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Confirmed 28 February 2017 MINUTES of ORDINARY COUNCIL MEETING Pursuant to the provisions of Section 84(1) of the Local Government Act 1999 HELD IN COUNCIL CHAMBERS PLAYFORD CIVIC CENTRE 10 PLAYFORD BOULEVARD, ELIZABETH ON TUESDAY, 24 JANUARY 2017 AT 7:00PM The meeting commenced at 7:01 pm. 1 ATTENDANCE RECORD 1.1 Present MAYOR GLENN DOCHERTY Principal Member Cr Marilyn Baker Cr Samantha Blake Cr Andrew Craig Cr Denis Davey Cr Joe Federico Cr Shirley Halls Cr Michael Joy Cr Duncan MacMillan Cr Dino Musolino Cr Jane Onuzans Cr Peter Rentoulis Cr Adam Sherwood Cr Gay Smallwood-Smith Also in attendance for the meeting: Chief Executive Officer Mr Mal Hemmerling Deputy Chief Executive Officer Mr Sam Green General Manager, Strategic Projects and Assets Mr James Pollock General Manager, City Services Ms Maggie Dowling Senior Manager, Corporate Services Ms Rosemary Munslow Senior Manager, Strategy and Policy Mr Greg Pattinson Minute Taker Ms Susie Reichstein

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Page 1: COUNCIL CHAMBERS February - City of Playford · council chambers playford civic centre 10 playford boulevard, elizabeth. on . tuesday, 24 january 2017. at 7:00pm. ... 8.2 silver leaf

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MINUTES

of

ORDINARY COUNCIL MEETING

Pursuant to the provisions of Section 84(1) of the Local Government Act 1999

HELD IN

COUNCIL CHAMBERS

PLAYFORD CIVIC CENTRE 10 PLAYFORD BOULEVARD, ELIZABETH

ON

TUESDAY, 24 JANUARY 2017

AT 7:00PM

The meeting commenced at 7:01 pm.

1 ATTENDANCE RECORD

1.1 Present MAYOR GLENN DOCHERTY – Principal Member

Cr Marilyn Baker Cr Samantha Blake Cr Andrew Craig Cr Denis Davey Cr Joe Federico Cr Shirley Halls Cr Michael Joy Cr Duncan MacMillan Cr Dino Musolino Cr Jane Onuzans Cr Peter Rentoulis Cr Adam Sherwood Cr Gay Smallwood-Smith

Also in attendance for the meeting: Chief Executive Officer Mr Mal Hemmerling Deputy Chief Executive Officer Mr Sam Green General Manager, Strategic Projects and Assets Mr James Pollock General Manager, City Services Ms Maggie Dowling Senior Manager, Corporate Services Ms Rosemary Munslow Senior Manager, Strategy and Policy Mr Greg Pattinson Minute Taker Ms Susie Reichstein

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Ordinary Council Minutes 2 24 January 2017

1.2 Apologies

Cr Carol Muzyk

Cr Max O’Rielly 1.3 Not Present

Nil

2 CONFIRMATION OF MINUTES

COUNCIL RESOLUTION 2777

Moved: Cr Smallwood-Smith Seconded: Cr Onuzans

The Minutes of the Ordinary Council Meeting held 20 December 2016 be confirmed as a true and accurate record of proceedings.

CARRIED

3 DECLARATIONS OF INTEREST

Name:

Cr Dino Musolino

Conflict: Material

Item: 18.1 GRFMA Gawler River 2016 Flood Review

Description: I own land that was flooded in the 2016 flood event.

Was Minister approval granted for the Council Member to participate in the meeting, pursuant to section 74(3) of the Act?

No

Has Minister approval been provided to Council? No

Did the Council Member participate in the discussion of the matter? No

Did the Council Member remain in the meeting while the matter was being considered? No

Name: Cr Peter Rentoulis

Conflict: Perceived

Item: 18.1 GRFMA Gawler River 2016 Flood Review

Description: My parents own property near the Gawler River. However, the location of the property is some distance away from the intended works in the options; therefore, there is arguably no direct benefit or detriment. Also, the width and depth of the river at that point means that flooding is extremely unlikely.

