minutes of council meeting for the town of gawler held 28 august ...

MINUTES OF COUNCIL MEETING 

FOR THE TOWN OF GAWLER 

HELD 28 AUGUST 2012, COUNCIL CHAMBER, TOWN HALL, 

89 MURRAY STREET, GAWLER, 

COMMENCING AT 7:01PM 

1. Statement of Acknowledgement 

The Deputy Mayor read the statement of acknowledgement: We would 

like to acknowledge this land that we meet on today is the traditional lands for 

the Kaurna people and that we respect their spiritual relationship with their 

country. We also acknowledge the Kaurna people as the custodians of the 

greater Adelaide region and that their cultural and heritage beliefs are still as 

important to the living Kaurna people today. 

2. Attendance Record 

2.1 Present Deputy Mayor David Hughes 

Councillors 

Kevin Fischer 

Diane Fraser 

Scott Fraser 

Dianne Hockley 

Paul Koch 

Barry Neylon 

Karen Redman 

Adrian Shackley 

Brian Thom 

Staff in Attendance 

Stephen Kerrigan 

Vic Izzo 

Gianni Cirelli 

John Coombe 

Cheryl Douyere 

Chief Executive Officer 

Director Corporate & Community 

Services 

Senior Manager Planning 

Consultant 

Minute Taker 

2.2 Apologies Nil

COUNCIL MEETING MINUTES 

28 AUGUST 2012 

2.3 Motions to Grant Leave of Absence 

274 

Moved by Cr D Fraser 

Seconded by Cr B Thom 

Motion No: 2012:08:253 

That Cr S Fraser be granted Leave of Absence from 11 – 14 

September and 28 September – 8 October 2012 inclusive. 

CARRIED 

Moved by Cr S Fraser 

Seconded by Cr K Redman 

Motion No: 2012:08:254 

That Cr D Fraser be granted Leave of Absence from 28 

September – 8 October 2012 inclusive. 

CARRIED 

2.4 Leave of Absence Mayor Sambell 

3. Confirmation of Minutes 

Moved by Cr B Thom 

Seconded by Cr S Fraser 

Motion No: 2012:08:255 

That the Minutes of the Council Meeting of 24 July 2012 (Folio 219 – 247) 

as presented be taken as read and are hereby confirmed as a true and 

correct record. 

CARRIED 



Motion No: 2012:08:256 

That the Minutes of the Special Council Meeting of 7 August 2012 (Folio 

248 – 250) as presented be taken as read and are hereby confirmed as a 

true and correct record. 

CARRIED 



Motion No: 2012:08:257 




CARRIED 



Motion No: 2012:08:258 




CARRIED 

 

Chair 

 

Date



275 

4. Business Arising from Minutes Nil 

5. Petitions Nil 

6. Deputations 

6.1 Mr David Pedler and Mr Aaron Phillips, Child and Youth Friendly 

Gawler Group (CYFGG) 

Elected Members asked questions and answers were provided. 

Deputy Mayor Hughes thanked Mr Pedler and Mr Phillips for their 

presentation. 

6.2 Ms Beryl Tearle – Lions Club of Gawler 

Refer to Attachment 1 


Deputy Mayor Hughes thanked Ms Tearle for her presentation. 

6.3 Mr Stephen Kerrigan and Ms Bridgett Leopold, Barossa Zone 

Emergency Management Committee (ZEMC) 


Deputy Mayor Hughes thanked Mr Kerrigan and Ms Leopold for their 

presentation. 

7. Public Open Forum 

7.1 Ms N Turner and Mr J Jones 

Ms Turner and Mr Jones expressed concerns related to Agenda Item 10.2 

Variation of a Land Management Agreement 


Deputy Mayor Hughes thanked Ms Turner and Mr Jones for their 

presentation. 

7.2 Mr Leon Budden Apex Club 

Mr Budden discussed the motion on notice regarding the Gawler Apex 

Club Project to erect free stand shelters in Apex Park. 


Deputy Mayor Hughes thanked Mr Budden for his presentation. 

7.3 Mr Brenton Williams, Southern Gawler 

Mr Williams expressed concerns regarding Item 10.7 – Southern Gateway 

Entrance Statement Sculpture and the description of the area in the 

report. 


Deputy Mayor Hughes thanked Mr Williams for his presentation. 

 

Chair 

 

Date

8. Notices of Motion 



276 

8.1 Gawler Apex Club Project 



Motion No: 2012:08:259 

That:- 

1. Council support and approve the Gawler Apex Club project to 

erect free standing shelters (as per attached planning consent) 

over the existing barbecue areas with-in Apex park, Julian 

Terrace Gawler. 

2. The new Barbecue being purchased by the Gawler Council and 

installed by the Gawler Apex Club as a replacement for the 

defunct Barbecue in Apex Park be of the same design as the 

existing Barbecue adjacent to the children’s Play Area. 

Formal motion 


Seconded by Cr K Fischer 

That the motion be put. 

