City of Onkaparinga...Christchurch tragedy I have written to the City of Christchurch Mayor Lianne Dalziel and to the Ahmadiyya Muslim Association President Masjid Mahmood, to share

City of Onkaparinga

Minutes of the Council meeting

held on 16 April 2019

Venue: Council Chamber, Civic Centre

Ramsay Place, Noarlunga Centre

Meeting commenced: 7.02pm

Present: Mayor E Thompson Cr M Bray

Cr S Brown

Cr B Cowan Cr de Graaf

Cr G Eaton Cr H Greaves (left 10.11pm)

Cr S McMahon

Cr M O’Brien Cr W Olsen

Cr R Peat Cr M Themeliotis

Apologies: Cr W Jamieson

Leave of absence: Nil

Absent: Nil

Pledge:

We recognise this City’s considerable natural and cultural heritage, including thousands of years of traditional ownership by Kaurna, and the more recent contribution from people either born here or who have migrated here. As we meet together, we build on this heritage by respecting and listening to each other, thinking clearly, being receptive to new ideas, speaking honestly, and deciding wisely for the current and future well-being of those we serve.

City of Onkaparinga Minutes of the Council meeting held on 16 April 2019

2 Date Printed: 18 April 2019

1. Opening of meeting

Mayor Thompson officially declared the meeting open at 7.02pm.

Cr O’Brien read the pledge.

2. Confirmation of minutes

MOVED Cr McMahon.

That the minutes of the proceedings of the Council meeting held on 19 March 2019 be received and confirmed as an accurate record of those proceedings.

Seconded by Cr Peat.

CARRIED

3. Adjourned business

Nil.

4. Leave of absence

Nil.

5. Mayor’s Communication

5.1 Mayors Report 16 April 2019

Citizenship

On 25 March we welcomed 107 new Australian citizens to our city from 34 different countries at a ceremony at the Hopgood Theatre.

Special guest speaker, Abbie Walsh, our 2019 Australia Day Award Little Hero of the Year recipient, welcomed our new citizens and the Onkaparinga Harmony Chorus gave a fantastic performance and also assisted me with handing out gifts, plants and koalas to the new citizens.

We welcome hundreds of people each year at our Citizenship ceremonies, representing all nations, religious backgrounds, beliefs and cultures. We are a welcoming and inclusive city that recognises that communities are made stronger and more vibrant through diversity and shared culture.

Christchurch tragedy

I have written to the City of Christchurch Mayor Lianne Dalziel and to the Ahmadiyya Muslim Association President Masjid Mahmood, to share some words of support and also to express our sincere wishes to the survivors and families of the victims following the tragic events in Christchurch. I was deeply moved when I attended the Vigil at the Noor Mosque and I sensed great faith, strength and resilience.

Greater Adelaide Region Organisation of Councils (GAROC)

GAROC was established under the Local Government Association’s (LGA) new Constitution adopted by member councils at the LGA’s Annual General Meeting in



October 2018. Over the past few months GAROC has met to discuss plans and priorities for the next 4 years. I have attached for your consideration the GAROC draft four year Strategic Plan 2019-2023 and Annual Business Plan 2019-2020, Attachment 8.

If you would like to provide comments on the Strategic Plan and Annual Business Plan please forward by 1 May to [email protected]

Hopgood Theatre Funding

I have written to the Premier the Hon Steven Marshall MP and the Hon David Pisoni MP requesting to urgently consider funding the Hopgood Theatre for a further 12 months, Attachment 9.

Annual Mayor’s Cup

On 30 March I enjoyed a great game of football between South Adelaide and Central Districts, with the honour of presenting the Cup to South Adelaide. It is great to keep the Cup here in the South where it belongs for another year. Well done to everyone involved in co-ordinating this event.

Correspondence received

The following correspondence is attached for your information.

