Council Meeting Minutes - City of Burnside

Council MeetingMinutesTuesday, 10 July 2012 at 7.00 pmCouncil Chamber, 401 Greenhill Road, TusmoreMembers Present:Mayor David ParkinCouncillors Bills, Capogreco, Cornish, Davey, Hasenohr, Lemon,Monceaux, Osterstock, Palk, Piggott, Pocock and Wilkins.Opening PrayerThe Mayor read the Opening Prayer and observed one minute silence.Kaurna AcknowledgementThe Mayor acknowledged the Kaurna people.ApologiesNilLeave of AbsenceNilConfirmation of MinutesCouncillor Palk moved:C8779 That the Minutes of the Council Meeting of 26 June 2012 be taken as read andconfirmed.Seconded by Councillor PocockCARRIEDMayor’s ReportThe Mayor provided the following Report:On 3 rd July, I took advantage of a free Tuesday evening to observe the Councilmeeting at Campbelltown. I was made welcome by Mayor Simon Brewer andwas invited to supper with Councilors. Interesting comparisons can be madebetween the meeting procedures of our respective councils which I will sharewith Elected Member colleagues in an appropriate context.

Council Minutes 10 July 2012The following day, 4 th July I was privileged to welcome the Governor General ofAustralia, Her Excellency Quentin Bryce, to the Burnside library. The Children’sBook Council of Australia selected the Burnside Library as an appropriate venuefor the Governor General to acknowledge the work done by the Children’sCouncil of Australia in the National Year of Reading and in anticipation ofChildren’s Book Week in August.Selection of Burnside Library for this event is a high honour and a credit to ourlibrary management and staff.The role of Mayor requires me to operate at a range of cultural levels. LastSaturday I was at a different level as guest of West Torrens Mayor John Trainerat a football match between West Adelaide and Sturt.Councillor Palk moved:C8780 That the Mayor’s Report be received.Seconded by Councillor LemonCARRIEDReports of Delegates/Working PartiesCouncillor Monceaux attended the Eastern Health Authority Board meeting andalong with Councillor Cornish attended a workshop run by the City of Prospect.Councillorr Wilkins attended a workshop run by City of Prospect.Councillor Pocock attended the Burnside War Memorial Hospital Board meeting.Councillor Piggott attended the East Waste Board meeting.Councillor Cornish attended the Eastern Health Authority meeting and the City ofProspect workshop.DeputationsDr Rebecca Jeanes – Wood Park PlaygroundMs Bianca Chapman – Wood Park PlaygroundPetitions and MemorialsNilQuestions (without debate) on NoticeNil

Council Minutes 10 July 2012Consideration of Motions of which Notice has been given1921 Avenue of Sugar Gums, Hazelwood Park (11.1)Councillor Davey moved:C8781 That a Report be prepared and brought to the August 2012 Community,Development and Heritage Committee meeting addressing all of the issuesassociated with maintenance of the integrity of the circa 1921 Avenue of SugarGums, the Memorial to local World War I Service Personnel, located inHazelwood Park.Seconded by Councillor PalkCARRIED UNANIMOUSLYFlying Fox at Kensington Gardens Reserve (11.2)Councillor Davey moved:C8782 That a Report be prepared and brought to the August 2012 Infrastructure andEnvironment Committee meeting addressing the feasibility and cost of theinstallation of Flying Fox Amusement Equipment to enhance the play space inKensington Gardens Reserve.Councillor Hasenohr left the meeting at 7.27 pm and returned at 7.28 pm.Seconded by Councillor PocockCARRIEDWood Park Playground (11.3)Councillor Palk moved:C8783 1.That Council approve the upgrade of the Wood Park playground utilisingelements of Plan B of the Community Consultation Survey – April 2012.2. That the draft 2012/13 Annual Business Plan existing budget allocation forthe Wood Park Playground be reduced to $65,000.3. That the Administration notify the community of the outcome.4. That in so far as the above motion is inconsistent with Resolutions IE0029and C8742, those motions are to that extent varied.Note: For the sake of clarity:(a) by Resolution C8742 Council adopted the recommendations of theInfrastructure and Environment Committee(b) Resolution IE0029 is as follows:Wood Park Playground Upgrade – Results of Community Consultation (4.2)Councillor Osterstock moved:IE0029 1. That the Report be received.2. That Council approve the upgrade of the Wood Park playgroundutilising elements of Plan B of the Community Consultation Survey