LOST 

Cr S Fraser called for a Division. 

For: 

Against: 

Cr B Thom, Cr K Fischer, Cr D Fraser and Cr S Fraser 

Cr B Neylon, Cr A Shackley, Cr D Hockley, Cr P Koch and Cr K Redman 

Deputy Mayor confirmed the Formal Motion was LOST 

Discussion continued on Item 8.1 – Gawler Apex Club Project 

The Deputy Mayor put the original motion and motion was CARRIED 

8.2 Cr K Fischer 

Moved by Cr K Fischer 


Motion No: 2012:08:260 

That the Motion on Notice (Item 8.2) regarding Martindale Nursing 

Home be deferred to 16.3 Confidential Reports. 

CARRIED 

 

Chair 

 

Date



That a 5 minute break be granted 



277 

CARRIED 

8:29pm meeting adjourned 

8:35pm meeting resumed 

9. Questions on Notice Nil 

10. Officer Reports 

Item 10.1 – Hillier Development Plan Amendment (CC10/2924) 

Moved by Cr A Shackley 

Seconded by Cr D Hockley 

Motion No: 2012:08:261 

That Council defer consideration of the Hillier DPA until Council has received a 

further report from the EPA on noise issues raised in the Sonus report. 

CARRIED 

Item 10.2 – Variation of a Land Management Agreement (DA 490/D015/09 & DA 

490/163/09) 


Seconded by Cr P Koch 

Motion No: 2012:08:262 

That Item 10.2 – Variation of a Land Management Agreement be deferred 

pending legal and additional information to Council, if possible, for the 

September 2012 Council meeting. 

CARRIED UNANIMOUSLY 

Item 10.3 – By-Laws Review (CC10/1627) 



Motion No: 2012:08:263 

That:- 

1. Pursuant to Section 246 of the Local Government Act 1999: 

1.1. There being at least two-thirds of the Members of Council present; and 

1.2. Having considered: 

1.2.1. By-law No. 1 – Permits and Penalties; 

 

Chair 

 

Date



278 

1.2.2. By-law No. 2 – Moveable Signs; 

1.2.3. By-law No. 3 – Roads; 

1.2.4. By-law No. 4 – Local Government Land; and 

1.2.5. By-law No. 5 – Dogs 

(together the By-Laws reproduced at Attachment 1 to Item 10.3 on the 

agenda for the meeting of Council held on 28 August 2012) in light of the 

National Competition Policy and the Reports prepared on the Nation 

Competition Policy with respect to the By-laws (reproduced at 

Attachment 3 to Item 10.3 on the agenda for the meeting of Council held 

on 28 August 2012; and 

1.3. Having considered all submissions and recommendations made on the 

By-Laws, Council makes the By-Laws in exercise of the powers 

contained in the Acts Interpretation Act 1915, the Dog and Cat 

Management Act 1995, the Local Government Act 1999 and the Local 

Government Act 1934. 

2. The Chief Executive Officer be authorised to sign the By-Laws as made by 

Council. 

3. The Chief Executive Officer be authorised to publish notice of the making of 

the By-Laws in “The Bunyip”. 

4. The Chief Executive Officer be authorised to arrange for the By-Laws to be 

published in the Government Gazette. 

5. The reports to the Legislative Review Committee on the By-Laws 

(reproduced at Attachment 3 to Item 10.3 on the Agenda for the meeting of 

Council held on 28 August 2012), be adopted and be signed by the Chief 

Executive Officer on Council’s behalf. 

6. The Chief Executive Officer be authorised to arrange for the By-Laws and 

all other necessary documentation to be provided to the Legislative Review 

Committee. 


Item 10.4 – Consent to Rescind an Existing Land Management Agreement – 

Evanston South Pty Ltd (Lanser Communities) (DA 490/D033/11) 


Seconded by Cr D Fraser 

Motion No: 2012:08:264 

That Council authorise the Mayor and Chief Executive Officer to sign and apply 

the common seal of Council to all relevant documents in order to execute the 

documents pertaining to: 

1. The lodgement of a Plan of Division (RTU Document), to allow creation of 

development allotments by Evanston South Pty Ltd 

(DA 490/D033/11) with the Lands Titles Office, and 

2. The rescission of allotments 1 – 24 and 90 - 138 within land division 

approval plan (DA 490/D033/11) from the ambit of the Land Management 

Agreement in place over the development site. 


 

Chair 

 

Date



Item 10.5 – Development Assessment Panel Vacancy (CC10/2152) 

279 



That:- 

1. Council resolve to not appoint an independent member of the Development 

Assessment Panel to fill the current vacancy given the small number of 

expressions of interest received by Council, the need for both applicants to 

receive training in formal DAP procedures and as the term of the existing panel is 

nearing its end. 

2. Council thanks the two applicants for their expressions of interest, and invite them 

to re-apply when expressions of interest for the new term of the DAP are sought 

in coming months. 