Att 1 Hon Stephan Knoll MP Aldinga Suburban Neighbourhood Development Plan Amendment

Att 2 Hon Corey Wingard MP South Australian Sport and Recreation Infrastructure Plan

Att 3 Australian Council of Social Service (ACOSS)

Motion calling for an increase to Newstart and Youth Allowance

Att 4 State Planning Commission

Character Preservation (McLaren Vale) Act 2012 review submission

Att 5 Rebekha Sharkie MP Correspondence to Prime Minister and Leader of the Opposition re community needs

Att 6 Hon Michael McCormack MP and Hon Scott Buchholz MP

Australian Government’s 2019-20 budget rod safety announcement

Att 7 SA Housing Authority Changes to management of tenants

Att 8 Local Government Association

Greater Adelaide Region Organisation of Councils (GAROC)

Mayor’s calendar

My activities between 16 March and 12 April 2019 are reflected in Attachment 10.

Thank you to Cr Alayna de Graaf for representing me during this period:

28 March International Women’s Day in the South Awards

Thank you.

Erin Thompson Mayor



MOVED Cr O’Brien.

That Council note the 16 April 2019 Mayor’s report.

Seconded by Cr Greaves.

CARRIED

6. Presentations

Nil.

7. Deputations

7.1 Hub Gymnastics Club project – Environmental upgrade of the Hill Recreation Centre - Paul Murray

Paul Murray gave a deputation and answered questions from elected members in relation to the environmental upgrade of the Hill Recreation Centre.

7.2 Land leased by Waldorf School at Jay Drive Willunga – Graeme Tucker

Graeme Tucker gave a deputation in relation to the revocation of community land at Jay Drive Willunga.

7.3 Low Income Reference Group – Wendy Morgan, Susan Berry and Kym Mercer

Wendy Morgan, Susan Berry and Kym Mercer gave a deputation and answered questions from elected members in relation to the Low Income Reference Group.

Mayor Thompson brought forward item 9.6 at this point.

9.6 Update report on the revocation of community land process at Jay Drive, Willunga

MOVED Cr Greaves.

That for the council owned reserve land described as portion of Allotment 304 in Deposited Plan 32706 comprised in Certificate of Title Volume 6173 Folio 332 and bordered in red on attachment 2 to the agenda report and for the council owned reserve land described as portion of Allotment 162 in Deposited Plan 30861 comprised in Certificate of Title Volume 5240 Folio 247 and bordered in blue on attachment 2 to the agenda report, Council:

1. Notes that for the subject portions of land, seven submissions (all in support of the proposal) were received during the public consultation phase of the community land revocation process.

2. Having considered the submissions received, resolves to proceed with the process to revoke the subject portions of land from their community land classification on the basis that:

there were no objections received from the 156 adjacent land owners who were notified in writing of the proposed revocation and disposal,

of the seven submissions lodged, all are in support of the proposal, and;



there were 44 visitors that viewed the proposal on the ‘your say’ online survey tool and 156 landowners notified in writing, together with newspaper advertising, which resulted in no objections to the proposal.

3. Approves that a request be forwarded to the Minister for Transport, Infrastructure and Local Government for approval to revoke the subject land from its community land classification to enable disposal.

4. Requests that a final update report will be presented to Council once the Minister’s decision regarding the proposed revocation has been received, to enable finalisation of the revocation and disposal process.

Seconded by Cr Olsen.

CARRIED

Mayor Thompson brought forward item 12.1 at this point.

12.1 Notice of Motion - Cr Themeliotis - Low Income Reference Group

Cr de Graaf declared a material conflict of interest as she is the nominated Chairperson of the group and left the meeting at 7.51pm.

MOVED Cr Themeliotis.

1. That Council establish a Low Income Reference Group comprising Elected Members and relevant Council staff to inform the development of the Community Capacity Strategy and Onkaparinga 2035, and in particular to address issues facing low income residents, including but not limited to, those with disabilities, older residents, socially isolated, culturally and linguistically diverse, Aboriginal and youth.

