Local Government Act 1999 COUNCIL CHAMBERS 10 … · COUNCIL CHAMBERS PLAYFORD CIVIC CENTRE 10 PLAYFORD BOULEVARD, ELIZABETH. ON . TUESDAY, 27 JUNE 2017. ... Cr Marilyn Baker Cr Andrew

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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, 27 JUNE 2017 AT THE CONCLUSION OF THE SERVICES COMMITTEE MEETING

The meeting commenced at 7:10 pm.

1 ATTENDANCE RECORD

1.1 Present MAYOR GLENN DOCHERTY – Principal Member

Cr Marilyn Baker Cr Andrew Craig Cr Denis Davey Cr Joe Federico Cr Shirley Halls Cr Michael Joy Cr Duncan MacMillan Cr Carol Muzyk Cr Jane Onuzans Cr Max O’Rielly 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 Acting General Manager, City Services Mr Gareth Dunne Senior Manager, Corporate Services Ms Rosemary Munslow Senior Manager, Finance Mr Anthony Spartalis Senior Manager, Strategy and Policy Mr Greg Pattinson Minute Taker Ms Susie Reichstein

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Ordinary Council Minutes 2 27 June 2017

1.2 Apologies

Cr Samantha Blake Cr Dino Musolino

1.3 Not Present

Nil

The Mayor welcomed the Venturer Scouts from Angle Vale to the meeting.

2 CONFIRMATION OF MINUTES

COUNCIL RESOLUTION 2899

Moved: Cr Federico Seconded: Cr Baker

The Minutes of the Ordinary Council Meeting held 23 May 2017 be confirmed as a true and accurate record of proceedings. The Minutes of the Special Council Meeting held 6 June 2017 be confirmed as a true and accurate record of proceedings. The Minutes of the Special Council Meeting held 13 June 2017 be confirmed as a true and accurate record of proceedings.

CARRIED

3 DECLARATIONS OF INTEREST

Name: Cr Carol Muzyk

Conflict: Perceived

Item: 14.1 Annual NAWMA Budget and Service Agreement

Description: I am a NAWMA Board Member and a member of the NAWMA Audit Committee.

Addressing the Conflict:

Did the Council Member remain in the meeting? No

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

No

4 MAYOR'S REPORT 6 June 2017 – 26 June 2017

The Mayor participated in the following activities:

Resident Meetings

Central District Versus Sturt Football Match

Business Launch Snap Fitness

Business Launch - Incredible Smile Dentist

Northern Carers Network 20 Year celebrations High Tea

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Presentation of the Premier’s Volunteer Awards to Keith and Helen Warren for their

service to the Playford Country Music Club

ALGA National General Assembly 2017

ALGA National Conference Dinner

National Growth Areas Alliance (NGAA) Meetings at Parliament House, Canberra

Chief Executive Officer, National Growth Areas Alliance (NGAA)