3. Staff prepare a report for a future Council meeting to review allowances paid to 

independent DAP members and allow recruitment to commence for the new term 

of the DAP (December 2012 – December 2014). 

LOST 

Moved by Cr K Redman 


Motion No: 2012:08:265 

That Council: 

1. Considers that Sharon Jardine is a fit and proper person to be a member 

of a Development Assessment Panel; and 

2. Determines that Sharon Jardine is a person with a reasonable 

knowledge of the relevant operation and requirements of the 

Development Act and has appropriate qualifications and experience in 

fields relevant to the activities of the Panel, and considered in 

conjunction with the qualifications and experience of the other members 

of the Panel, assists in providing a reasonable balance across the fields 

relevant to the Panel; and 

3. Appoints Sharon Jardine as a Member of the Council Development 

Assessment Panel for a term ending 18 December 2012. 



Motion No: 2012:08:266 


That Council staff prepare a report for a future Council meeting to review 

allowances paid to independent DAP members and recruitment commence for 

the new term of the DAP (December 2012 – December 2014). 

CARRIED 

 

Chair 

 

Date



280 

Item 10.6 – Land Management Agreement Proposal (DA490/D49/07, DA490/396/11 

and DA490/C27/12) 


Seconded by Cr A Shackley 

Motion No: 2012:08:267 

That Council authorise the Mayor and Chief Executive Officer to sign and apply 

the common seal of Council to all relevant documents in order to execute the 

documents pertaining to a Land Management Agreement between V & T 

Vallelonga. This LMA relates to site contamination mitigation measures at 

Allotment 50, Paterson Terrace, Gawler (Certificate of Title 5795/232 and 

Development Application numbers 490/D49/07, 490/396/11 and 490/C27/12). 


Item 10.7 –Southern Gateway Entrance Statement Sculpture (CC10/2435) 



Motion No: 2012:08:268 

1. That Council, seek agreement of Southern Urban Areas Infrastructure 

Delivery Fund Deed signatories, to use up to $200,000 (excluding GST) 

from the Fund for the Southern Gateway Entrance Statement Sculpture 

Project. 

2. That Council Officers report to a future Infrastructure and Environmental 

Services Committee meeting on the Sculpture Project, landscaping 

proposals for the Open Space Zone adjacent main North Road and 

contractual or other arrangements which need to be put in place to 

facilitate the Sculpture and Landscaping proposals. 

CARRIED 

Item 10.8 - Grant Funding for Two Additional Bus Shelters (CC11/368) 



Motion No: 2012:08:269 

That Council apply for the funding entitlement as stated by the Department of 

Planning, Transport and Infrastructure for the supply and installation of an 

additional two shelter structures at the following locations: 

1. Bus Stop 102 / East Murray St, opposite Coles already noted from previous 

public consultation as a possible location. 

2. Bus Stop 128 / North Lyndoch Rd, position of old shelter already noted as 

requiring replacement. 

3. Council costs issues be discussed on this subject, at the next 

Infrastructure & Environmental Services Committee Meeting. 


 

Chair 

 

Date



Item 10.9 Review of Gawler Sport and Swimming Centre Operations (CC12/105) 




Motion No: 2012:08:270 

1. That the Review of Gawler Sport and Swimming Centre Operations report 

be received. 

2. That the new organisational structure amalgamating the activities of the 

Gawler Sport & Community Centre and the Gawler Swimming Centre into 

the Gawler Aquatic & Recreation Services be noted. 

3. That Council approve the engagement of Mr Alan Male of AMA Leisure to 

provide operational and strategic advice during the 2012/13 financial year 

within the budget allocation. 

4. That Council approve the name change of the Gawler Swimming Centre to 

the Gawler Aquatic Centre. 

5. That Mr Alan Male’s engagement be subject of a review and report to 

Council by 1 February 2013. 


Seconded by Cr B Neylon 

That an extension of time be granted to 10:45pm 

CARRIED 

Amendment 



1. That the Review of Gawler Sport and Swimming Centre Operations report be 

received. 

2. That the new organisational structure amalgamating the activities of the Gawler 

Sport & Community Centre and the Gawler Swimming Centre into the Gawler 

Aquatic & Recreation Services be noted. 

3. That Council approve the engagement of Mr Alan Male of AMA Leisure to provide 

operational and strategic advice at a cost of up to $10,000 (excluding GST) for 

the remainder of 2012. 

4. That Council approve the name change of the Gawler Swimming Centre to the 

Gawler Aquatic Centre. 

The original motion was put and CARRIED 

Cr K Redman called for a Division. 

LOST 

For: 

Against: 

Cr B Thom, Cr K Fischer, Cr S Fraser, Cr D Fraser and Cr B Neylon 

Cr A Shackley, Cr D Hockley, Cr P Koch and Cr K Redman 

Deputy Mayor confirmed the motion was CARRIED 

 

Chair 

 

Date



Item 10.10 – Confidentiality Provision Update (CC10/2351) 




Motion No: 2012:08:271 

That the Confidentiality Provision Update report be received. 


