minutes - apc.sa.gov.au€¦ · 19/03/2018 · of the department of environment, water and natural...

16480

Ordinary Council Meeting

19 March 2018

MINUTES

of


Pursuant to the provisions of section 84 (1) of the

Local Government Act 1999

HELD IN

Council Chambers Redbanks Road,

Mallala

on

Monday, 19 March 2018 at 6:30pm

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19 March 2018

Mayor Flaherty formally declared the meeting open at 6:29pm.

1. ATTENDANCE RECORD

1.1 Present:

Mayor A J (Tony) Flaherty OAM JP

Councillor Terry-Anne Keen

Councillor Stephen Jones

Councillor P D (Joe) Daniele

Councillor Carmine Di Troia

Councillor Margherita Panella

Councillor Eddie Stubing (from 6:51pm)

Also in Attendance:

Chief Executive Officer Mr James Miller

General Manager, Finance and Economic Development Mr Rajith Udugampola

General Manager, Governance and Communications Ms Sheree Schenk

General Manager, Infrastructure Mr Martin Waddington

General Manager, Development and Community Mr Robert Veitch

Minute Secretary Ms Andrea Post

1.2 Apologies:

Councillor Melville Lawrence

Councillor S M (Marcus) Strudwicke

1.3 Not Present / Leave of Absence:

Councillor Karen McColl – Leave of absence

CONFIRMATION OF MINUTES

2.1 Confirmation of Council Minutes – Ordinary meeting held 19 February 2018

Moved Councillor Daniele Seconded Councillor Panella 2018/ 087

“that the minutes of the Ordinary Council Meeting held on Monday 19 February 2018

(MB Folios 16446 to 16467, inclusive), be accepted as read and confirmed.”

CARRIED

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19 March 2018

2.2 Confirmation of Council Minutes – Special meeting held 26 February2018

Moved Councillor Keen Seconded Councillor Daniele 2018/ 088

“that the minutes of the Special Council Meeting held on Monday 26 February 2018


CARRIED

2.3 Confirmation of Council Minutes – Special meeting held 5 March 2018

Moved Councillor Di Troia Seconded Councillor Jones 2018/ 089

“that the minutes of the Special Council Meeting held on Monday 5 March 2018


CARRIED

3. BUSINESS ARISING

Nil

4. ADJOURNED BUSINESS

Nil

5. DECLARATION OF MEMBERS’ INTEREST (material, actual, perceived)

Nil

6. PUBLIC OPEN FORUM

The Presiding Member, with approval of two-thirds of the members present suspended

the meeting procedures pursuant to Regulation 20(1) of the Local Government

(Procedures at Meetings) Regulations 2013, for a period of 15 minutes to facilitate

‘Public Open Forum’. The meeting was suspended at 6:31pm.

Alvin Jenkin Parham

Topics Discussed

Item 14.2 – Horse Float Parking at Parham

The meeting resumed at 6:36pm.

7. MAYOR’S REPORT

Monday, 12 February 2018

Elected Member Bus Tour and Budget Workshop

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19 March 2018

Tuesday, 13 February 2018

Special Council Meeting

Audit Committee Meeting

Wednesday, 14 February 2018

Sam Davies 2018 SA-BEST Candidate for Narungga

Friday, 16 February 2018

Legatus Group Meeting – hosted by Adelaide Plains Council

Monday, 19 February 2018

Mayor, Deputy Mayor and Executive Management Team


Wednesday, 21 February 2018

NAIS Meeting, Unley

Finance Meeting, Unley

Friday, 23 February 2018

Resident/Ratepayer meeting, Johns Road, Lewiston


Saturday, 24 February 2018

Mayor / CEO Meeting – North Adelaide

Tuesday, 27 February 2018

Meeting with Consultant – Confidential matter

Thursday, 1 March 2018

Meeting with Consultant – Confidential matter

8. REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED

Nil

9. DEPUTATIONS

Nil

10. PRESENTATIONS / BRIEFINGS

10.1 Mr Tony Fox, District Manager Northern Hills Coast and Plains, employed by Department

of Environment, Water and Natural Resources (DEWNR) gave a 30 minute briefing

regarding the Natural Resources Adelaide and Mount Lofty Ranges programs in the

Adelaide Plains Council area.