Ed Husic MP, Shadow Minister for Employment Services

Mary Wiley-Smith and Anthony MacGregor, from the Office of Prime Minister

and Cabinet

Nick Hannan, Advisor to Senator the Hon. Fiona Nash, Minister for Regional

Development and Minister for Local Government

Hon. Angus Taylor MP, Assistant Minister for Cities and Digital Transformation

ALP Growth Areas Breakfast

NGAA Members Lunch

Phoebe Drake, Advisor to Anthony Albanese MP, Shadow Minister for

Infrastructure, Transport, Cities and regional Development

Hon. Paul Fletcher MP, Minister for Urban Infrastructure

Geoff Mason, Senior Advisor to the Hon. Arthur Sinodinos, Minister for

Industry and Science

Pat Conroy MP, Shadow Assistant Minister for Infrastructure

Scott Ludlam MP, Co-Deputy Leader The Greens

Mike Mrdak, Secretary department of infrastructure

Ian Goodenough MP

Charles Pym, Senior Advisor to Hon Christian Porter, Minister for Social

Services

Officially opened the State Men’s Shed Muster and AGM

Central District Versus Adelaide Football Match

Rotary Club of Elizabeth, President’s Changeover Dinner

Elizabeth Netball Association Carnival Medal Presentation

Munno Para Senior Citizens Group, Life Membership Awards Presentation

Meeting with the Playford Landcare and Greening Group

Mayor and CEO meeting with Karen McColl, Liberal Candidate for Light

Summary of Media Engagements Mayoral Interviews

FIVEAA – Rating Review and outcome

7 News – Rating Review and outcome

9 News – Rating Review and outcome

Northern Messenger – Rating Review and outcome

Bunyip – Rating Review and outcome

Plains Producer – Rating Review and outcome

7 News Adelaide – Falcon swoops on Corellas

7 News Adelaide - Rugby on the rise

Northern Messenger – Plaza tenants EOI

Northern Messenger – State Budget wish list

Northern Messenger – Falcon wards off Corellas

Northern Messenger – Intersection upgrade

Northern Messenger – Stretton WIFI

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Northern Messenger – $10 dog microchipping

Bunyip – Free vaccines

Bunyip – Plaza EOI

Bunyip – Tennis centre update

Bunyip – Soccer

Channel 7 Today Tonight – Playford’s illegal dumping campaign

Council Business – Proactive Media Releases

Various local media – Tennis Centre nears completion

Seven News– Falcons ward off Corellas

Bunyip – Falcons ward off Corellas

Norther Messenger – Falcons ward off Corellas

Seven News- Rugby on the rise

Today Tonight – Illegal dumping

Northern Messenger – Free vaccines

Northern Messenger – Breast screening

Northern Messenger – Intersection fixed

Northern Messenger – $10 dog microchipping

Gawler Bunyip – Free vaccines

Gawler Bunyip – Breast screening

Gawler Bunyip – Intersection fixed

Gawler Bunyip – $10 dog microchipping

5 REPORTS OF REPRESENTATIVES OF COUNCIL ON OTHER ORGANISATIONS

Cr Denis Davey

Gawler River Floodplain Management Authority (GRFMA) Meeting

Cr Carol Muzyk

GRFMA Deputy Board Member, 15 June 2017

6 REPORTS BY COUNCILLORS

Cr Denis Davey

Playford Pentecostal Church Service

West Adelaide Versus Central District Football Match

Central District Versus Sturt

Central District Versus Adelaide

Cr Shirley Halls

Football Match – Port Adelaide Versus Central District

Disability Reference Group

Football Match Central District Versus Sturt

Disability Inclusion

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Cr Gay Smallwood-Smith

Represented the Mayor - Officially opened the Positives Futures Expo

Represented the Mayor – Attended the MLGG Think tank Luncheon (To explore the

implementation of a “Small business friendly Local Government Charter”)

Represented the Mayor – Attended the Northern Economic Forum Meeting at Port

Adelaide

Represented the Mayor – at the Northern Adelaide Special School commissioning of

the new bus donated by variety and Woolworths at Playford Alive

Celebrate refugees Dinner at Salisbury

7 REPORTS OF REPRESENTATIVES (CONFERENCES & TRAINING PROGRAMS)

Cr Andrew Craig

ALGA National General Assembly 2017, Canberra

Cr Denis Davey

ALGA National General Assembly 2017, Canberra

8 QUESTIONS WITHOUT NOTICE

8.1 ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITY REFERENCE GROUP (Cr Denis Davey)

Question: Can someone please explain the composition of the Aboriginal and

Torres Strait Islander Community Reference Group. There appears to be only three Kaurna people on the group out of nine members.

Response: CEO took the question on notice.

8.2 GAWLER EAST LINK ROAD (Cr Denis Davey)

Question: Why has it taken so long for the City of Playford to be notified of the

Gawler East Link Road, given that one of the roads involved in the project, Eckerman Avenue, is half Playford’s?

