevant insurances and systems are in place (including the relevant risk management and safe work method practices). Any public notification requirement is also undertaken in consultation with the Administration. In addition, the contract signed between Council and the contractor has clauses within it which includes contractors’


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obligations towards environmental management. Within this section, the Administration makes specific reference to minimisation of disruption to residents. With regards to re-establishing lawns etc, the contract also stipulates that it is the contractors responsibility to repair any damage undone to lawns/grass within the Council verge.

5. Have any monies/costs been recovered by Burnside Council

from any agency or body who has not carried out the appropriate reinstatement work or restoration necessary after access has been provided for them to carry out their projects? If so, how much in this Financial year?

The Administration is not aware of any previous cost recovery, and no costs have been recovered during the current financial year. Standard practice is to ensure that the appropriate reinstatement takes place by the responsible party, at their cost.

10.2 Efficiency and Management Report

Councillor Ford asked the following question on notice: What measures indicated by the BRM Holdich report provided in January 2016 about Efficiency and Management are being implemented, apart from increased rates applied to vacant land? While a generic presentation of the Efficiency and Effectiveness Report, prepared by BRM Holdich, has been provided to Council, the final report will be presented to Council at the 24 May 2016 Council meeting for adoption, at which time, the Council will be able to determine which recommendations it wishes to pursue.

Motions on Notice Nil Questions without Notice Nil


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Motions without Notice Elections Signs Councillor Lemon moved:

C10635 That the Chief Executive Officer, who must be satisfied that the current election signs do not give rise to a public safety issue, be instructed to not to remove any election signs located within the City of Burnside prior to 16 May 2016, based on: 1 the Work Health and Safety risks that may arise from the operation to remove

the signs given the inclement weather; and 2 the wasteful use of Council resources to remove the election signs, as the

writs will be issued and in place by Monday 16 May 2016. Seconded by Councillor Ford

Formal Motion Councillor Bagster moved:

C10636 That the motion be put. Seconded by Councillor Davis CARRIED The motion was put and CARRIED

Reports of Officers Flag Flying – Policy Review (Strategic) (14.7) Councillor Lemon moved:

C10637 1. That the Report be received.

2. That the updated City of Burnside Flag Flying Policy be adopted.

Seconded by Councillor Wilkins CARRIED Naming of Public Places – Policy Review (Strategic) (14.8) Councillor Osterstock moved:


2. That the updated ‘Naming of Public Places’ Policy be adopted.

Seconded by Councillor Lemon CARRIED


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Chief Executive Officer Report – April 2016 (Operational) (14.1) Councillor Piggott moved:

C10639 That the Report be received. Seconded by Councillor Wilkins CARRIED Eastern Region Alliance Strategic Plan (Strategic) (14.2) Councillor Piggott moved:

C10640 1. That the Report be received. 2 That Council adopts the draft ERA Strategic Plan as the framework to further

develop regional collaboration between the ERA member Councils. 3 That Council acknowledges and accepts that:

3.1. extensive further work is required before ERA can move from an informal alliance to a structured regional entity;

3.2. the governance framework has yet to be determined and must be

agreed by all member Councils before the structured regional entity can be implemented; and

3.3. the new structured regional entity may require further financial

contribution than what each member Council is currently contributing.

4 That Council receive further reports as progress is made towards moving from an informal alliance to a structured regional entity.

5 That the ERA Mayors and CEO Group provide 6 monthly reports to all ERA

Councils on the activities of the Eastern Region Alliance in respect to resource sharing, regional collaboration and any other activities relevant to the ERA Strategic Plan.

Councillor Davis left the meeting at 7.27 pm and returned to the meeting at 7.28 pm. Seconded by Councillor Davey CARRIED UNANIMOUSLY Minutes of CEO Recruitment, Performance, Appraisal and Remuneration Review Committee – 2 May 2016 (Operational) (14.3) Councillor Piggott moved:

C10641 That the Minutes of the CEO Recruitment, Performance, Appraisal and Remuneration Review Committee held on Monday 2 May 2016 be received. Seconded by Councillor Lemon CARRIED


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Third Quarter 2015/16 Budget Update (Operational) (14.4) Councillor Ford moved:

C10642 1. That the Report be received. 2. That the following variances to the 2015/16 Q2 Forecast be adopted to

create the Q3 Forecast (full year):

2.1 Operating Income net increase of $43,470.

2.2 Operating Expenditure net decrease of $441,441.

2.3 Increased Capital Revenue of $81,809.

2.4 Capital Expenditure on Renewal and Replacement of Existing Assets net decrease of $185,103.

2.5 Capital Expenditure on New and Upgrade Assets Projects net decrease of $125,688.

Councillor Osterstock left the meeting at 7.42 pm and returned to the meeting at 7.44 pm. Seconded by Councillor Osterstock CARRIED

Development Assessment Commission – Nominations (Operational) (14.5) Councillor Wilkins moved: That the Report be received.

The Mayor called for nominations to the above position. Councillor Lemon nominated Councillor Piggott who accepted the nomination. Councillor Davis nominated himself. Each gave a short presentation on the above nomination then left the meeting at 8.03 pm. Councillor Lemon moved an amendment:

C10643 That Council submits a nomination for Councillors Piggott and Davis to the position of Local Government representative on the Development Assessment Commission.