At this juncture, 6:51pm, Councillor Stubing entered the meeting.

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19 March 2018

11. PETITIONS

Nil

12. COMMITTEE RECOMMENDATIONS

12.1 Adelaide Plains Council Historical Committee – meeting held 7 February 2018

Moved Councillor Keen Seconded Councillor Jones 2018/ 090

“that Council receives and notes the minutes of the Adelaide Plains Council Historical

Committee meeting held 7 February 2018.”

CARRIED

13. ASSOCIATED ORGANISATIONS

13.1 Gawler River Floodplain Management Authority – meeting held 15 February 2018

Moved Councillor Keen Seconded Councillor Panella 2018/ 091

“that Council receives and notes the minutes of the Gawler River Floodplain

Management Authority meeting held 15 February 2018.”

CARRIED

13.2 Legatus Group – meeting held 16 February 2018

Moved Councillor Panella Seconded Councillor Jones 2018/ 092

“that Council receives and notes the minutes of the Legatus Group meeting held

16 February 2018.”

CARRIED

14. REPORTS FOR DECISION

14.1 Planning Institute of Australia – National Planning Congress 2018

Moved Councillor Panella Seconded Councillor Keen 2018/ 093

“that Council, having considered Item 14.1 – Planning Institute of Australia – National

Planning Congress 2018, dated 19 March 2018, receives and notes the report and in

doing so approves the Chief Executive Officer’s attendance at the National Conference

to be held in Perth from 9-11 May 2018.”

CARRIED

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19 March 2018

14.2 Horse Float Parking - Parham

Moved Councillor Panella Seconded Councillor Stubing 2018/ 094

“that Council, having considered Item 14.2 – Horse Float Parking - Parham, dated

19 March 2018, receives and notes the report and in doing so authorises the General

Manager Development and Community to undertake public consultation in accordance

with the attached Public Consultation Policy.”

CARRIED

14.3 Adelaide International Bird Sanctuary Management Plan Consultation


“that Council, having considered Item 14.3 – Adelaide International Bird Sanctuary

Management Plan Consultation, dated 19 March 2018, receives the report and in doing

so, endorses the proposed consultation response to the Department of Environment,

Water and Natural Resources as identified in (Attachment 2) to the report.”

CARRIED

14.4 WAY2GO Program

Moved Councillor Daniele Seconded Councillor Panella 2018/ 096

“that Council, having considered Item 14.4 – Way2Go Program, dated 19 March 2018

receives and notes the report and in doing so, agrees to Adelaide Plains Council joining

the Way2Go program and a representative from the Department of Planning,

Transport and Infrastructure contacting Mallala Primary School and Two Wells Primary

School to gauge their interest in participating in the program.”

CARRIED

14.5 Two Wells Community Fund Terms of Reference

Moved Councillor Jones Seconded Councillor Daniele 2018/ 097

“that Council, having considered Item 14.5 – Two Wells Community Fund Terms of

Reference, dated 19 March 2018, receives and notes the report and in doing so:-

1. Endorses the Two Wells Community Fund Terms of Reference

(Attachment 1) and Two Wells Township Map (Attachment 2) to this

Report; and

2. Appoints the General Manager Development and Community as Council’s

representative to the Two Wells Community Fund Committee and the

Library and Community Services Coordinator as the ‘Alternate Member’

until 31 March 2019 (as per attached Terms of Reference clauses 3.1 and

3.4); and

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19 March 2018

3. Delegates authority to the Chief Executive Officer to make any necessary

minor administrative amendments to the documents including the

nomination and appointment of an Independent Chair.”