Response: Mr Pattinson advised Council was updated throughout the process and

Councillors were advised via memo.

RECOMMENDATION 2900 Moved: Cr Davey Seconded: Cr Craig That the Questions Without Notice from:

Cr Davey

And the accompanying responses be recorded in the minutes.

CARRIED

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9 QUESTIONS ON NOTICE

Nil

10 PETITIONS

10.1 PETITIONS RECEIVED AS PART OF RATING POLICY REVIEW CONSULTATION PROCESS

Contact Person: Sam Green

Council received 3 petitions as part of the Rating Policy Review consultation process. 1. This request has been actioned through sending the petitions electronically with

other feedback received with the Memo dated 1 June 2017. In addition, they formed part of the agenda for the 13 June 2017 Special Council meeting.

2. This request has been actioned and completed on 1 June 2017 and 13 June 2017.

3. This request does not require further action given that they were received and dealt with as part of the Rating Policy Review consultation process.

11 DEPUTATION / REPRESENTATIONS

11.1 COUNCIL RATES MR EL-MAHASSNI

Unable to attend due to work commitments.

12 MOTIONS WITHOUT NOTICE


Moved: Cr Baker Seconded: Cr Craig

That the City of Playford send a letter of appreciation to Mr Brian King thanking him for his service to NAWMA and the constituent Councils.

CARRIED

13 MOTIONS ON NOTICE

Nil

14 COMMITTEE REPORTS

Chief Executive Officer Performance Review Committee

Nil

Civic Events Committee

Nil

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Corporate Governance Committee

Nil

Services Committee

Matters which cannot be delegated to a Committee or Staff.

Cr Muzyk left the meeting room due to her conflict of interest at 7:24 pm.

14.1 ANNUAL NAWMA BUDGET AND SERVICE AGREEMENT Responsible Executive Manager : Maggie Dowling


Moved: Cr Sherwood Seconded: Cr Halls

1. Council endorse the 2017/18 NAWMA Budget 2. Council endorse the 2017/18 Annual Service Agreement between NAWMA and the

City of Playford

CARRIED

Cr Muzyk returned to the meeting room at 7:24 pm. Strategic Planning Committee

Matters which cannot be delegated to a Committee or Staff.

14.2 ADOPTION OF THE 2017/18 ANNUAL BUSINESS PLAN AND BUDGET AND 2017/18 RATING POLICY Responsible Executive Manager: Sam Green


Moved: Cr Joy Seconded: Cr O'Rielly

Adoption of Annual Business Plan 1. In accordance with Section 123 of the Local Government Act 1999 (the Act) and

Regulation 6 of the Local Government (Financial Management) Regulations 2011 (the

Financial Management Regulations), having considered all submissions in accordance with Section 123(6) of the Act, the Council adopts the City of Playford 2017/18 Annual Business Plan.

Adoption of Budget 2. In accordance with Section 123 of the Act and Regulation 7 of the Financial Management Regulations, Council adopts the City of Playford Budget for the 2017/18 financial year which includes:

budgeted Statement of Comprehensive Income 2017/18

budgeted Balance Sheet 2017/18

budgeted Statement of Changes in Equity 2017/18

budgeted Cash Flow Statement 2017/18

budgeted Uniform Presentation of Finances 2017/18

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budgeted statement of financial indicators noting that the budget consists of:

A total estimated operating income of $98.3M

A total estimated operating expenditure (including depreciation) of $100.8M

An operating result of a deficit of $2.5M Rating Policy 3. Council adopts the Rating Policy, set out at Attachment 2 of the Report to Council dated

