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COUNCIL

MINUTES 28 AUGUST 2012

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MINUTES OF A MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON TUESDAY, 28 AUGUST 2012 COMMENCING AT 7.03 PM. MEMBERSHIP: His Worship the Mayor (M Picton)

Cr J Weaver ( Deputy Mayor) Crs C Adcock, C Campbell, S Fisher, C Gellie, N Greer, E Grimm, L Moriarty, D Munro, Y Poland, J Sanderson, J Silbereisen and M Ward

INDEX PLEDGE AND KAURNA ACKNOWLEDGEMENT: ..................................................1 PRESENT: .................................................................................................................1 APOLOGIES:.............................................................................................................1 ABSENT: ...................................................................................................................1 STAFF IN ATTENDANCE: ........................................................................................1 WELCOME: ...............................................................................................................1

PLEDGE AND KAURNA ACKNOWLEDGEMENT ................................................... 1

BUSINESS................................................................................................................. 2

1. CONFIRMATION OF MINUTES .....................................................2

2. ADJOURNED MOTIONS................................................................2

3. DEPUTATIONS.............................................................................2

3.1 MR PHIL HANSON - COLONEL LIGHT GARDENS - OUTSTANDING RESOLUTIONS............................................................................................... 2

CHANGE TO ORDER OF BUSINESS....................................................................... 2

18. GENERAL BUSINESS ...................................................................2

18.5 COLONEL LIGHT GARDENS - OUTSTANDING RESOLUTIONS ................ 2

COUNCIL INDEX PAGE 2 MINUTES 28 AUGUST 2012

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4. GALLERY QUESTION TIME..........................................................3

5. PETITIONS ..................................................................................3

6. NOTICES OF MOTION..................................................................4

6.1 CR GREER - ATTENDANCE AT SEMINAR................................................... 4

6.2 CR GRIMM - ABSENTEEISM FROM COUNCIL MEETINGS......................... 4

6.3 CR GRIMM - DEVELOPMENT ASSESSMENT PANEL MEETINGS ............. 6

6.4 CR GELLIE - PURCHASE OF COUNCIL VEHICLES .................................... 6

7. BUSINESS RAISED BY THE MAYOR .............................................7

7.1 MEETINGS ATTENDED BY THE MAYOR ..................................................... 7

7.2 OTHER BUSINESS RAISED BY THE MAYOR.............................................. 7

8. WRITTEN REPORTS FROM ELECTED MEMBERS AS COUNCIL REPRESENTATIVES ON OUTSIDE BODIES....................7

9. QUESTIONS ON NOTICE ..............................................................8

QUESTIONS FROM THE MEETING OF 24 JULY 2012............................................ 8

9.1 CR GRIMM – ATTENDANCE AT MEETINGS ................................................ 8

9.2 CR GREER – YELLOW BIN RECYCLING ..................................................... 8

QUESTIONS FROM THE MEETING OF 28 AUGUST 2012...................................... 9

9.3 CR GRIMM - STORMWATER EASEMENTS.................................................. 9

10. QUESTIONS WITHOUT NOTICE....................................................9

10.1 CR GREER - FULL TIME EQUIVALENT STAFF ........................................... 9

11. DEVELOPMENT ASSESSMENT PANEL........................................10

11.1 DEVELOPMENT ASSESSMENT PANEL MEETING - THURSDAY, 16 AUGUST 2012 .............................................................................................. 10

12. MITCHAM CULTURAL VILLAGE COMMITTEE MEETING - MONDAY 6 AUGUST 2012..........................................................11

12.1 MITCHAM CULTURAL VILLAGE UPDATE REPORT ................................. 11

12.2 VOICES OF THE VILLAGE 2012.................................................................. 11

12.3 REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED.................................................................................................... 11

12.4 STRATEGIC DIRECTIONS FOR THE MITCHAM CULTURAL VILLAGE ... 11

COUNCIL INDEX PAGE 3 MINUTES 28 AUGUST 2012

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13. CEO PERFORMANCE REVIEW COMMITTEE - TUESDAY, 14 AUGUST 2012............................................................................11

13.1 CHIEF EXECUTIVE OFFICER KEY PERFORMANCE INDICATORS ......... 12

13.2 INFORMAL REVIEW - CHIEF EXECUTIVE OFFICER’S PERFORMANCE .......................................................................................... 12