CARRIED

14.6 Policy Review - Volunteers Policy and Code of Conduct for Volunteers

Moved Councillor Daniele Seconded Councillor Keen 2018/ 098

“that Council, having considered Item 14.6– Policy Review – Volunteers Policy and Code

of Conduct for Volunteers, dated 19 March 2018 receives and notes the report and in

doing so:-

1. Endorses the updated Volunteer Management Policy (Attachment 2) and

the Code of Conduct for Volunteers (Attachment 3) to this report ; and

2. Delegates authority to the Chief Executive Officer to make any minor

administrative amendments necessary to finalise the documents.”

CARRIED

14.7 Policy Review - Vulnerable Groups/Individuals Policy and Code of Conduct

Moved Councillor Di Troia Seconded Councillor Jones 2018/ 099

“that Council, having considered Item 14.7 – Policy Review – Vulnerable

Groups/Individuals Policy and Code of Conduct dated 19 March 2018, receives and

notes the report and in doing so:-

1. Endorses the updated Children and Vulnerable Persons Safety Policy

(Attachment 2) and the Children and Vulnerable Persons Code of Conduct

(Attachment 3) to this report; and

2. Delegates authority to the Chief Executive Officer to make any minor

administrative amendments necessary to the documents.”

CARRIED

14.8 Draft 2018-2019 Budget


“that Council, having considered Item 14.8 – 2018-2019 Annual Business Plan, Budget

and Long Term Financial Plan 2019-2028, dated 19 March 2019, adjourn the item until

the next Special Council meeting on Monday 26 March 2018 commencing at 6:00pm,

providing that more information is provided relating to dot point 4.”

CARRIED

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19 March 2018

At this juncture, 8:00pm, Councillor Di Troia left the meeting.

14.9 Regional Flood Monitoring and Alert System – Light, Gilbert and Wakefield Rivers

Moved Councillor Keen Seconded Councillor Stubing 2018/ 101

“that Council, having considered Item 14.9 – Regional Flood Monitoring and Alert

System – Light, Gilbert and Wakefield Rivers, 19 March 2018, receives and notes the

report and in doing so that after the upcoming State Election campaign in March,

Council endorses the Chief Executive Officer to formally write to the relevant Minister

of the Department of Environment, Water and Natural Resources (DEWNR) to lobby

that the flood monitoring and alert system in our region is the responsibility of the

State Government not Council as proposed by DEWNR”.

CARRIED

At this juncture, 8:03pm, Councillor Di Troia returned to the meeting.

14.10 2018 Council Next Practice Showcase and LGA Ordinary General Meeting


“that the Council having considered Item 14.10 - 2018 Council Next Practice Showcase

and LGA Ordinary General Meeting, dated 19 March 2018, receives and notes the

report and in doing so authorises Mayor Flaherty OAM, Deputy Mayor Lawrence and

Chief Executive Officer, James Miller, to attend the Showcase and LGA Ordinary

General Meeting and delegates authority to the Mayor, Deputy Mayor and CEO to

adjudicate on the various motions put forward by member councils and vote

accordingly.”

CARRIED

15. REPORTS FOR INFORMATION

15.1 Council Resolutions / Actions Report

Moved Councillor Jones Seconded Councillor Panella 2018/ 103

“that Council, having considered Item 15.1 – Council Resolutions/Action Report, dated

19 March 2018, receives and notes the report.”

CARRIED

15.2 Economic Development Officer – Resource Sharing Opportunity

Moved Councillor Panella Seconded Councillor Keen 2018/ 104

“that Council, having considered Item 15.2 – Economic Development Officer – Resource

Sharing Opportunity, dated 19 March 2018, receives and notes the report.”