Council Minutes 10 July 2012– April 2012, incorporating a climbing structure of a similar natureto what was proposed in Plan A and all necessary amendments tothe playground footprint to accommodate this structure.3. That the draft 2012/13 Annual Business Plan existing budgetallocation for the Wood Park Playground be increased from$70,000 to $85,000 subject to point 2.4. That Council note that the Administration will notify the communityof the outcome.Councillor Cornish left the meeting at 7.36 pm and returned at 7.37 pm.Seconded by Councillor WilkinsCARRIEDA Division was called by Councillor Monceaux:In FavourCouncillor BillsCouncillor LemonCouncillor WilkinsCouncillor DaveyCouncillor PalkCouncillor CornishCouncillor HasenohrAgainstCouncillor MonceauxCouncillor OsterstockCouncillor CapogrecoCouncillor PocockCouncillor PiggottCARRIEDQuestions (without debate) of which Notice has not been givenNilConsideration of Motions of which Notice has not been givenNilReports of OfficersCEO Report – June 2012 (14.1)Councillor Bills moved:C8784 That the Report be received.Seconded by Councillor PocockCARRIED

Council Minutes 10 July 2012Annual Review of Delegations (14.2)Councillor Palk moved:C8785 1.That the Report be received.2. That having conducted its annual review of the Council’s DelegationsRecord in accordance with Section 44(6) of the Local Government Act1999, the Council:2.1 Hereby revokes its previous delegations to the Chief ExecutiveOfficer of those powers and functions under the Local GovernmentAct 1999, Development Act 1993, and Development Regulations2008, and2.2 Hereby revokes its previous delegations to the Council’sDevelopment Assessment Panel of those powers and functionsunder the Development Act, 1993 and Development Regulations,2008.3. Delegations made under Local Government Act 1999:3.1 In exercise of the power contained in Section 44 of the LocalGovernment Act 1999, the powers and functions under the LocalGovernment Act 1999, and specified in the proposed Instrument ofDelegation contained in Attachment A to the report dated 10th July2012 and entitled “Annual Review of Delegations” are herebydelegated on 10 July 2012 to the person occupying the office ofChief Executive Officer of the Council subject to the conditions andor limitations specified herein or in the Schedule of Conditions in theproposed Instrument of Delegation;3.2 Such powers and functions may be further delegated by the personoccupying the position of Chief Executive Officer in accordance withSections 44 and 101 of the Local Government Act 1999 as the ChiefExecutive Officer sees fit, unless otherwise indicated herein or in theSchedule of Conditions contained in the proposed Instrument ofDelegation.4. Delegations made under the Development Act 1993 (to staff)4.1 In exercise of the powers contained in Section 20 and 34(23) of theDevelopment Act, 1993, the powers and functions under theDevelopment Act, 1993 and the Development Regulations, 2008contained in the proposed Instrument of Delegation attachment B tothe report dated 10th July 2012 and entitled “Annual Review ofDelegations” are hereby delegated on 10 July 2012 to the personoccupying the office of Chief Executive Officer of the Council subjectto the conditions or limitations in the Schedule of Conditionscontained in the proposed Instrument of Delegation under theDevelopment Act, 1993.4.2 Such powers and functions may be further delegated by the personoccupying the office of Chief Executive Officer as the Chief ExecutiveOfficer sees fit and in accordance with the relevant legislation unlessotherwise indicated herein or in the Schedule of Conditions containedin the proposed Instrument of Delegation under the DevelopmentAct, 1993.5. Delegations made to the Development Assessment Panel