Item No. 10.11 - Council Operating Hours – Christmas/New Year (CC10/522, 

CC10/874) 



Motion No: 2012:08:272 

That:- 

1. The Council Operating Hours – Christmas/New Year report be received; and 

2. The closure of Council offices during the non-public holiday period of 24, 

27, 28 and 31 December 2012, be noted. 


Item 10.12 – December 2012 Council Meeting (CC10/549) 



Motion No: 2012:08:273 

That the December 2012 ordinary meeting of Council be held on Tuesday 

18 December 2012. 



Motion No: 2012:08:274 


That the December Infrastructure & Environmental Services Committee 

meeting be brought forward 1 week to the 4 December 2012. 


 

Chair 

 

Date



Item 10.13 – Delegations Amendments (CC10/2659) 




Motion No: 2012:08:275 

1. That Council endorse the amended delegations to the Chief Executive 

Officer, as detailed in: 

1.1 Local Government Act (page 29) 

1.2 Development Act 1993 (pages 33 & 34) 

1.3 Development Regulations 2008 (page 38, 39, 49 & 57) 

2 That 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. 



Motion No: 2012:08:276 

CARRIED 

That Council Officers prepare a report on Instrument of Delegation under the 

Development Regulations 2008, Number 60 Non-Complying Development 

(p. 39) to the next Infrastructure & Environmental Services Committee Meeting. 

CARRIED 

Item 10.14 – Procedures at Meetings Regulation 2012 – Consultation Document 

(CC10/549) 



Motion No: 2012:08:277 

1. That the Procedures at Meetings Regulation 2012 – Consultation 

Document report be received. 

2. That Council agrees with the LGA comments except for p101 Issue 2 

Point 3 – requiring ‘a person to be in his or her seat to vote’. 




That a 5 minute break be granted 

CARRIED 

10:26pm meeting adjourned 

10:34pm meeting resumed 

 

Chair 

 

Date




Item 10.15 – Gawler River Flood Prone Areas DPA – Confidential Provision Report 

(CC10/2806) 



Motion No: 2012:08:278 

That:- 

1. The Gawler River Flood Prone Areas DPA – Confidential Provisional Report 

be received. 

2. Council note the Chief Executive Officer has used delegated authority and 

revoked the confidential order made under Motion 2012:02:039 and the 

Gawler River Flood Prone Areas DPA reports (as listed below) and 

attachments have been inserted in the Public Minute book and included on 

the website. 

2.1. 8 April 2008, Motion IES:2008:04:038, 039 

2.2. 22 April 2008, Motion 2008:04:119 (a) (b) 

2.3. 14 April 2009, Motion IES:2009:04:035, 036 

2.4. 22 September 2009, Motion 2009:09:326, 326 

2.5. 24 February 2010, Motion 2010:02:048, 049 

2.6. 3 August 2010, Motion 2010:08:219, 220 

2.7. 27 February 2012, Motion 2012:02:37, 38, 39 

Item 10.16 – STARCLUB Field Officer Program (CC12/189) 



Motion No: 2012:08:279 

CARRIED 

That Council decline the offer of funding from the Office for Recreation and 

Sport to participate in the STARCLUB Field Officer Program. 


10:34pm C Douyere returned to the Chambers 

10:35pm G Cirelli returned to the Chambers 

 

Chair 

 

Date



Item 10.17 – Gawler Swimming Centre Fees 2012/13 (CC10/2028) 




Motion No: 2012:08:280 

1. That the Gawler Swimming Centre fees 2012/2013 report be received; 

2. That Council approve the following amendments to the 2012/2013 fees at 

the Gawler Swimming Centre: 

Fee 

Spectator (free if 

accompanying paying 

child) 

GST Qty 2011/12 2012/13 2012/13 

Y/N 

Adopted Amended 

Y Each - $3.00 $3.00 

Family Season Pass Y N/A N/A $300.00 $350.00 

Adult Season Pass Y N/A $200.00 $150.00 $200.00 

Child Season Pass Y N/A $150.00 $120.00 $150.00 

Lane Hire Y Per Hr $20.00 $21.00 $20.00 


11. Recommendations from Committees 

11.1 Special Infrastructure and Environmental Services Committee Meeting 

– 2 August 2012 




That Council note the recommendations from the Special 

Infrastructure and Environmental Services Committee meeting 

held on 2 August 2012, being: 

Item 5.1 – Hillier Development Plan Amendment (CC10/2924) 

Motion No. IES:2012:08:14 

That:- 

1. Statutory consultation with government agencies and the 

public has been undertaken in accordance with Section 25 

of the Development Act 1999; Regulations 10A and 11A of 

the Development Regulations 2008 and the agreed 

Statement of Intent. 

2. Pursuant to Section 25 (11) (c) of the Development Act 

1993 the Town of Gawler Infrastructure and Environmental 

Services Committee recommend to Council that the 

following amendments be made to Hillier Development 

Plan Amendment in response to agency and public 

consultation:- 

a) The insertion of the following Principles of 

Development Control into the Evanston 

Gardens/Evanston South Residential Policy Area 4. 