2. That Terms of Reference for the Low income Reference Group be developed to clearly define the purpose and expectations of the group and that the Terms of Reference come back to Council for endorsement.

3. That staff representatives be nominated by the CEO.

4. That Cr Alayna de Graaf be appointed as Chairperson, with the following elected members:

Mayor Erin Thompson Cr Bill Jamieson

Cr Marion Themeliotis

to be members of the group.

5. That a report on progress of the work undertaken by the reference group be presented to Council on a quarterly basis.

Seconded by Cr Bray.

CARRIED

Cr de Graaf resumed her seat in the Chamber at 8.02pm.



8. Presentation by Committee Chairpersons and reports to Council by Council Committees.

8.1 Audit, Risk, Value and Efficiency Committee meeting minutes of 25 March 2019

MOVED Cr Eaton.

That Council note the minutes of the Audit, Risk, Value and Efficiency Committee meeting held on 25 March 2019 as attached to the agenda report.

Seconded by Cr O’Brien.

CARRIED

8.2 Strategic Directions Committee meeting minutes of 2 April 2019

MOVED Cr Peat.

1. Re item 7.1 Community engagement outcomes for naming the park on

Archer Street Christies Beach.

That pursuant to Section 219 of the Local Government Act 1999, Council approves the formal name Peters Park for the land described as Allotment 413 in Deposited Plan 7460 comprised in Certificate of Title 5542 Folio 519.

2. Re item 7.5 Disability Services Evaluation

That Council approves the continuation of:

1. Our current model of delivery for our Disability Services as a National Disability Insurance Scheme (NDIS) service provider.

2. Service delivery to those ineligible for NDIS while state government funding remains available.

3. Re item 7.6 Suburb Improvement Report (point 6)

That Council approve reallocation of the annual $450,000 Suburb Improvement Program budget from the Project and Capital Works – Place making category to the operational budget commencing in 2020-21.

4. That Council note the minutes of the Strategic Directions Committee meeting held on 2 April 2019 as shown at attachment 1 to the agenda report.


CARRIED

9. Reports of officers

9.1 Information Report on Notice of Motion - Cr Peat - the practice of selling off council reserves

MOVED Cr Peat.

Having considered the options contained in this information report, Council:

1. Notes the existing ‘Disposal of Council Land and Other Assets Policy’ and the relevant pieces of legislation that apply to the disposal of Council land (including the Fences Act 1975, which is the legislation that applies to fencing matters in South Australia) and continues to adopt a flexible and discretionary



approach to consider possible future survey and fencing costs of adjoining owners on a case by case basis to alleviate adjoining land owners from financial costs when Council sells its reserve land parcels.

2. Resolves that subject to a successful revocation process of community land and subsequent land sale process initiated by Council, Council:

2.1 Resolves that for an unfenced boundary adjoining a Residential parcel of land, a monetary contribution of up to $6,000 is reserved for up to 12 months from date of settlement from the sales proceeds to cover the reasonable costs of supply and installation of approximately 30-40 metres of Good Neighbour fencing (or similar product) should the adjoining owner wish to enter into discussions with Council to install a fence. In rare cases, both a side and a back fence may be requested to be installed depending on the configuration of the allotment. Any fencing designs above Good Neighbour style fencing are at the owners cost.

2.2 Resolves that for an unfenced boundary adjoining a Rural parcel of land, a monetary contribution of up to $8,000 is reserved for up to 12 months from date of settlement from the sales proceeds to cover the reasonable costs of supply and installation of approximately 500 metres of stock proof fencing consisting of four plain wire with two barbed wire fence comprising alternate timber posts and droppers at 8 metre intervals (or similar product) should the adjoining owner wish to enter into discussions with Council to install a fence. Any rural fencing designs above the stock proof style proposed here are at the owners cost.