Conflict Nature:

a. Indirect b. Personal

Addressing the Conflict:

Did the Council Member remain in the meeting? Yes

Did the Council Member remain in the meeting in order to maintain quorum?

No

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Ordinary Council Minutes 3 24 January 2017

If yes, how did the Council Member deal with the conflict?

I don’t believe there is any benefit or loss to my parents’ property as a result of my involvement. I will declare the perceived conflict of interest and will vote in the best interests in the City of Playford Council as a whole.

Outline any further steps the Council Member took to ensure transparency and accountability:

Nil

Voting

Did the Council Member vote on the matter? Yes

How did the Council Member vote on the matter? For Name: Cr Denis Davey

Conflict: Material

Item: 18.1 GRFMA Gawler River 2016 Flood Review

Description: Board Member selected by City of Playford

Was Minister approval granted for the Council Member to participate in the meeting, pursuant to section 74(3) of the Act?

No

Has Minister approval been provided to Council? No

Did the Council Member participate in the discussion of the matter? No

Did the Council Member remain in the meeting while the matter was being considered? No

4 MAYOR'S REPORT The Mayor participated in the following activities:

Playford Christmas Pageant Raffle Guest of Tennis SA at the World Tennis Challenge Officially opened the 2017 National Speed Skating Championships at Argana Park Visited Eureka Community Care Independent Living facility Attended the Government of South Australia and the Chinese Consulate-General’s

Office Dinner to celebrate the 2017 Chinese New Year and the 1st anniversary of the establishment of the Consulate- general in South Australia

National Growth Areas Alliance (NGAA) phone hook-up meeting with NGAA Chief Executive Officer

Attended the Vietnamese Cultural Centre of South Australia and the Vietnamese Farmers’ Association of South Australia’s Vietnamese New Year Celebration 2017

Attended the Australia Day Awards featuring the South Australian Citizen of the Year Awards

Various resident meetings Catch up meeting with Messenger Press – Playford 2017 Catch up meeting with Bunyip Press – Playford 2017 Meeting with Beds for Students International One Tree Hill Tour Down Under

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Ordinary Council Minutes 4 24 January 2017

Summary of Media Engagements

Mayoral Interviews

Seven News – Driverless car manufacturing Seven News - Medicinal cannabis proposal for Holden plant Seven News Bunyip - Holden’s closure date announced The Advertiser Bunyip - Holden’s closure date announced Bunyip - Holden’s closure date announced ABC Adelaide radio Bunyip - Holden’s closure date announced ABC AM Program – Holden’s closure date announced Northern Messenger Bunyip - Holden’s closure date announced Gawler Bunyip - Holden’s closure date announced The Advertiser – Playford Fringe festival FiveAA – Playford Fringe festival The Advertiser – Playford Medical Hub approval FiveAA – Playford Medical Hub approval Northern Messenger – Playford Medical Hub Northern Messenger – Playford Fringe festival Northern Messenger – Lawn bowls deal Northern Messenger – Free outdoor cinema Northern Messenger – Bird scaring advice Northern Messenger – Australia Day 2017 Northern Messenger – Citizenship Ceremony 2017 Gawler Bunyip – Playford Medical Hub Gawler Bunyip – Playford Fringe festival Gawler Bunyip – Ice Arena deal gains momentum Gawler Bunyip – Lawn bowls deal Gawler Bunyip – National Speed Skating competition Gawler Bunyip – Outdoor cinema Gawler Bunyip – Tour Down Under markets at One Tree Hill Gawler Bunyip – Uleybury’s NBN tower Gawler Bunyip – Spruance reserve consultation Gawler Bunyip – School holidays programs Gawler Bunyip – Australia Day 2017 Gawler Bunyip – New places of worship in Playford Channel 9 – United We Read Channel 9 – Holden’s closure date announced Inflight Magazine – Playford Smart City

Council Business – Proactive Media Releases

Various local media – Australia Day / Citizenship ceremony, Adelaide United Player’s Night, Playford Medical Hub and ‘Splash n bounce’