CARRIED

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19 March 2018

16. QUESTIONS ON NOTICE

16.1 Two Wells Memorial

Councillor Panella gave notice of her intention to ask the following questions:

Preamble At the January 2018 Ordinary Council meeting, we saw a recommendation that the

pine trees adjacent to the Two Wells Memorial be removed on the basis of

potential wall damage. I respect the importance of the War Memorial but I also

respect the trees they were planted by the pioneers of our council areas. I’m sure

that our pioneers planted these trees therefore I would hope we show the same

respect to them.

I therefore ask the following questions:

Question 1: What planning approvals were given for Two Wells War Memorial precinct

upgrade? Please specify:

Answer: The only development approval issued by Council relates to the pole mounted with

solar panel to provide power to illuminate the war memorial plaque

(312/209/2014).

Question 2: During assessments of the application was any consideration given to the

established Pine Trees and the proximity of the proposed War Memorial

boundary stone wall? Please specify

Answer: Not relevant to the assessment of the above application.

Question 3: As the War Memorial is on council land, what public consultation took place prior

to any work taking place? Please specify

Answer: No evidence of public consultation on the wall itself has been found, however

public consultation on “Two Wells RSL Memorial Reserve Upgrade” occurred in

August 2014 which was advertised on Councils website. The purpose was to

consult on the Two Wells RSL proposal to upgrade the Two Wells War Memorial

Reserve to incorporate a life size dog statue made of black granite and an

illuminated solar powered rising sun.

Question 4: What is our Open Space policy? Is the War Memorial included in the Open Space

policy? Can a copy of the policy be included. What are the requirements of public

consultation for the War Memorial?

Answer: Council does not have an Open Space Policy persée. However Council adopted an

open space plan in 2016 which dealt with sporting precincts and did not include

war memorials.

Question 5: What are the dimensions of the wall foundation preparation which was

apparently dug by council staff and reinforced with steel mesh, can that verbal

information be confirmed from staff records? What were the trenching

dimensions?

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19 March 2018

Answer: The dimensions of the wall foundations (footings) and other details such as steel

reinforcing are unknown. No administrative records have yet been found to detail

staff involvement, however interviews with staff indicate that they were instructed

by the CEO of the day to dig the foundations. Staff were not involved in the further

preparation of the footing from that point on.

Question 6: What are the engineering specifications for the wall foundation, MPA strength

concrete and what size rio mesh or steel rods was used? Please specify.

Answer: As per question 5 above.

Question 7: Was an engineering consultant used and was a report given to council prior to

building the wall? What engineering specifications were recommended?

Answer: Engineering consultants use or otherwise is unknown. No records of a report have

been found.

Question 8: What measures have been taken to protect the future of the pine trees? Has an

independent tree doctor/arborist been consulted to check the health, welfare

and longevity of the trees throughout Two Wells and other areas?

Answer: No special measures have been taken to protect the future of the pine trees other

than routine maintenance and care. The only vegetation that is specifically

protected by law is that under the Native Vegetation Act 1991.

An independent arborist has not been consulted. However approximately a year

ago a limb on one of the pine trees was observed to be dying. The limb was

attended to by internal staff (removed and tidied up) and a subsequent inspection

of the rest of the tree at the time found a bore hole drilled in the trunk. The timing

of the drilling was not possible to ascertain with any certainty but it may be

connected with the limb dying.

Question 9: If these trees are poisoned and we can see the trees start to die off, will council

seek a police investigation regarding the destruction of council property and

press charges regarding to the damages or loss of these trees?

Answer: Vandalism to Council property such as the destruction of a tree would ordinarily be

reported to the police. In the case of this tree there was no clear evidence as to a

perpetrator(s) nor was it absolutely certain the tree was poisoned and if so then

the time it occurred was unclear too. Staff elected to manage the tree’s health and

ensure its survival to the best of their ability.

17. QUESTIONS WITHOUT NOTICE

Not recorded in Minutes in accordance with Regulation 9(5) of the Local Government

(Procedures at Meetings) Regulations 2013.