Seconded by Councillor Monceaux CARRIED The amendment became the motion and it was CARRIED Councillors Piggott and Davis returned to the meeting at 8.05 pm.


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Community Land Revocations (Strategic) (14.6) Councillor Davey moved:


2. That Council revokes the Community Land classification of the following parcels of land, in accordance with the requirements of section 194 of the Local Government Act 1999, now that Ministerial approval has been granted:

2.1. Area marked “Child Care Centre” in Attachment B of this Report, being a portion of land in Lot 140 in Deposited Plan 750 described in Certificate of Title Volume 5811 Folio 108 (Rose Park Preschool); and

2.2. 1A Gulfview Avenue, St Georges being the whole of the land in Lot 182 in Deposited Plan 2906 described in Certificate of Title Volume 418 and Folio 56 (JB Cleland Kindergarten).

3. That Council authorises the Mayor and Chief Executive Officer to execute and affix Council’s Seal as required to effect the Community Land revocation, land division and any subsequent sales in accordance with Council’s previous resolutions and where any documentation is required to give effect to the transactions set out above as required.

4. That Council authorises the Chief Executive Officer to undertake any, and all actions necessary to finalise the sale of those parcels of land, identified in points 2.1 and 2.2, in accordance with Council Resolution (C10392) dated 13 October 2015.

Councillor Bills left the meeting at 8.09 pm and returned to the meeting at 8.11 pm.

Seconded by Councillor Wilkins CARRIED UNANIMOUSLY Subsidiaries, Regional Subsidiaries and other Organisations/Entities Eastern Waste Management Authority (15.1) Nil Eastern Health Authority (15.2) Minutes of Board of Management meeting 27 April 2016 Delegates Report Highbury Landfill Authority (15.3) Nil Council Correspondence Nil


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Other Business Nil Confidential Items Council Member Code of Conduct Complaint (Operational) (18.1) Councillor Davey left the meeting at 8.19 pm. Councillor Davis moved:

C10645 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the Chief Executive Officer; the General Manager, Corporate Services; the General Manager, Community and Development Services, the Acting General Manager, Urban Services and the Executive Assistants on the basis that it will receive and consider Item 18.1 Council Member Code of Conduct Complaint (Operational) and that the Council is satisfied, pursuant to section 90(3)(a) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) and to do so would, on balance, be contrary to the public interest. Seconded by Councillor Lemon CARRIED Mayor Parkin declared a conflict of interest and left the meeting at 8.22 pm.

Acting Presiding Member

The Chief Executive Officer sought nominations for the position of Acting Presiding Member.

Councillor Osterstock nominated Councillor Bills who refused the nomination. Councillor Osterstock nominated Councillor Ford who accepted the nomination. Councillor Monceaux moved:

C10646 That Councillor Ford be appointed the Acting Presiding Member for the consideration of Item 18.1 Council Member Code of Conduct Complaint (Operational). Seconded by Councillor Davis CARRIED


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Councillor Piggott moved:

C10647 1. Confidential resolution.

2. Confidential resolution.


Seconded by Councillor Lemon Councillor Bills moved an amendment: 1. Confidential resolution.



Seconded by Councillor Monceaux LOST Councillor Piggott’s motion was put and CARRIED A Division was called by Councillor Bills: In Favour Councillor Monceaux Councillor Bagster Councillor Davis Councillor Piggott Councillor Wilkins Councillor Lemon Councillor Osterstock

Against Councillor Bills

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

C10648 1. That, having considered the matter in confidence, pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:

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

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

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

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


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

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

any discussions of Council on the matter and any recording of those discussions are to be treated as confidential. Seconded by Councillor Wilkins CARRIED The Mayor returned to the meeting at 8.30 pm.

Newland Park (Operational) (18.2) Councillor Piggott moved:

C10649 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the Chief Executive Officer; the General Manager, Corporate Services; the General Manager, Community and Development Services, the Acting General Manager, Urban Services and the Executive Assistants on the basis that it will receive and consider Item 18.2 Changes Required to Newland Park (Operational) and that the Council is satisfied, pursuant to section 90(3)(a) and (h) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) and the unreasonable disclosure of confidential legal advice and to do so would, on balance, be contrary to the public interest. Seconded by Councillor Lemon CARRIED Councillor Osterstock moved:

C10650 Confidential resolution.

Seconded by Councillor Lemon CARRIED Confidentiality Recommendation Councillor Lemon moved:

C10651 1. That, having considered the matter in confidence, pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:

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

1.2. the report, minutes and attachments relating to this agenda item remain confidential on the basis that the disclosure of this information would involve the unreasonable disclosure of confidential legal advice pursuant to Section 90(3)(h) of the Local Government Act 1999; and


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1.3. the report, minutes and attachments will not be available for public inspection for the period of 5 years at which time this order will be revoked / reviewed by the Council / Chief Executive Officer (CEO).

2. That for the item named in clause 1 and associated sub clauses, unless:

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

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

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

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

Seconded by Councillor Wilkins CARRIED Closure The meeting closed at 8.39 pm.

council meeting minutes - home - city of burnside · 2016-05-13 · opening prayer . the mayor read...

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