27 June 2017 and titled “Adoption of the 2017/18 Annual Business Plan and Budget and 2017/18 Rating Policy”, noting that it is consistent with the general principles of rating as outlined in Section150 of the Act. Borrowings 4. In accordance with the Section 134 of the Act, Council authorises borrowings of up to a

maximum of $19.2M (after loan and land sale repayments of $12.7M) prior to 30 June 2018, in a manner complying with the Act. Adoption of Valuations 5. Pursuant to Section 167 of the Act , the Council adopts for rating purposes for the year ending 30 June 2018 the Valuer-General’s Capital Valuation of land within the Council’s area, being $11,620,646,280 of which $11,112,878,159 represents rateable land. Declaration of General Rate 6. Pursuant to Sections 152(1)(c),153(1)(b) and 156(1)(c) of the Act , the City of Playford declares the following general rate for the year ending 30 June 2018; to apply to all rateable land within the Council area based on the following two components :

6.1 one being a fixed charge of $941 6.2 the other being a differential general rate based on the value of the land varying according to land use as follows;

a) 0.233159 cents in the dollar on rateable land of land uses category 1 (residential), category 7 (primary production), category 8 (vacant land) and category 9 (other) land use. b) 1.400764 cents in the dollar on rateable land of land uses category 2 (commercial shop), category 3 (commercial office), category 4 (commercial other), category 5 (industry light) and category 6 (industry other) land use.

Maximum Increase for Principal Place of Residence 7. Pursuant to Section 153(3) of the Act, the Council has determined that it will not apply a

maximum increase (rates cap) on general rates to be imposed on rateable land constituting the principal place of residence of a principal ratepayer. Separate Rate (Natural Resources Management Levy) 8. Pursuant to Section 95 of the Natural Resources Management Act 2004 and Section

154(1) of the Act , the Council imposes a separate rate of 0.009851 cents in the dollar for the year ending 30 June 2018 on the capital value of all rateable land in the Council area and region of the Adelaide and Mount Lofty Ranges Natural Resources Management Board, so

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as to reimburse the Council for the amount contributed or to be contributed by the Council to the Adelaide and Mount Lofty Ranges Natural Resources Management Board of $1,044,335 Method of Payment of Rates 9. Pursuant to Section 181(1) and (2) of the Act, all rates imposed in respect of the 2017/18

financial year will fall due in four approximately equal instalments payable on:

1 September 2017;

1 December 2017;

1 March 2018; and

1 June 2018. Discretionary Rebates 10. Pursuant to Sections 159 (3) and 166(1) of the Act the Council grants a discretionary

rebate of rates of 10% in respect of land with a land use attribution of category 1 (residential), category 7 (primary production), category 8 (vacant land) and category 9 (other) land use and zoned rural. 11. Pursuant to Sections 159 (3) and 166(1) of the Act the Council grants a discretionary

rebate of rates of 10% in respect of land impacted by the Playford Growth Areas (Angle Vale, Playford North Extension, Virginia) Development Plan Amendment and Buckland Park Urban Growth Development Plan Amendment until the deposit of the final plan with the Lands Title Office. 12. Pursuant to Section 159 (3) and 166(1)(m)(ii) of the Act Council provides a discretionary rebate of rates in respect of land zoned commercial and located within the townships of Angle Vale, One Tree Hill and Virginia (the relevant land) in such amount so that the rates payable in 2017/18 amount to no more than 10% above the rates that would have been payable in 2016/17 in respect of the relevant land if Council’s rating structure had not changed in July 2010 (excluding the effects of valuation movements, changes in land use and the annual general rates increase set by the Council as part of the annual budget process) on the basis that Council considers it appropriate to provide relief in order to avoid what would otherwise constitute a liability that is unfair or unreasonable.

CARRIED

Cr Davey called for a DIVISION.

The motion was set aside. A division was taken with: ● Crs D Davey, M Joy, M O'Rielly, M Baker, J Federico, D MacMillan, J Onuzans, S

Halls, C Muzyk and A Craig voting FOR the motion. ● Crs A Sherwood, P Rentoulis and G Smallwood-Smith voting AGAINST the motion.