Sunday Mail – Local boxer Tony Caruso Northern Messenger – Playford Lawn Bowls club Northern Messenger – Playford Arena Northern Messenger – Bird scaring advice Northern Messenger – Playford Fringe Festival (Playford Palace) Northern Messenger – Spruance Road Northern Messenger – Angle Vale play spaces Northern Messenger – Tour Down Under markets at One Tree Hill Gawler Bunyip – Playford Lawn Bowls club Gawler Bunyip – Playford Arena Gawler Bunyip – Bird scaring advice

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Gawler Bunyip – Playford Fringe Festival (Playford Palace) Gawler Bunyip – Spruance Road Gawler Bunyip – Angle Vale play spaces Gawler Bunyip – Tour Down Under markets at One Tree Hill

5 REPORTS OF REPRESENTATIVES OF COUNCIL ON OTHER ORGANISATIONS

Cr Denis Davey

Gawler River Floodplain Management Authority (GRFMA) Special meeting regarding the Gawler River 2016 Flood review, 22 December 2016

6 REPORTS BY COUNCILLORS

Cr Denis Davey

Thanked the staff that worked during the office shutdown period between Christmas and New Year

Thanked Council staff, Maggie Dowling, Suzanne McHale, Kingsley Heron and Michael Evans for attending and assisting with the Christmas Day Lunch held at the Grenville Centre

Thank you to the media team for having the City of Playford on the “In Your

Garden” program with Kym Syrus Thank you to Rob McLean for the coverage on Facebook of the 2017 National

Speed Skating Championships at Argana Park Civic Events Committee Meeting

Cr Joe Federico

Acknowledged the efforts of the One Tree Hill Progress Association and the community for their efforts with the event coinciding with the Tour Down under event

Cr Dino Musolino

Cambodian Buddha Blessing Ceremony at Watt Preah Puth Mean Chey Association

Cr Gay Smallwood-Smith

One Tree Hill Tour Down Under Australia Day Council Luncheon Promoted the City of Playford Australia Day Event

7 REPORTS OF REPRESENTATIVES (CONFERENCES & TRAINING PROGRAMS) Nil

8 QUESTIONS WITHOUT NOTICE

8.1 SERVICE TIMEFRAMES (Cr Denis Davey)

Question: What are the timeframes for action and service following a CRS from a Council Member in relation to dumped rubbish; missing or damaged sign posts; collection of fallen tree branches; potholes and abandoned vehicles?

Response: CEO took the question on notice

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Ordinary Council Minutes 6 24 January 2017

8.2 SILVER LEAF NIGHTSHADE WEED (Cr Denis Davey)

Question: Is the City of Playford aware of the growing spread of Silver Leaf Nightshade on land under Council’s management, and, if so, what plans are in place to control it and how much will be budgeted in 2017?

Does Council have practices in place to reduce risk of spread of this declared weed into clean areas via slasher?

Response: CEO responded that staff are aware of the existence of the weed. In relation to the 2017 Budget, the Budget for 2017/18 has not yet been set so consideration could be given to including Budget to manage the Silver Leaf Nightshade Weed.

8.3 PROPOSED EXTENSION OF MEDLOW ROAD BALEFILL (Cr Denis Davey)

Question: Why was there no City of Playford consultation conducted to surrounding residents regarding the Medlow Road, Balefill proposed extension of operations?

Response: Deputy CEO responded that City of Playford itself would rarely undertake consultation with residents regarding waste management matters. There is a Balefill Management Committee and engagement has occurred with residents via NAWMA.

8.4 BRIEFING REQUEST PROPOSED EXTENSIONOF MEDLOW ROAD BALEFILL

(Cr Denis Davey)

Question: Can the City of Playford receive a briefing regarding the extension of the Medlow Road Balefill?

Response: Deputy CEO responded that a briefing can be provided to Council.

8.5 FLOODING BETWEEN THE NEXY AND KING ROAD (Cr Denis Davey)

Question: Following the flooding events at Christmas between the NEXY and King Road, what will be done to alleviate flooding issues in this area in the future?

Response: James Pollock responded that this budget year there is a project to update the NEXY Basin, enlarging the area towards the outer part of Smith Creek. Work will also be programmed to remove the weeds and reeds from Smith Creek.