14. GENERAL PURPOSE COMMITTEE - TUESDAY, 14 AUGUST 2012 .........................................................................................13

14.1 PETITION SCHOOL CROSSING – EDWARD STREET MELROSE PARK ............................................................................................................ 13

14.2 TREES TO BE REMOVED – AUGUST 2012................................................ 13

14.3 PETITION – ALLOTMENTS 341 AND 342 MAGDALENE TERRACE, PASADENA .................................................................................................. 14

14.4 CR WEAVER – PROXY CHAIR – GENERAL PURPOSE COMMITTEE ..... 14

14.5 CR WARD – YOUTH OFFICER ALLOCATION............................................ 14

14.6 RESILIENT SOUTH PROJECT..................................................................... 14

14.7 TRAFFIC MANAGEMENT – PROJECT LIST AND PRIORITIES................. 15

14.8 REVIEW OF COMMUNITY GRANTS ........................................................... 15

14.9 ACCOUNTS .................................................................................................. 15

14.10 BANK RECONCILIATION............................................................................. 16

14.11 BY-LAW 6 – CATS – QUARTERLY REPORT ............................................. 16

14.12 NATIONAL TELEVISION AND COMPUTER RECYCLING SCHEME ......... 16

14.13 TREES REMOVED – JULY 2012.................................................................. 16

14.14 STREET TREE MAINTENANCE - ADDRESSING CUSTOMER REQUEST MANAGEMENT (CRM) BACKLOG ........................................... 16

14.15 BROWN HILL CREEK – REVISED DRAFT STORMWATER MANAGEMENT PLAN - UPDATE REPORT................................................ 16

14.16 STAFFING MOVEMENTS............................................................................. 16

14.17 STORMWATER PROJECTS – PRIORITY LIST – MONTHLY UPDATE ..... 16

14.18 DRAFT HERITAGE DEVELOPMENT PLAN AMENDMENT – ENDORSEMENT OF CHANGES.................................................................. 17

14.19 DRAFT HERITAGE DEVELOPMENT PLAN AMENDMENT – ENDORSEMENT OF CHANGES.................................................................. 17

15. MITCHAM HERITAGE COMMITTEE - MONDAY, 20 AUGUST 2012 .........................................................................................18

16. REPORTS FROM REGIONAL SUBSIDIARIES...............................18

16.1 EASTERN WASTE MANAGEMENT AUTHORITY - 26 JULY 2012 ............ 18

16.2 CENTENNIAL PARK CEMETERY AUTHORITY - 9 AUGUST 2012 ........... 19

COUNCIL INDEX PAGE 4 MINUTES 28 AUGUST 2012

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17. APPOINTMENTS TO INTERNAL/EXTERNAL BODIES ..................19

17.1 AUDIT COMMITTEE – RE-APPOINTMENT OF INDEPENDENT MEMBERS .................................................................................................... 19

17.2 LOCAL GOVERNMENT FINANCE AUTHORITY OF SOUTH AUSTRALIA ANNUAL GENERAL MEETING 2012 – APPOINTMENT OF COUNCIL REPRESENTATIVE, NOTICES OF MOTION AND NOMINATIONS FOR THE BOARD .............................................................. 19

17.3 NOMINATIONS FOR THE LOCAL GOVERNMENT FINANCE AUTHORITY BOARD ................................................................................... 20

18. GENERAL BUSINESS .................................................................20

DECISION REPORTS............................................................................................... 20

18.1 BROWN HILL KESWICK CREEK STORMWATER MANAGEMENT PROJECT – STRATEGY APPROVAL ......................................................... 20

ADJOURNMENT OF MEETING .............................................................................. 21

RESUMPTION OF MEETING .................................................................................. 21

CHANGE TO ORDER OF BUSINESS..................................................................... 21

18. GENERAL BUSINESS (CONT’D)...................................................21

DECISION REPORTS (CONT’D) ............................................................................. 21

18.7 REPRESENTATION REVIEW OPTIONS PAPER ........................................ 21

CHANGE TO ORDER OF BUSINESS..................................................................... 22

19. MOTIONS WITHOUT NOTICE .....................................................22

19.1 CR WEAVER - SOLDIERS’ MEMORIAL GARDENS, HAWTHORN - BOWLING GREENS..................................................................................... 22