Council Minutes 10 July 20125.1 In exercise of the powers contained in Section 20 and 34(23) of theDevelopment Act, 1993 the powers and functions under theDevelopment Act, 1993 and the Development Regulations, 2008contained in the proposed Instrument of Delegation attachment C tothe report dated 10 July 2012 and entitled “Annual Review ofDelegations ” are hereby delegated on 10 July 2012 to the Council’sDevelopment Assessment Panel, subject to the conditions orlimitations specified in the Schedule of Conditions contained in theproposed Instrument of Delegation under the Development Act,1993.5.2 In exercise of the powers contained in Section 44 of the LocalGovernment Act, 1999 the powers and functions under Section 36(1)of the Local Government Act to conduct (including but not limited tonegotiating and settling) proceedings commenced under Section 86of the Development Act 1993 to which the Council is a respondent,and anything necessary, expedient or incidental to performing ordischarging such powers and functions, and may include consultingwith the Council’s Development Assessment Panel where theCouncil’s Development Assessment Panel made the originaldecision, are hereby delegated on 10 July 2012 to the personoccupying the office of Chief Executive Officer of the Council subjectto the conditions specified herein and such powers and functionsmay be further delegated by the Chief Executive Officer as the ChiefExecutive Officer sees fit.6. Authorisations and Sub-delegations under the Road Traffic Act 19616.1 That, in accordance with the Notice to the Council dated 27 April2009 from the Minister for Transport (“the Minister’s Notice”), theCouncil authorises the following officers to exercise, for, and onbehalf of the Council, the power conferred on the Council pursuant tothe following clauses of the Minister’s Notice in relation to the RoadTraffic Act 1961:Clause A.1:Clause A.7:Clause B.1:Chief Executive OfficerGeneral Manager Urban ServicesGeneral Manager Corporate ServicesGeneral Manager Community & DevelopmentServicesManager Assets & Capital WorksTraffic EngineerSenior EngineerManager Operations Services;Chief Executive OfficerGeneral Manager, Urban ServicesGeneral Manager, Corporate ServicesManager, Assets & Capital WorksTraffic EngineerSenior EngineerManager, Operations ServicesChief Executive OfficerGeneral Manager, Urban ServicesGeneral Manager, Corporate ServicesManager, Assets & Capital WorksTraffic EngineerSenior Engineer

Council Minutes 10 July 2012Manager, Operations ServicesClause C.1:Clause D.1:Clause E.1:Chief Executive OfficerGeneral Manager, Urban ServicesGeneral Manager, Corporate ServicesManager, Assets & Capital WorksTraffic EngineerSenior EngineerManager, Operations ServicesChief Executive OfficerGeneral Manager, Urban ServicesGeneral Manager, Corporate ServicesManager, Assets & Capital WorksTraffic EngineerSenior EngineerManager, Operations ServicesManager, Community EngagementChief Executive OfficerGeneral Manager, Urban ServicesGeneral Manager, Corporate ServicesManager, Assets & Capital WorksTraffic EngineerSenior EngineerManager, Operations Servicessubject to –(i)(ii)(iii)the conditions contained in the Minister’s Notice; andwhere applicable the conditions contained within the “Noticefrom the Commissioner of Highways for the Temporary use ofTraffic Control Devices by persons other than Road Authorities”dated 8 April 2002, as amended from time to time;any conditions contained in this Resolution or in suchinstrument; and(iv) the creation of a separate instrument in writing reflecting suchauthorisations under the Minister’s Notice and this Resolution.6.2 The said instrument shall be in substantially the same form as theproposed instrument of authorisation annexed to the Report dated 10July 2012 and entitled “Annual Review of Delegations” and markedAttachment D.6.3 In exercise of the power contained in, and in accordance with,Clause F.1 of the Notice to the Council dated 27 April 2009 from theMinister for Transport (“the Minister’s Notice”), the power containedin Section 33(1) of the Road Traffic Act 1961 and delegated to theCouncil pursuant to Clause F of the Minister’s Notice is hereby subdelegatedto the person occupying the office of Chief ExecutiveOfficer of the Council subject to:(i)the conditions contained in the Minister’s Notice; and(ii) any conditions contained in this Resolution or in such instrument;and

Council Minutes 10 July 2012(iii) the creation of a separate instrument in writing reflecting suchsub-delegation under the Minister’s Notice and this Resolution.6.4 The said instrument shall be in substantially the same form as theproposed instrument of sub-delegation annexed to the Report dated10 July 2012 and entitled “Annual Review of Delegations” andmarked Attachment D.7. That Council confirm the delegations marked Appendix F under thefollowing Acts as made on 28 June 2011 (Resolution C8305);• Community Titles Act 1996• Dog & Cat Management Act 1995• Expiation of Offences Act 1996• Fences Act 1975• Fire and Emergency Services Act 2005, andFire and Emergency Services Regulations 2005• Freedom of Information Act 1991• Housing Improvement Act 1940• Land & Business (Sale and Conveyancing) Act 1994• Liquor Licensing Act 1997• Local Government Act 1934• Local Government (Cemetery) Regulations 2010• Natural Resources Management Act 2004, and• Natural Resources Management (General) Regulations 2005• Occupational Health Safety & Welfare Act 1986• Roads (Opening & Closing) Act 1991• Road Traffic Act 1961 (SA), andRoad Traffic (Miscellaneous) Regulations 1999, andRoad Traffic (Road Rules – Ancillary and Miscellaneous Provisions)Regulations 1999• Unclaimed Goods Act 19878. That the Staff Register of Interests Policy be converted from a CouncilPolicy to a Management Policy.Seconded by Councillor PiggottCARRIEDResourcing for Internal Audit Plan (14.3)Councillor Davey moved:C8786 That the Report be received.Seconded by Councillor WilkinsCouncillor Osterstock moved an Amendment:1. That the Report be received.2. Council endorses the appointment of an Audit Officer for a 12 monthperiod on a fixed term contract.Councillor Hasenohr left the meeting at 8.13 pm and returned at 8.15 pm.Seconded by Councillor LemonLOST