CARRIED

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14.3 ADOPTION OF 2017 / 2018 ASSET MANAGEMENT PLAN SUMMARY Responsible Executive Manager: James Pollock


Moved: Cr Baker Seconded: Cr O'Rielly In accordance with Section 122 of the Local Government Act 1999, Council adopts the Asset Management Plan – Summary of Plans 2017 / 2018.

CARRIED

14.4 ADOPTION OF THE 2017-18 / 2026-27 LONG TERM FINANCIAL PLAN Responsible Executive Manager : Sam Green


Moved: Cr Smallwood-Smith Seconded: Cr Joy In accordance with Section 122 of the Local Government Act 1999, Council adopts the 2017-18 / 2026-27 Long Term Financial Plan, with the following amendment: Table in Attachment 1 on Page 16 be updated:

CARRIED

14.5 FEES AND CHARGES 2017-18 Responsible Executive Manager : Sam Green


Moved: Cr O'Rielly Seconded: Cr Halls

In accordance with Section 188 of the Local Government Act, Council adopts the schedule of Council-approved fees and charges for 2017-18 as listed in Attachment 1

CARRIED

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15 STAFF REPORTS

Matters which can be delegated to a Committee or Staff but the Council has decided not to delegate them.

15.1 AMENDMENT TO DELEGATIONS REGISTER Responsible Executive Manager : Sam Green


Moved: Cr Federico Seconded: Cr Baker

1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive Officer to take

effect from 1 July 2017 those powers and functions under the following:

1.1.1 Dog & Cat Management Act 1995 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 Acts contained in the proposed Instruments of Delegation annexed to the Report marked Attachment 1 and 2 (each of which is individually identified as indicated below) are hereby delegated with immediate effect, except where otherwise indicated, to the person occupying the office of Chief Executive Officer of the Council subject to the Schedule of Conditions and Limitations in each such proposed Instrument of Delegation.

2.1.1 Dog and Cat Management Act 1995 - effective 1 July 2017 (Attachment 1)

2.1.2 Planning, Development and Infrastructure Act 2016 (Attachment 2)

2.2 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.

2.3 That the Instrument of Delegation marked Attachment 1 and 2 be added to the Delegations Register endorsed by Council on 23 August 2016.

CARRIED

Matters for Information.

15.2 BUDGET UPDATE REPORT - MAY 2017 Responsible Executive Manager : Sam Green


Moved: Cr O'Rielly Seconded: Cr MacMillan Council receives the Budget Update Report for period ending 31 May 2017 (Attachment 1).

CARRIED

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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.

18 CONFIDENTIAL MATTERS

18.1 NORTHERN CBD PROJECT - MULTI-DECK CAR PARK Responsible Executive Manager : James Pollock

A. COUNCIL TO MOVE MOTION TO GO INTO CONFIDENCE


Moved: Cr Craig 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;

Acting 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 Sections 90 (3) (b) (d) of the Local Government Act 1999 on the basis that:

(b) i) information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

ii) information the disclosure of which would, on balance, be contrary to the public interest.; and

(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 this item relates to a proposed development that a third party has conducted, on the request of administration, a report that provides indicative pricing for design and construct of a multi-storey carpark.

The disclosure of this information could reasonably be expected to prejudice the commercial position of the person who supplied the information and Council as if the proposal is endorsed, we will be required to go out for a design and construct contract.

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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

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


Moved: Cr Davey Seconded: Cr Smallwood-Smith

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 Sections 90 (3) (b) (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 next scheduled annual review of confidential items by Council at which time this order will be reviewed and determined in accordance with Section 91(9)(a) of the Local Government Act 1999.

CARRIED

19 CLOSURE

The meeting closed at 7:47 pm.

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Documents

Local Government Act 1999 COUNCIL CHAMBERS 10 … · COUNCIL CHAMBERS PLAYFORD CIVIC CENTRE 10 PLAYFORD BOULEVARD, ELIZABETH. ON . TUESDAY, 27 JUNE 2017. ... Cr Marilyn Baker Cr Andrew