19.2 CR WEAVER - GOODWOOD JUNCTION RAIL UPGRADE PROJECT...... 23

19.3 CR GRIMM – UNIVERSITY WAY STORMWATER DISPOSAL................... 24

18. GENERAL BUSINESS (CONT’D)...................................................24

DECISION REPORTS (CONT’D) ............................................................................. 24

18.2 STRATEGIC MANAGEMENT PLANS AND STRATEGIC DIRECTIONS REPORT - REVIEW OF DEVELOPMENT PLAN ......................................... 24

18.3 STRATEGIC PLANNING – COMMUNITY ENGAGEMENT.......................... 29

18.4 EFFICIENCY AND EFFECTIVENESS .......................................................... 30

18.5 COLONEL LIGHT GARDENS - OUTSTANDING RESOLUTIONS .............. 30

18.6 MORTLOCK PARK – SHORT TERM LICENCE FOR PRE-SEASON TRAINING BY GOODWOOD BASEBALL CLUB ........................................ 30

18.7 REPRESENTATION REVIEW OPTIONS PAPER ........................................ 31

18.8 ELECTED MEMBER - 2012 CHRISTMAS DINNER..................................... 32

COUNCIL INDEX PAGE 5 MINUTES 28 AUGUST 2012

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18.9 2012 LOCAL GOVERNMENT ASSOCIATION ANNUAL GENERAL MEETING - COUNCIL NOTICES OF MOTION ............................................ 32

18.10 7 ARCADIA COURT, MITCHAM - DISPENSATION UNDER LAND MANAGEMENT AGREEMENT - REGULATED / SIGNIFICANT TREES .... 33

RECOMMENDATIONS ADOPTED EN BLOC - 18.11, 18.12, 18.13, 18.14, 18.15, 18.16 ............................................................................................................. 33

18. GENERAL BUSINESS (CONT’D)...................................................34

DECISION REPORTS (CONT’D) ............................................................................. 34

18.11 ANNUAL REVIEW OF DELEGATIONS........................................................ 34

18.12 ELECTED MEMBERS’ ATTENDANCE AT CONFERENCES - POLICY ..... 40

INFORMATION ONLY REPORTS............................................................................ 45

18.13 SECTION 270 REPORT – ANNUAL REVIEW 2011/2012............................ 45

18.14 CHANGES TO HOME AND COMMUNITY CARE ........................................ 45

18.15 MEETINGS ATTENDED BY THE CHIEF EXECUTIVE OFFICER................ 45

18.16 CORRESPONDENCE FOR INFORMATION ONLY ..................................... 46

19. MOTIONS WITHOUT NOTICE .....................................................46

20. REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED ................................................................................46

21. ANY OTHER BUSINESS..............................................................46

22. CONFIDENTIAL .........................................................................46

CLOSE:.................................................................................................................... 46

COUNCIL

MINUTES 28 AUGUST 2012

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MINUTES OF A MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON TUESDAY, 28 AUGUST 2012 COMMENCING AT 7.03 PM. MEMBERSHIP: His Worship the Mayor (M Picton)

Cr J Weaver ( Deputy Mayor) Crs C Adcock, C Campbell, S Fisher, C Gellie, N Greer, E Grimm, L Moriarty, D Munro, Y Poland, J Sanderson, J Silbereisen and M Ward

PRESENT:

His Worship the Mayor (M Picton) Cr J Weaver ( Deputy Mayor) Crs C Adcock, S Fisher, C Gellie, N Greer, E Grimm, L Moriarty, D Munro, Y Poland, J Sanderson, J Silbereisen and M Ward Cr Silbereisen arrived at 7.25 pm during discussion of Item 6.1

APOLOGIES:

Cr C Campbell

ABSENT:

Nil

STAFF IN ATTENDANCE:

Chief Executive Officer, Director Community Services and Business Improvement, Director Corporate Services, Director Engineering and Horticulture, Director Development and Compliance, A/Manager Corporate Affairs, Special Projects Engineer and Minute Secretary (HG)

PLEDGE AND KAURNA ACKNOWLEDGEMENT The Mayor pledged: May we in this meeting, speak honestly, listen attentively, think clearly, and decide wisely, for the good governance of this city, and the well being of those we serve. We would like to acknowledge that this land we meet on today is the traditional land of the Kaurna people and 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 important to the living Kaurna people today. WELCOME The Mayor welcomed those present to the meeting.