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19 March 2018

18. MOTIONS ON NOTICE

18.1 Rescind Motion (2017/099) – Camping Reserves

Moved Councillor Jones Seconded Councillor Stubing 2018/ 105

“that the below resolution (2047/099) which provides:-

“that Council, having considered Item 12.5.2 – Camping Reserves, dated 18

April 2017, charge a fee of $10 per site per night applied to both Parham and

the new Mallala camp ground and a coin operated timer be retrofitted to the

existing shower at the Mallala oval set at $2 for a 7 minute shower.”

be rescinded”.

CARRIED

18.2 Mining and Environmental Degradation

Moved Councillor Jones Seconded Councillor Keen 2018/ 106

“that Staff prepare report to Council on all and any other matters outlined in preamble

in relation to land bordering Parham Rd, Driscoll Tce, and North Parham Rd and a

summary of all regulatory aspects over subject land and possible options for cessation

of antisocial behaviour illegal dumping and land degradation and to also include a visit

to site for interested members before next council meeting in April”.

CARRIED

19. MOTIONS WITHOUT NOTICE

19.1 Courtesy Signs - Roberts Road, Lewiston

Moved Councillor Jones Seconded Councillor Stubing 2018/ 107

“that administration bring back a report in relation to the installation of courtesy road

signs encouraging motorists to slow down.”

CARRIED

At this juncture, 8:42pm, Councillor Di Troia left the meeting.

At this juncture, 8:43pm, Councillor Di Troia returned to the meeting.

20. URGENT BUSINESS

20.1 Quarterly Report - Tracking Times of Development Applications

Moved Councillor Stubing Seconded Councillor Jones 2018/ 108

“that administration bring back a report on a quarterly basis providing a broad brushed

overview of timeframes, types of applications, category and classification for all

incoming development applications to the Adelaide Plains Council, and what

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percentage of development application assessments are meeting the statutory time

frames as set out in legislation.”

CARRIED

20.2 2018 State Election Acknowledgements

Moved Councillor Jones Seconded Councillor Keen 2018/ 109

“that Council instruct its Chief Executive Officer (CEO) to formally write to the

successful candidates for the three (3) State Government seats that fall within Adelaide

Plains Council (Schubert, Taylor and Narungga) congratulating them on being elected

to the House of Representatives. Further, that the CEO also write to those outgoing

MPs in Leesa Vlahos and Steven Griffiths thanking them for their valuable service to

the Adelaide Plains community.”

CARRIED

21. CONFIDENTIAL ITEMS

21.1 Reappointment of GRFMA Chairperson


“that:-

a) under the provisions of Section 90(2) of the Local Government Act 1999, an

order be made that the public with the exception of Chief Executive Officer,

General Manager – Development, General Manager – Infrastructure, General

Manager – Finance and Economic Development, and Minute Taker be excluded

from attendance at the meeting of the Council in order to consider in

confidence Item 21.1 – Reappointment of GRFMA Chairperson

b) the Council is satisfied that it is necessary that the public be excluded to

enable the Council to consider the report at the meeting:-

on the grounds provided by Section 90(3)(a), information the disclosure of

which would involve the unreasonable disclosure of information

concerning the personal affairs of any person (living or dead);

Accordingly, on this basis the principle that meetings of the Council should be

conducted in a place open to the public has been outweighed by the need to keep the

information or discussion confidential.”

CARRIED

21.1 Moved Councillor Keen Seconded Councillor Daniele 2018/ 111

“that Council, having considered Item 21.1 – Reappointment of GRFMA Chairperson,

dated 19 March 2018, receives and notes the report and in doing so:-

1. Endorses the reappointment of Mr Ian Baldwin to the position of Gawler

River Floodplain Management Authority chairperson for a term of two

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years; and

2. Delegates authority to the Chief Executive Officer to write to the

Executive Officer of the Gawler River Floodplain Management Authority

to advise of Adelaide Plains Council’s decision.”