 

Chair 

 

Date




i. Development areas affected by aircraft noise 

should be consistent with Australian Standard 

AS 2021:- Acoustic – Aircraft Noise Intrusion – 

Building Siting and Construction. 

ii. Development, including land division, should 

not occur where site contamination has 

occurred unless the site has been assessed and 

remediated as necessary to ensure that it is 

suitable and safe for the proposed use. 

b) Map GA/1 (overlay 1) Structure Plan be amended to 

include the location of the stormwater retention 

basin. 

c) The Department of Planning, Transport and 

Infrastructure’s (DPTI) ‘Overlay 3 – Noise and Air 

Emissions’ South Australian Planning Policy Library 

module be included. 

3. The Committee notes the following recommendation:- 

iii. Development adjacent the Gawler Bypass and 

Jack Cooper Drive should be designed and 

constructed to ensure that predicted external 

noise levels associated with road traffic on all 

proposed residential allotments do not exceed 

52dB(A) during the day-time (7am-10pm) and 

requests information on the implication on the 

change for the structure plan and principles in 

Attachment E. 

4. Council requests information on map showing percentage 

of lands affected by level of 1:100 year flood level. 

5. Map with DPA area denoting ownership boundaries. 


11.2 Elderly Centre Management Committee Meeting – 3 August 2012 

Moved by Cr B Neylon 



That Council note the recommendations from the Elderly Centre 

Management Committee meeting held on 3 August 2012, being: 

Item 6.1 – Equipment and Property Condition (standard agenda item 

included for discussion) 

Motion: ECMC: 2012:08:09 

That each group provide a representative to assist Beth Hudman 

in the restocking of the kitchen with new crockery and cutlery. 


 

Chair 

 

Date




11.3 Infrastructure and Environmental Services Committee Meeting – 

14 August 2012 

Cr B Thom declared a conflict of interest in Item 9.1 – Immanuel Primary School – 

School Lane as he regularly uses the lane and is an adjoining land owner. 

10:38pm Cr B Thom left the Chamber 




That Council endorse the recommendations from the 

Infrastructure and Environmental Services Committee (Item 9.1 - 

Immanuel Primary School – School Lane) meeting held on 

14 August 2012, being: 

Item 9.1 – Immanuel Primary School – School Lane (CC12/497) 

Motion No: IES:2012:08:16 

That:- 

1. Council support the ongoing work by staff to investigate 

options to improve traffic management on School Lane for 

further consideration by Council. 

2. Council’s agreement to undertake further investigations 

does not indicate or agree that it will ultimately contribute 

financially to any identified upgrade. 

10:39pm Cr B Thom returned to the Chamber 

CARRIED 

Moved by Cr P Koch 



1. That Council staff continue with consultation with the Gawler High 

School and Evanston Primary School Governing Councils, Member for 

Light and any relevant State Government Departments regarding 

treatments that will alleviate short term traffic movement and parking 

issues on Barnet Road related to the expansion of the Gawler and 

District College B-12. This discussion to include possible options for 

paying for any suggested works. 

2. Council accept that new traffic arrangements are likely to be required as 

short term measures to improve traffic management and road safety 

associated with the Gawler and District College B-12 operation. 

3. Council support the proposal to have the chosen traffic management 

scheme operational during term 4 this year to allow assessment and 

modifications as necessary prior to the start of the new Gawler and 

District College B-12 in Term 1, 2013. 

 

Chair 

 

Date




4. That Council staff investigate, in consultation with Gawler High School 

and Evanston Primary School Governing Councils, Member for Light 

and any relevant State Government Departments the location and 

construction of a safe crossing point across Para Road. This discussion 

to include possible options for paying for the crossing. 



CARRIED 

That an extension time be granted to 11:15pm 

CARRIED 




That Council endorse the recommendations from the 

Infrastructure and Environmental Services Committee (Item 9.3 – 

Towm Centre Master Plan and Motions without Notice) meeting 

held on 14 August 2012, being: 

Item 9.3 – Town Centre Master Plan (CC12/496) 


That:- 

1. Council endorse the review of the traffic intervention 

proposed at the following junctions / intersections identified 

in the Traffic Master Plan as part of the Infrastructure and 

Community Assets Project. 

1.1. Calton Road/ Murray Street/ Walker Place 

1.2. Murray Street/ Murray Street (South)/ Bridge Street 

South 

1.3. Bridge Street South/ Julian Terrace 

1.4. Walker Place/ Whitelaw Terrace/ Julian Terrace 

2. Council officers undertake a workshop with Elected Members 

to discuss further streetscape priorities of the Town Centre 

Master Plan Precinct. 

3. Funding for the project be referred to the first budget review 

for the 2012/13. 