Council Minutes 10 July 2012Councillor Monceaux left the meeting at 8.27 pm and returned at 8.29 pm.Councillor Davey’s Motion was put andCARRIEDParking Policy and City-Wide Parking Strategy (14.4)Councillor Cornish moved:C8787 1.That the Report be received.2. That Council endorses the Parking Policy.3. That a communications strategy be developed to inform residents and ratepayers of the Parking Strategy, including an online brochure "Parking inBurnside" detailing, but not limited to, topics such as common signage, linemarkings and the areas where parking is prohibited.4. That Council endorses a budget of up to $15,000 for the communicationsstrategy and that some form of the strategy should be included within themailing of rates notices.5. That a report detailing the communications strategy used and the totalcost be presented to Council in December 2012.Councillor Monceaux left the meeting at 8.35 pm and returned at 8.41 pm.Seconded by Councillor DaveyCARRIED UNANIMOUSLYReview – Parking Enforcement (14.5)Councillor Piggott moved:C8788 1.That the Report be received.2. Council endorses the increase in inspectorate service levels and resolvesto add 1.0 FTE to current staff establishment in inspectorate services,being 1.0 FTE Administration Officer.3. That Council make the following changes to the adopted 2012/13 Budget,at the September quarterly review:3.1 an additional $86,356 be included as expenditure for administrationstaffing costs;3.2 an additional $250,000 be included expenditure for contractinspectorate services,3.3 an additional $699,000 be included as income.Councillor Lemon left the meeting at 8.42 pm and returned at 8.43 pm.Councillor Palk left the meeting at 8.43 pm and returned at 8.46 pm.Seconded by Councillor DaveyCouncillor Hasenohr moved an Amendment:

Council Minutes 10 July 20121. That the Report be received.2. Council endorses the increase in inspectorate service levels ad resolves toadd 3.2 FTE to current staff establishment, being 2.0 FTE Inspectors and1.2 FTE Administration Officer.3. That Council make the following changes to the adopted 2012/13 Budget,at the September quarterly review:3.1 an additional $265,453 be included as expenditure for staffingcosts;3.2 an additional $24,000 be included as expenditure for two vehicles,3.3 an additional $10,000 be included in as expenditure for materials3.4 an additional $699,000 be included as income.Due to lack of a Seconder the MotionCouncillor Piggott Motion was put andLAPSEDCARRIEDA Division was called by Councillor Wilkins:In FavourCouncillor MonceauxCouncillor OsterstockCouncillor CapogrecoCouncillor PiggottCouncillor DaveyCouncillor PalkCouncillor HasenohrCouncillor CornishAgainstCouncillor BillsCouncillor LemonCouncillor WilkinsCouncillor PocockCouncillor Osterstock left the meeting at 8.50 pm and returned at 8.52 pm.CARRIEDAdjournment of Council for the Meeting of the Infrastructure and EnvironmentStanding CommitteeCouncillor Palk moved:C8789 That the Meeting be adjourned for the meeting of the Infrastructure andEnvironment Standing Committee at 9.01 pm.Seconded by Councillor CornishCARRIEDResumption of CouncilCouncillor Monceaux moved:C8790That the Meeting be resumed at 9.30 pm.Seconded by Councillor PocockCARRIED

Council Minutes 10 July 2012Adoption of the Infrastructure and Environment Standing Committee ReportsCouncillor Pocock moved:C8791That the Report of the Infrastructure and Environment Standing Committeemeeting held on 10 July 2012 be received and the recommendations containedtherein be adopted.Seconded by Councillor HasenohrCARRIEDCouncillor Lemon entered the meeting at 9.33 pm.Other BusinessNilRegional Subsidiaries – Eastern Waste Management Authority, Highbury LandfillAuthority, Eastern Health AuthorityNil