2.3 Resolve that Council informs the adjoining land owner of their ability to contact Council for a monetary contribution as outlined in this motion towards fencing costs for up to 12 months.


CARRIED

Cr Olsen left his seat in the Chamber at 8.19pm.

Cr Olsen resumed his seat in the Chamber at 8.21pm.

9.2 Proposal to dispose of council land at 4 Thames Drive Reynella

MOVED Cr Greaves.

That for the council owned land described as Allotment 52 in Deposited Plan 6673, comprised in Certificate of Title Volume 5632 Folio 447, also known as 4 Thames Drive, Reynella and delineated in red on attachment 1 to the agenda report, Council:

1. Authorises officers to proceed with the disposal process by placing the subject land on the open market for sale.

2. Authorises officers to extinguish the existing registered (but not required) drainage easement (delineated in yellow on attachment 2 to the agenda report) and create a new registered drainage easement (delineated in red on attachment 2 to the agenda report) to protect existing council infrastructure, prior to placing the subject land on the open market.



3. Notes the intent to demolish the existing building on site (at a cost of approximately $12,000) prior to placing the subject land on the open market for sale.

4. Notes the cost of easement extinguishment and creation and demolition of the building will be necessary disposal costs and be met from the gross proceeds of sale.

5. Authorises the Chief Executive Officer to sign any documents required to finalise the documentary processes outlined above and complete the sale of the subject land.

6. Approves the net proceeds of the sale to be assigned to the Strategic Acquisitions Reserve Fund.

Seconded by Cr Cowan.

CARRIED

Cr de Graaf called a DIVISION and the decision was set aside.

For:

Cr Themeliotis Cr Eaton Cr Cowan Cr Brown Cr O’Brien Cr Olsen Cr Peat Cr McMahon Cr Greaves

Against:

Cr Bray Cr de Graaf

CARRIED

Cr Themeliotis left her seat in the Chamber at 8.35pm.

9.3 Update report on the revocation of community land process at 2 Alexander Street, Sellicks Beach

MOVED Cr Peat.

That for the council owned land described as Allotment 2 in Filed Plan 3217, comprised in Certificate of Title Volume 5603 Folio 659, at 2 Alexander Street, Sellicks Beach and delineated in red and yellow on attachment 1 to the agenda report, Council:

1. Notes that for the subject land, 23 submissions (two supporting, 20 not supporting and one unsure) were received during the public consultation phase of the community land revocation process.

2. Notes that one of the submissions had a petition attached with 242 signatures opposing the proposal to revoke and dispose of the subject land.

3. Having considered the submissions received, resolves to discontinue the revocation process for the subject land in recognition of the community concerns that have resulted from the public consultation phase of the process.

4. Resolves that the land will continue to be held as a local passive reserve and that no future residential development is planned or budgeted for the land.


Cr Themeliotis resumed her seat in the Chamber at 8.38pm.

CARRIED



9.4 Update report on the revocation of community land at 668 Taylors Avenue Morphett Vale

MOVED Cr Bray.

That for the council owned land described as portion of Allotment 115 in Deposited Plan 19974, comprised in portion of Certificate of Title Volume 5212 Folio 837, at 668 Taylors Ave, Morphett Vale and delineated in red on attachment 1 to the agenda report, Council:

1. Notes that for the subject portion of land, 12 submissions (two supporting, seven not supporting and three unsure) were received during the public consultation phase of the community land revocation process.