Motions Without Notice 


That at the next appropriate Council workshop, an agenda item 

be included which relates to the possible future interaction 

between Council and business owners to foster the beautification 

of the streetscape. 

 

Chair 

 

Date





That the relevant State authorities be notified that Council wishes 

the road adjacent Gawler High School be known as Barnet Road 

and not Barnet Street. 


11.4 Gawler Youth Advisory Committee Meeting – 1 August 2012 




That Council note the recommendations from the Gawler Youth 

Advisory Committee meeting held on 1 August 2012, being: 

Item 9 – Motions Without Notice 

Motion No: 2012:08:01 

That youth focussed social media sites, such as Facebook, be 

established, that are auspiced by Council, within the next six 

months. 

Motion No: 2012:08:02 

That:- 

1. The filling of the youth officer position be given priority; 

2. The youth officer to be suitable qualified and experienced in 

the youth services sector or related disciplines; 

3. Experience in areas such as, but not limited to, Youth Arts 

programs would be desirable. 


12. Questions without Notice - Nil 

 

Chair 

 

Date

13. Motions without Notice 



290 

10:50pm G Cirelli left the meeting 




That the preferred design for the Gawler Aquatic Centre ‘facility colours and 

design’ be a modification of Version 7 including the following features: 

1. Small wave pattern to be in ‘dark limestone’ to produce a contrast effect. 

2. ‘Gawler Aquatic Centre’ to be displayed horizontally across the building 

in consistent font with capital letters only for the beginning of each 

word. 

3. The vertical Gawler logo to be removed. 

CARRIED 




That Council support ongoing work by staff to engage with Light Regional 

Council, DPTI, and other stakeholders to create extensions and connections to 

the Gawler Rivers Path Tapa Pariara including to NEXY, Jack Bobridge path, 

through Hewett and between Willaston and Paternoster Road. Council requests 

a report to a Council meeting or Special Council meeting as soon as possible 

to sort out priorities and process related to applying for a regional grant. 


 

Chair 

 

Date

15. Elected Member report 



291 

15.1 Cr P Koch 

Elected Member’s report Cr Paul Koch - August 2012 

Renew Adelaide. 

On Tuesday the 20 th of August Sigrid Murljacic and I had a meeting in town with Ianto 

Ware from Renew Adelaide. 

Ianto detailed the process around linking property owners with artist. The aim is to 

facilitate the access to vacant buildings for artists. 

A big concern for property owners and agents, is that they feel if they have someone 

in the building, they will find it difficult to rent it out long term. To overcome this, legal 

agreements are drawn up, in particular that an artist will vacate a premises on short 

notice. Also, very prominent signs are displayed explaining the program and 

indicating the property is available for lease. 

Renew Adelaide have templates of legal agreements that can be used to cover the 

use of the properties. These include access agreements as well as the short term 

leases. 

This is a very attractive initiative to help lift the activity of main streets by bringing 

artists, who would not normally have high profile locations, to display their work. It 

also provides a low cost entry point for artists as they test the potential of having 

gallery space. In some cases artists move from being part of this program and take 

out a lease with the property owner in their own right. 

Essentially the program is an agreement between the artist and the property owner, 

brokered by Renew Adelaide or a local organization, with a Council really having very 

little input. To encourage the overall initiative in our town, it may be beneficial for 

Council to offer a measured rate rebate to help in the process. A rebate may be the 

incentive for a property owner to become part of the program. 

If encouraged, I feel the program would have beneficial outcomes for the main street 

and the town overall. 

Combined School Councils meeting. 

Also on Tuesday the 20 th I attended the joint meeting of the Gawler High School and 

Evanston Primary School Governing Councils. 

The development of the Gawler and District College B-12, is progressing very well 

with the building work on track for opening next year. A new principal has been 

appointed for the school, Ms Gerri Walker, who is busy finalizing all the logistic 

issues around opening a new school. 

One of the biggest concerns voiced at the meeting was around traffic management 

and safe student movement. 

The first is crossing over Para Road. Currently there is a crossing, with lights, across 

Para Road used by students from Evanston Primary. When this school is closed this 

crossing point will be decommissioned. There is a concern around having a suitably 

located safe crossing point across Para Road south of the rail line, in particular to 

access the train station. 

The parents are very concerned about having a safe crossing point and I would hope 

we as a community can come to a practical solution to the problem. 

 

Chair 

 

Date



292 

The second concern is traffic management around Barnet Road. At the moment 

there has been no decision made regarding traffic movement and parking in front of 

the new school. The meeting noted that some practical solutions to the problem have 

been put forward by Council staff. This is a serious concern given the range of ages 

of students who will be attending the new school. Given the timeframe we have to 

work with, the combined School Councils are very eager that a solution be found and 

implemented. 

I also took the opportunity to speak to the meeting about Gawler Connect. I provided 

a broad outline of the potential project and the process around community 

consultation. I received a lot of positive comments, in particular the need to upgrade 

the facilities and how people would benefit and utilise the facility. For example 

students using the research options and people accessing the NBN. 