8.6 REQUEST FOR REGULAR UPDATES ON THE CBD AND TENNIS CENTRE

PROJECTS (Cr Shirley Halls)

Question: Would like to receive quarterly updates on the CBD and the tennis centre projects including updates on timeframes?

Response: James Pollock advised the staff will schedule in quarterly update

8.7 CLARIFICATION REGARDING THE SIZE OF THE BALEFILL ON MEDLOW ROAD (Cr Federico)

Question: Requested clarification on what is considered the extension of the Balefill on Medlow Road – size or timeframe?

Response: Deputy CEO responded the extension is in relation to the timeframe.

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Ordinary Council Minutes 7 24 January 2017

8.8 WEED CONTROL (Cr Federico)

Question: Are Council Members aware that slashers should be blown down when moving from area to another to reduce the risk of spreading weeds. Is it responsibility of NRM Board weed control measures in conjunction with Council?

Response: James Pollock responded that single areas at a time are targeted when slashing and machines are cleaned before travelling to a different area. Question relating to the NRM NB

COUNCIL RESOLUTION 2778

Moved: Cr Halls Seconded: Cr Davey

That the questions without notice from:

Cr Denis Davey

Cr Halls

Cr Federico

and the accompanying responses be recorded in the minutes.

CARRIED

9 QUESTIONS ON NOTICE

Nil

10 PETITIONS

Nil

11 DEPUTATION / REPRESENTATIONS

Nil

12 MOTIONS WITHOUT NOTICE

Nil

13 MOTIONS ON NOTICE

13.1 MOTION ON NOTICE - COUNCIL MEMBER SUPPORT POLICY AMENDMENT

Cr Gay Smallwood-Smith withdrew her Motion on Notice.

14 COMMITTEE REPORTS

Chief Executive Officer Performance Review Committee

Nil

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Ordinary Council Minutes 8 24 January 2017

Civic Events Committee

Nil

Corporate Governance Committee

Nil

Services Committee

Nil

Strategic Planning Committee

Nil

15 STAFF REPORTS

Matters which cannot be delegated to a Committee or Staff.

15.1 AMENDMENT TO DELEGATIONS REGISTER Responsible Executive Manager : Sam Green

COUNCIL RESOLUTION 2779

Moved: Cr Baker Seconded: Cr Halls

1. Amendments to Delegations Register 1.1 In exercise of the powers contained in Section 44 of the Local Government Act 1999, the powers and functions delegated by the Council on 23 August 2016 to the person occupying the office of Chief Executive Officer of the Council, specified below are hereby amended on 24 January 2017 as indicated in Attachment 1 and in accordance with the Conditions and Limitations as specified:

1.1.1 Local Government Act 1999 (Attachment 1) 1.2 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated in the Schedule of Conditions and Limitations contained in each such proposed Instrument of Delegation. 2. Delegations made under Local Government Act 1999 2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the following Act(s) contained in the proposed Instrument of Delegation marked Attachment 1 and 2 are hereby delegated on 24 January 2017 to the person occupying the office of Chief Executive Officer of the Council subject to the Conditions and Limitations contained in the proposed Instrument of Delegation.

2.1.1 Local Nuisance and Litter Control Act 2016 (Attachment 2) 2.1.2 Water Industry Act 2012 (Attachment 3)

CARRIED

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Ordinary Council Minutes 9 24 January 2017

15.2 PROPOSED REVOCATION OF COMMUNITY LAND CLASSIFICATION - ALLOTMENT 48 MARK RD, ELIZABETH SOUTH AND ALLOTMENT 61 JOHN RICE AVENUE, ELIZABETH VALE Responsible Executive Manager: James Pollock

COUNCIL RESOLUTION 2780

Moved: Cr Joy Seconded: Cr Baker

1. Undertake community consultation to revoke the community land classification of

the whole of Allotment 48 Mark Road, Elizabeth South as described within Deposited Plan 91288 contained in Certificate of Title Volume 6109 Folio 466 and the whole of Allotment 61 John Rice Avenue, Elizabeth Vale as described within Filed Plan 130753 contained in Certificate of Title Volume 2700 Folio 112.