2. Having considered the submissions received, resolves to proceed with the process to revoke the subject land from its community land classification on the basis that:

there were two written submissions received (albeit one was on behalf of 5 residences) from the 45 adjacent land owners who were notified in writing of the proposed revocation and disposal,

of the 10 submissions lodged on the ‘your say’ online survey tool, 6 of them were received from people who do not reside in Morphett Vale or Onkaparinga Hills,

there were 94 visitors that viewed the proposal on the ‘your say’ online survey tool and 45 landowners notified in writing, together with newspaper advertising of the proposal, which resulted in 7 submissions not in support. This equates to a percentage of 5.03% of those directly consulted.

the OSSMP identifies the land as surplus to open space requirements,

our internal consultation process confirms that there is no strategic or operational need to justify retention,

our strategic land assessment indicates that the potential commercial return that may be realised through a land sale, together with the savings to be achieved from the removal of grounds maintenance and liability issues, would appear to outweigh the community benefits from retention, and;

the subject portion of land proposed for revocation and sale is ideally located and sized for residential development.

3. Recommends that a request be forwarded to the Minister for Transport, Infrastructure and Local Government for approval to revoke the subject land from its community land classification to enable disposal on the open market.

4. Notes that a final update report will be presented to Council once the Minister’s decision regarding the proposed revocation has been received, to enable finalisation of the revocation and disposal process.


Cr de Graaf MOVED an AMENDMENT.

That for the council owned land described as portion of Allotment 115 in Deposited Plan 19974, comprised in portion of Certificate of Title Volume 5212 Folio 837, at 668 Taylors Ave, Morphett Vale and delineated in red on attachment 1 to the agenda report, Council:



1. Notes that for the subject portion of land, 12 submissions (two supporting, seven not supporting and three unsure) were received during the public consultation phase of the community land revocation process.


there were two written submissions received (albeit one was on behalf of 5 residences) from the 45 adjacent land owners who were notified in writing of the proposed revocation and disposal,

of the 10 submissions lodged on the ‘your say’ online survey tool, 6 of them were received from people who do not reside in Morphett Vale or Onkaparinga Hills,

there were 94 visitors that viewed the proposal on the ‘your say’ online survey tool and 45 landowners notified in writing, together with newspaper advertising of the proposal, which resulted in 7 submissions not in support. This equates to a percentage of 5.03% of those directly consulted.

the OSSMP identifies the land as surplus to open space requirements,



the subject portion of land proposed for revocation and sale is ideally located and sized for residential development.


4. Notes that a final update report will be presented to Council once the Minister’s decision regarding the proposed revocation has been received, to enable finalisation of the revocation and disposal process, including the potential for council to act as the developer.

LAPSED for want of a seconder

The original MOTION was PUT and CARRIED.

9.5 Update report on the revocation of community land at 33 Candover Crescent, Huntfield Heights

MOVED Cr Bray.

That for the council owned reserve land described as Allotment 330 in Deposited Plan 6736, comprised in Certificate of Title Volume 5552 Folio 999, at 33 Candover Crescent, Huntfield Heights and delineated in red on attachment 1 to the agenda report, Council:



1. Notes that for the subject portion of land, 8 submissions (one supporting and seven not supporting) were received during the public consultation phase of the community land revocation process.


there were no written submissions received from the 42 adjacent landowners who were notified in writing of the proposed revocation and disposal,

of the 8 submissions lodged on the ‘your say’ online survey tool, 4 of them were received from people who do not reside in Huntfield Heights,

there were 70 visitors that viewed the proposal on the ‘your say’ online survey tool and 42 landowners notified in writing, together with newspaper advertising of the proposal, which resulted in 7 submissions not in support. This equates to a percentage of 6.25% of those directly consulted,

the Open Space Strategic Management Plan identifies the land as surplus to open space requirements,



the subject land proposed for revocation and sale is ideally located and sized for residential development.


4. Notes that a final update report will be presented to Council once the Minister’s decision regarding the proposed revocation has been received, to enable finalisation of the revocation and disposal process.

Seconded by Cr McMahon.

Cr Cowan left his seat in the Chamber at 8.49pm.

Cr Cowan resumed his seat in the Chamber at 8.51pm.