Cr Paul Koch 

26 th August 2012. 

 

Chair 

 

Date



293 

15.2 Cr K Redman 

Elected Members Report Cr Karen Redman 28/8/2012 

Gawler Connect Workshop held 25/8/2012 

On Saturday, 25/8/2012, a workshop for the Gawler Connect Working Party was held 

with the aim to develop and refine the concept for the redevelopment of the Institute 

and Town Hall. This workshop came about as part of the working party deliberations 

and desire to develop a concept plan as a first step towards a proposal to take to 

both Council and the community. 

Facilitated by Ms Denise Schumann, Gawler Heritage Collection Consultant, and with 

support from Ms Jenny Fleming, Grants Writer, Town of Gawler, the workshop was 

conducted from 10.30am until 3pm. 

Participants included: Cr Karen Redman, Convenor, Deputy Mayor Hughes, Cr 

Adrian Shackley, Cr Diane Fraser, Cr Paul Koch, Cr Brian Thom, Mr Paul Barnet, Ms 

Jenny Fleming, Mr Vic Izzo, Cr Barry Neylon, Ms Helen Hennessy, Manager Library 

Services Town of Gawler, Ms Charlotte Williams, RDA Barossa. 

Over the course of the day participants were challenged to articulate a concept of 

what the two buildings could be as part of a heritage/cultural/digital hub. What does 

this mean What are the key components and how will it take shape Who will be the 

users of this new facility What will Gawler look like in 10 years and what importance, 

if any, will these 2 buildings have at that time 

What are the issues we face now What are the barriers 

Ideas discussed included: 

• The importance of the Institute and Town Hall as landmark buildings in 

Gawler with a rich history 

• The issue that now the Institute hall needed a new role given the excellent 

choice of modern facilities in Gawler 

• The condition of the buildings has deteriorated over time due to lack of 

ongoing maintenance over a long period and this has created a sense of 

urgency that ‘we must get it right this time’ to ensure success of the project 

and sustainability of the buildings 

• The issue of the Gawler Heritage Collection and a desire to house this 

important part of Gawler’s history in a proper way so the community can 

access and enjoy what is significant Australian colonial history right here in 

Gawler 

• The fact that the NBN rollout will include the two buildings and the capacity to 

showcase modern technology through roll in, roll out showcase modules 

• The need to support the central business district and provide leadership 

through a major investment in the Mainstreet that will bring residents and 

visitors alike back to the centre of Gawler 

• The linkages that will be created from Tapa Pariara and potential improved 

walkways through to the facility 

• The need to upgrade the existing library that will underpin the redevelopment 

• The idea that the two buildings will be one facility rather than 2 distinct entities 

• The concept of multi use spaces that could be changed depending on the 

need at the time 

• The acknowledgement that social inclusion and cross-generational access 

will be a high priority for the centre 

 

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• The uptake of such a facility for key groups such as government departments, 

local and regional schools, young people who would now have a sense of 

ownership in the mainstreet and want to come to the facility 

• The importance of the hub to the region as a whole 

• The costs of such a project weighed up against the importance for the 

community in the long term 

• The Regional Development Australia Fund (RDAF) application process, 

challenges and opportunities 

After much discussion and some reflection, it was decided that Ms Schumann and 

Ms Fleming will collate the ideas and draft a concept document for circulation to 

working party members. Once this draft is agreed upon, a report will come to an 

upcoming Council meeting, likely to be a Special Meeting for further discussion at 

that time. If there is support, concept drawings will then be commissioned with a 

Community Engagement Plan to follow to gauge community views, seek feedback 

and inform the working party as part of the overall process. The Regional 

Development Australia Fund application process will occur in conjunction with the 

concept drawings phase. At this time the criteria for the next round of funding has not 

been released however it is hoped the project will be eligible and ready to apply as 

part of the funding rounds coming up later this year. 




That Cr P Koch and Cr K Redman’s Elected Members verbal reports be 

received and written reports be included in the minutes. 


 

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16. Confidential reports 

Item 16.1 – Chief Executive Officer Recruitment Process (CC12/309) 



Motion No: 2012:08:290 

That:- 

1. Until the negotiations regarding the Chief Executive Officer’s recruitment 

and employment arrangements are finalised, it is considered appropriate to 

keep the internal and working documents and the discussions confidential. 

2. Under the provisions of Section 90(2) of the Local Government Act, 1999, 

an order be made that the public be excluded from attendance at the 

Meeting excepting John Coombe from John Coombe Consulting and 

Minute Taker in order to consider Item 16.1 in confidence, under the 

provisions of Section 90(3)(a) and (k) of the Act regarding information 

relating to: 

(a) information the disclosure of which would involve the 

unreasonable disclosure of information concerning the personal 

affairs of any person (living or dead); 

(k) tenders for the supply of goods, the provision of services or the 

carrying out of works; 

3. 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. 


The public gallery (and staff including the Chief Executive Officer) left the Chamber. 