2. Following completion of the community consultation process, if no objections are received, present a report to the Minister for Planning seeking approval to revoke the community land classification over the above mentioned land.

3. If objections are received, a report will be presented to Council for further consideration prior to contacting the Minister for Planning.

CARRIED

15.3 BUDGET UPDATE REPORT - DECEMBER 2016 Responsible Executive Manager : Sam Green

COUNCIL RESOLUTION 2781

Moved: Cr Joy Seconded: Cr Smallwood-Smith

Council receives the Budget Update Report for period ending 31 December 2016 (Attachment 1).

CARRIED

16 INFORMAL DISCUSSION

Nil

17 FORWARD AGENDA

17.1 ORDINARY COUNCIL FORWARD AGENDA

Presenter: Mr Mal Hemmerling

Outcome: Council Members reviewed the Council forward agenda.

Cr Davey declared a conflict of interest and left the meeting room at 7:27 pm. Cr Musolino declared a conflict of interest and left the meeting room at 7:27 pm.

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Ordinary Council Minutes 10 24 January 2017

18 CONFIDENTIAL MATTERS

18.1 GRFMA - GAWLER RIVER 2016 FLOOD REVIEW Responsible Executive Manager : Sam Green

A. COUNCIL TO MOVE MOTION TO GO INTO CONFIDENCE

COUNCIL RESOLUTION 2782

Moved: Cr Sherwood Seconded: Cr Halls

Pursuant to Section 90 (2) of the Local Government Act 1999 an order is made that the public be excluded from attendance at the meeting, with the exception of:

Chief Executive Officer;

Deputy Chief Executive Officer;

General Manager City Services;

General Manager Strategic Projects and Assets;

Senior Manager Strategy and Policy;

Senior Manager Corporate Services; and

Minute Taker, in order to consider in confidence agenda item number 18.1 under Section 90 (3) (d) of the Local Government Act 1999 on the basis that:

(d) i) commercial information of a confidential nature (not being a trade secret) the disclosure of which 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) commercial information of a confidential nature (not being a trade secret) the disclosure of which would, on balance, be contrary to the public interest.

This matter is Confidential because specifically, this item discusses the Gawler River 2016 Flood Review, which makes recommendations that include the possibility of the Gawler River Floodplain Management Authority purchasing land for the purposes of flood control and reducing the flood risk to other land.

The disclosure of this information could reasonably be expected to confer a commercial advantage on a third party because the information details privately owned land areas that will be subject to changes in flooding.

The Council has considered the public interest in relation to whether to make this order. There is a public interest in Council meetings being conducted in a place open to the public. However the Council considers that the prevailing public interest in these circumstances is for Council to consider the GRFMA proposals and provide feedback to the GRFMA without generating speculation in improving or reducing land values prior to the GRFMA considering all feedback and making an overall decision.

The Council considers that, on balance, disclosure would be contrary to the prevailing public interest because the potential commercial impact that the disclosure of this information could cause to some landowners and the GRFMA. On the basis of this information, the principle that meetings should be conducted in a place open to the public has been outweighed in this instance; Council consider it necessary to consider this matter in confidence.

CARRIED

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Ordinary Council Minutes 11 24 January 2017

C. PROCEDURAL DECISION - TO DECIDE HOW LONG ITEM 18.1 IS TO BE KEPT IN CONFIDENCE

COUNCIL RESOLUTION 2784

Moved: Cr Joy Seconded: Cr Baker

Pursuant to Section 90(2) and Section 91(7) of the Local Government Act 1999, the Council orders that the following aspects of Item 18.1 be kept confidential in accordance with Council’s reasons to deal with this item in confidence pursuant to Section 90 (3) (d) of the Local Government Act 1999:

Report for Item 18.1

Attachment(s) for Item 18.1

Discussion for Item 18.1

Decision for Item 18.1 This order shall operate until the Gawler River Flood Management Authority releases the Gawler River 2016 Flood Review.

CARRIED

Cr Davey returned to the meeting room at 7:41 pm. Cr Musolino returned to the meeting room at 7:41 pm.

19 CLOSURE

The meeting closed at 7:41 pm.

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