CARRIED

Cr de Graaf called a DIVISION and the decision was set

aside. For:

Cr Themeliotis Cr Eaton Cr Cowan Cr Brown Cr O’Brien Cr Olsen Cr Bray Cr Peat Cr McMahon Cr Greaves

Against:

Cr de Graaf

CARRIED



At 8.57pm Mayor Thompson sought and was granted leave of the meeting for a 10 minute break.

Mayor Thompson reconvened the meeting in the Chamber at 9.12pm with all members present that were present before the break.

9.7 Dog registration fees 2019-20

MOVED Cr Olsen.

That Council approves the following fees, rebates and refunds for the 2019-20 dog registration period:

2019-20 Notes

Dog registration fees

Non-Standard dog $86 A dog that is not microchipped and desexed

Assistance dog $0

Rebates

Standard dog 50% A dog that is both microchipped and desexed

Puppy 50% Dogs less than 6 months of age that are not yet desexed

Part year

registration (January, February

or March)

50% Rebate for new dogs registered in January, February or

March

Part year registration

(April, May or June)

100% Rebate for new dogs registered in April, May or June

Concession 50% for holders of concession cards supported by DACO eg:

Pensioner Concession Card – Aged

Pensioner Concession Card

DVA Health Card (Gold card)

Health Care Card

Commonwealth Seniors Health Card

Trained dog discount

-$15 Training rebate is offered for Level 2 or equivalent, automatic sit, stand, drop, stay, left and right about turns,

basic recall

Desexing exemption -$12 For non-desexed dogs born prior to 1 July 2018 that are unable to be desexed on medical grounds and exemption

received provided prior to 30 June 2019

Additional fees

Transfer of

registration

$0

Late registration $10

Working livestock

dog

$20 No other rebates, discounts or concessions apply

Racing greyhound $20 No other rebates, discounts or concessions apply

Business registration fees

1-9 dogs $178

10-19 dogs $325

20-29 dogs $500

> 29 dogs $682

Refunds 76% For deceased dogs that pass prior to 1 October in the year

of registration


CARRIED



9.8 Update to the Elected member allowance, benefits and support procedure

MOVED Cr Greaves.

That Council approves the following amendment to item 1.3 “Payment of allowances” of the Elected member allowance, benefits and support procedure:

Payment of elected member allowances take effect from the conclusion of the relevant periodic election in either twelve (12) or twenty four (24) equal instalments per year at the request of the member.

The elected member allowance is paid in either monthly instalments on the first working day of the month or twice monthly on the 1st and 15th days of each month (or closest thereto) by Electronic Funds Transfer (EFT) and funds are available to members the day after transfer. Payment statements will be emailed to members after each payment.

A statement of earnings will be provided electronically to elected members at the conclusion of each financial year.

as shown at attachment 1 to the agenda report.


CARRIED

9.9 Council and Committee Reporting Schedule

MOVED Cr Peat.

That Council note the agenda report and Reporting Schedule (attachment 1 to the agenda report).

Seconded by Cr Themeliotis.

CARRIED

10. Nominations to external bodies

10.1 Southern Region Waste Resource Authority membership

MOVED Cr Olsen.

1. That Council appoint:

a. Cr Peat as City of Onkaparinga Board Member

b. Cr Greaves as City of Onkaparinga Deputy Board Member

to the Southern Region Waste Resource Authority Board, for a term commencing on 1 July 2019 and concluding as at the date that the election is declared in November 2022.

2. That Council reappoint Mr Kirk Richardson as a City of Onkaparinga Board Member to the Southern Region Waste Resource Authority Board for a term commencing 1 July 2019 and expiring 30 June 2023.


CARRIED



11. Questions on notice

Nil.

12. Motions

12.2 Notice of Motion - Cr Bray - Witton Bluff Base Trail

MOVED Cr Bray.

1. That in relation to the proposed Witton Bluff Base trail, staff develop an innovative approach that is outcome and not process driven, focussing on a flat in-house management structure and using small scale contractors.