Confidential session commenced at 11:05pm 



That an extension of time be granted to 11:30pm 

CARRIED 

 

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Motion No: 2012:08:292 



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That: 

1. An order be made under the provisions of Section 91(7) of the Local 

Government Act, 1999 that the further written report including the Minutes 

of Council relating to discussion of the subject matter, having been dealt 

with on a confidential basis under Section 90(3)(a) and 90(3)(k) of the Act, 

should be kept confidential for a period of up to 12 months for the report on 

the grounds that it involves; 




(k) tenders for the supply of goods, the provision of services or the 

carrying out of works; 

2. The Chief Executive Officer be authorised to revoke the order made when 

the appointment of the new Chief Executive Officer has been finalised. 

3. The Chief Executive Officer advise the Council of the revocation of this 

order at the first Council meeting after such revocation has occurred. 


Confidential session concluded at 11:23pm 

 

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Item 16.2 – Chief Executive Officer – Leave Entitlement (PER/94) 



Motion No: 2012:08:293 

That 

1. As the leave entitlement of the Chief Executive Officer is to be 

discussed, it is considered appropriate to keep the discussions 

confidential. 

2. Under the provisions of Section 90(2) of the Local Government Act, 

1999, an order be made that the public be excluded from attendance at 

the Meeting excepting the Minute Taker and John Coombe from John 

Coombe Consulting in order to consider Item 16.2 in confidence, under 

the provisions of Section 90(3)(a) of the Act regarding information 

relating to: 





should be conducted in a place open to the public has been outweighed 

by the need to keep the information or discussion confidential. 


Confidential session commenced at 11:24pm 

11:37pm John Coombe left the meeting. 



Motion No: 2012:08:296 

That: 

1. An order be made under the provisions of Section 91(7) of the Local 

Government Act, 1999 that the further written report including the Minutes 

of Council relating to discussion of the subject matter, having been dealt 

with on a confidential basis under Section 90(3)(a) of the Act, should be 

kept confidential for a period of up to 12 months for the report on the 

grounds that it involves; 




2. The Chief Executive Officer be authorised to revoke the order made when 

the appointment of the new Chief Executive Officer has been finalised. 

 

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3. The Chief Executive Officer advise the Council of the revocation of this 

order at the first Council meeting after such revocation has occurred. 

Confidential session concluded at 11:45pm 

CARRIED 

11:46pm S Kerrigan returned to the Chambers 

Item 16.3 Motion without Notice (previously 8.2 – Cr K Fischer – Martindale Nursing 

Home) 



Motion No: 2012:08:297 

1. Under the provisions of Section 90(2) of the Local Government Act, 

1999, an order be made that the public be excluded from attendance at 

the Meeting excepting the Chief Executive Officer, Director Corporate 

and Community Services, and Director Planning & Infrastructure, 

Executive Assistant and Minute Taker in order to consider Item 16.3 

(previously listed as Agenda Item 8.2) in confidence, under the 

provisions of Section 90(3)(i) of the Act regarding information relating 

to: 

(i) information relating to actual litigation, or litigation that the 

council or council committee believes on reasonable grounds 

will take place, involving the council or an employee 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 

Cr A Shackley declared a conflict of interest as a member of Gawler Environment & 

Heritage Association (GEHA) and being publicly identified as being associated with 

GEHA, and having declared a conflict of interest when the development application 

was considered by the Development Assessment Panel. 

Cr A Shackley asked for leave of the meeting to provide a personal explanation. 

Deputy Mayor put the request for Leave of the Meeting and Leave was granted. 

11:51pm Cr A Shackley left the Chamber 

Cr B Neylon declared an interest as a member of Gawler Environment & Heritage 

Association (GEHA) but did not believe this was a conflict of interest. 

 

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That the Council resolution of 24 July 2012 (2012:07:223) be amended by deleting 

the words “excluding representation” in paragraph 3 of the resolution and replacing 

them with the words “including representation” so that the resolution of the Council is 

as follows – 

1. Council strongly supports the Development Assessment Panel (DAP). 

2. Council not join with the applicant to defend the DAP decision associated with 

the third party appeal of the Development Application 490/186/111 in the 

Environment, Resources and Development Court. 

3. Council defend the Development Assessment Panel (DAP) decision associated 

with the third party appeal of the Development Application 490/186/11 in the 

Environment Resources and Development Court; through their Planning Officer 

and assistance by Ms Emma Barnes and legal advice in the preparation of 

defence (including representation at ERD Court)." 



Motion No: 2012:08:298 

LOST - on the casting vote of the Deputy Mayor 

That Council having reviewed the need to keep the discussion and minutes 

confidential, now considers the matter should no longer be kept in confidence. 

CARRIED 

17. Closure Meeting closed at 12:08pm 

18. Next Ordinary Meeting Tuesday 25 September 2012 

commencing 7:00pm 

 

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ATTACHMENT 1 

 

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minutes of council meeting for the town of gawler held 28 august ...

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