CARRIED

21.1 Moved Councillor Keen Seconded Councillor Jones 2018/ 112

“that:-

in accordance with Section 91(7) and Section 91(9) of the Local Government Act 1999

and on the grounds that Item 21.1 – Reappointment of GRFMA Chairperson for the

Ordinary meeting of the Council held on 19 March 2018, was discussed and considered

in confidence pursuant to Section 90(3)(a) of the Local Government Act 1999, this

meeting of the Council, does order that:

(a) the agenda item, report and annexures and any other associated

information submitted to this meeting and the minutes of this meeting

in relation to the matter remain confidential and not available for public

inspection until made publically available by the Gawler River Floodplain

Management Authority;

(b) the confidentiality of the matter be reviewed once in each 12 months;

and

(c) the Chief Executive Officer be delegated the authority to review and

revoke all or part of the order herein pursuant to Section 91(9)(c) of the

Local Government Act 1999.”

CARRIED

21.2 Junction Australia Ltd – Lease Agreement

Moved Councillor Daniele Seconded Councillor Keen 2018/ 113

“that:-

a) under the provisions of Section 90(2) of the Local Government Act 1999, an

order be made that the public with the exception of Chief Executive Officer,

General Manager – Development, General Manager – Infrastructure, General

Manager – Finance and Economic Development, and Minute Taker be excluded

from attendance at the meeting of the Council in order to consider in

confidence Item 21.2 – Junction Australia Ltd – Lease Agreement

b) the Council is satisfied that it is necessary that the public be excluded to

enable the Council to consider the report at the meeting:-

on the grounds provided by Section 90(3)(a) and (d),

(a) information the disclosure of which would involve the unreasonable

disclosure of information concerning the personal affairs of any

person (living or dead);

(d) commercial information of a confidential nature (not being a trade

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secret) the disclosure of which-

(i) could reasonably be expected to prejudice the commercial

position of the person who supplied the information, or to confer

a commercial advantage on a third party; and

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

Accordingly, on this basis the principle that meetings of the Council should be

conducted in a place open to the public has been outweighed by the need to keep the

information or discussion confidential.”

CARRIED

21.2 Moved Councillor Keen Seconded Councillor Daniele 2018/ 114

“that Council, having considered Item 21.2 – Junction Australia – Lease Agreement,

dated 19 March 2018, receives and notes the report and in doing so adopts the current

Rent Setting, Utility Charges and Tenant Entry Criteria as detailed in the associated

report.”

CARRIED

21.2 Moved Councillor Daniele Seconded Councillor Jones 2018/ 115

“that Council having considered Item 21.2 - Junction Australia – Lease Agreement,

dated 19 March 2018, authorise the Chief Executive Officer or delegate to negotiate

with other interested parties to manage the units on behalf of Council.”

CARRIED

21.2 Moved Councillor Keen Seconded Councillor Di Troia 2018/ 116

“that:-

in accordance with Section 91(7) and Section 91(9) of the Local Government Act 1999

and on the grounds that Item 21.2 – Junction Australia Ltd – Lease Agreement for the

Ordinary meeting of the Council held on 19 March 2018, was discussed and considered

in confidence pursuant to Section 90(3)(a) and (d) of the Local Government Act 1999,

this meeting of the Council, does order that:

(a) the agenda item, report and annexures and any other associated

information submitted to this meeting and the minutes of this meeting

in relation to the matter remain confidential and not available for public

inspection until the current tenants have been formally advised of the

change of management;

(b) the confidentiality of the matter be reviewed once in each 12 months;

and

(c) the Chief Executive Officer be delegated the authority to review and

revoke all or part of the order herein pursuant to Section 91(9)(c) of the Local

Government Act 1999.”

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CARRIED

22. CLOSURE

There being no further business, the Mayor declared the meeting closed at 9:07pm.

Confirmed as a true record.

Mayor: ......................................................................

Date: ____/____/___

minutes - apc.sa.gov.au€¦ · 19/03/2018 · of the department of environment, water and natural...

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