Council Minutes 10 July 2012Confidential ItemsReview of Confidentiality Order – Section 39 Protection from Liability– New Claim (20.1)Councillor Palk moved:C8792 Pursuant to section 90(2) of the Local Government Act, 1999, the Council ordersthat all members of the public NB except the Chief Executive Officer; GeneralManager, Corporate Services; General Manager, Community & DevelopmentServices; General Manager, Urban Services and Executive Officer be excludedfrom attendance at the meeting for Agenda Item 20.1 “Review of ConfidentialityOrder – Section 39 Protection from Liability – New Claim”.The Council is satisfied that, pursuant to section 90(3)(i) of the Act, theinformation to be received, discussed or considered in relation to this Agenda Itemis information relating to actual litigation and litigation that the Council or Councilcommittee believes on reasonable grounds will take place involving a formerCouncillor.The Council is satisfied that the principle that the meeting be conducted in a placeopen to the public has been outweighed in the circumstances because thematerial comprises legal correspondence relating to a private civil matter betweentwo parties independent of Council.Seconded by Councillor LemonCARRIEDCouncillor Palk moved:C8793 1.That the Report be received.2. That the Report 2.1, Minutes and Attachments 2, 3, 4, and 5 from 21 July2009 be released with the name of the plaintiff redacted wherever itappears.3. That Report 10.4, Minutes and Attachments 1 and 2 from 31 August 2009be released with the name of the plaintiff redacted wherever it appears.4. That having considered Agenda Item 20.2 “Review of Confidentiality Order– Section 39 Protection from Liability – New Claim” in confidence undersection 90(2) and (3)(i) of the Local Government Act 1999, the Council,pursuant to section 91(7) of that Act orders that:4.1 attachment 1 (being an email with two attachments) to Report 2.1from 21 July 2009, and4.2 attachment 3 to report 10.4 from 31 August 2009, and4.3 the name of the plaintiff be retained in confidence until thedefamation case is finalised.5. That this order be reviewed every 12 months by the Chief ExecutiveOfficer.NB For these purposes a member of the public includes all persons (including staff), but does not include members ofCouncil

Council Minutes 10 July 20126. That pursuant to Section 91(9)(c) of that Act, the Chief Executive Officerbe delegated to revoke the confidentiality order should the matter appearsooner in the public domain.Seconded by Councillor LemonCARRIED UNANIMOUSLYReview of Confidential Item – Elected Member Request for Section 39Protection – New Claim (Second) (20.2)Councillor Palk moved:C8794 Pursuant to section 90(2) of the Local Government Act, 1999, the Council ordersthat all members of the public NB except the Chief Executive Officer; GeneralManager, Corporate Services; General Manager, Community & DevelopmentServices; General Manager, Urban Services and Executive Officer be excludedfrom attendance at the meeting for Agenda Item 20.2 “Review of ConfidentialityOrder – Section 39 Protection from Liability – New Claim (Second)”.The Council is satisfied that, pursuant to section 90(3)(i) of the Act, theinformation to be received, discussed or considered in relation to this Agenda Itemis information relating to actual litigation and litigation that the Council or Councilcommittee believes on reasonable grounds will take place involving a formerCouncillor.The Council is satisfied that the principle that the meeting be conducted in a placeopen to the public has been outweighed in the circumstances because thematerial comprises legal correspondence relating to a private civil matter betweentwo parties independent of Council.Seconded by Councillor BillsCARRIEDCouncillor Palk moved:C8795 1.That the Report be received.2. That having considered Agenda Item 20.2 “Review of Confidential Item –Elected Member Request for Section 39 Protection – New Claim (second)”in confidence under section 90(2) and (3)(i) of the Local Government Act1999, the Council, pursuant to section 91(7) of that Act orders that theattachment to report 10.2 from 31 August 2009 be retained in confidencefor a period of 12 months.3. That pursuant to section 91(9)(c) of that Act the confidentiality order maybe revoked sooner by the Chief Executive Officer if the matter appears inthe public domain before the end of the 12 month period.Seconded by Councillor WilkinsCARRIED UNANIMOUSLYClosureThe meeting closed at 9.39 pm.NB For these purposes a member of the public includes all persons (including staff), but does not include members ofCouncil