2. That the use of small-scale contractors be integral to the approach taken from the very first scoping studies.

3. That federal labour be approached with the proposal that they commit to the full $2.7M of federal money being invested in the project, regardless of a total cost reduction for the project on delivery, on the basis that some of the ratepayer financial burden may be lifted, and acknowledging significant funding pressures for gender balance in change room provision at sports facilities.

Seconded by Cr Olsen

Cr Greaves left her seat in the Chamber at 9.41pm.

Cr Greaves resumed her seat in the Chamber at 9.43pm.

Cr Greaves MOVED a formal motion that the MOTION be PUT.

LAPSED for want of a seconder

CARRIED


For:

Cr Eaton Cr Cowan Cr Brown Cr Olsen Cr Bray Cr McMahon

Against:

Cr Themeliotis Cr O’Brien Cr Peat Cr Greaves Cr de Graaf

CARRIED

12.3 Notice of Motion - Cr de Graaf - Customer Assist Program

MOVED Cr de Graaf.

That the Customer Experience Framework, Priority One, be developed to deliver high quality, contemporary customer service, and consider best practice approaches undertaken by agencies such as SA Water, for dealing with customers experiencing financial hardship or other difficulties in their lives and elected members be engaged in the development of this initiative.

Seconded by Cr Peat.

Cr Greaves MOVED a formal motion that the question lie on the table.


CARRIED



13. Petitions

13.1 Petition - Revocation process for 2 Alexander Street Sellicks Beach

MOVED Cr Peat.

1. That the petition shown at attachment 2 to the agenda report be received.

2. That Council considers the matter formally in a report tabled on the meeting agenda for 16 April 2019.

3. That the head petitioner be notified of Council’s decision resulting from the consideration of the tabled report.


CARRIED

Cr Greaves left the meeting at 10.11pm.

14. Urgent business

MOVED Cr de Graaf.

That councillors are requested to take a group photograph with a corflute sign to support the raising of the Newstart allowance as soon as possible and send to ACOSS.


CARRIED


For:

Cr Themeliotis Cr Eaton Cr Cowan Cr Olsen Cr Bray Cr Peat Cr de Graaf

Against:

Cr Brown Cr O’Brien Cr McMahon

CARRIED

Cr Olsen left his seat in the Chamber at 10.17pm.

Cr Olsen resumed his seat in the Chamber at 10.20pm.

15. Confidential items

15.1 Notice of Motion - Cr Bray - Legal action

MOVED Cr Cowan.

1. 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 staff on duty, be excluded from attendance at the meeting in order to consider this item in confidence.

b. the Council is satisfied that it is necessary that the public, with the exception of staff on duty, be excluded to enable the Council to consider the information at the meeting on the following grounds:



Section 90(3)(d) commercial information of a confidential nature (not being a trade 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;

and

Section 90(3)(h) legal advice.

c. 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

Recommendations 2, 3 and 4 - Confidential

MOVED Cr O’Brien.

5 a. That the matter of Notice of Motion – Cr Bray – Legal action having been considered by the Council in confidence under sections 90(2) and 90(3)(d) and (h) of the Local Government Act 1999 that an order be made under the provisions of sections 91(7)and (9) of the Local Government Act 1999 that the agenda item, discussion and minutes of the Council relating to discussion of the subject matter be kept confidential until the expiry of our kerbside recycling processing contract in 2024, or to the expiry date of any related contracts entered into in relation to this matter, whichever date is the latter

b. That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct an annual review of the confidentiality order to the Chief Executive Officer, or their sub-delegate.

c. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order to the Chief Executive Officer, or their sub-delegate.


CARRIED

16. Closure

Mayor Thompson officially declared the meeting closed at 10.28pm.

Certified Correct ………………………………………………Chair

/ /2019

Documents

City of Onkaparinga...Christchurch tragedy I have written to the City of Christchurch Mayor Lianne Dalziel and to the Ahmadiyya Muslim Association President Masjid Mahmood, to share