COUNCIL PAGE 2 MINUTES 28 AUGUST 2012

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BUSINESS 1. CONFIRMATION OF MINUTES

MOVED Cr Ward that the Minutes of the Meeting held on 24 July 2012 be confirmed. SECONDED Cr Sanderson CARRIED

2. ADJOURNED MOTIONS

Nil 3. DEPUTATIONS

3.1 MR PHIL HANSON - COLONEL LIGHT GARDENS - OUTSTANDING RESOLUTIONS

Mr Phil Hanson addressed the Council concerning Item 18.5 regarding Colonel Light Gardens - Outstanding Resolutions.

CHANGE TO ORDER OF BUSINESS MOVED Cr Ward that Item 18.5 be brought forward and dealt with at this point. SECONDED Cr Adcock CARRIED 18. GENERAL BUSINESS

18.5 COLONEL LIGHT GARDENS - OUTSTANDING RESOLUTIONS (FF/2012/543 / 12.83476) Craig Harrison / Ben Hignett (Prepared: 22/08/12) MOVED Cr Adcock that Council endorses the commencement of a three-step review process for matters relating to community land in Colonel Light Gardens as broadly outlined in the following table:

Matters able to be addressed Step 1 1. Combined consultation on

matters concerning sport and recreation reserves in Colonel Light Gardens including a review of existing Community Land Management Plans (i.e. those reserves currently with independent Community Land Management Plans)

2. Report to Council to define the community engagement strategy in October 2012

3. Following completion of the

Review 1992 Mortlock Park Master Concept Plan, taking into account views of all users and the community in addition to all other relevant documents and information

Practice cricket nets in Mortlock Park, taking into account views of all users and the community in addition to all other relevant documents and information

COUNCIL PAGE 3 MINUTES 28 AUGUST 2012

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Matters able to be addressed Step 1

consultation process, further report(s) to be provided to Council including but not limited to revised Community Land Management Plans

Review of Community Land Management Plans for all sport and recreation reserves in Colonel Light Gardens, taking into account views of all users and the community in addition to all other relevant documents and information

Step 2 1. Combined consultation on

matters concerning categorised reserves in Colonel Light Gardens including a review of existing Community Land Management Plans

2. Report to Council to define the community engagement strategy

3. Following completion of the consultation process, further report(s) to be provided to Council including but not limited to revised Community Land Management Plans

Clarify the future use / access to alienated reserves at Lot 148 Grange Road & Lot 167 Tidworth Crescent, taking into account views of all users and the community in addition to all other relevant documents and information

Review of Community Land Management Plans for all categorised reserves in Colonel Light Gardens, taking into account views of all users and the community in addition to all other relevant documents and information

Review of other community land not presently subject of Community Land Management Plans (if any) , taking into account views of all users and the community in addition to all other relevant documents and information

Step 3 Review of the Conservation

Management Plan for Colonel Light Gardens

Review of Conservation Management Plan, taking into account views of the community in addition to all other relevant documents and information

SECONDED Cr Grimm CARRIED

4. GALLERY QUESTION TIME

Nil

5. PETITIONS

Nil

COUNCIL PAGE 4 MINUTES 28 AUGUST 2012

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6. NOTICES OF MOTION

6.1 CR GREER - ATTENDANCE AT SEMINAR

CR SILBEREISEN ARRIVED AT 7.25 PM DURING DISCUSSION OF THIS ITEM

MOVED Cr Greer that Cr Greer be approved to attend a Norman Waterhouse seminar on 21 September 2012 regarding procedure for summary Council prosecutions in the Magistrates Court, at a cost of $250 + GST to be allocated from the training budget. SECONDED Cr Ward THE VOTE BEING TIED THE MAYOR CAST A VOTE FOR THE MOTION AND DECLARED THE MOTION CARRIED A DIVISION WAS CALLED BY CR GRIMM AND THE DECISION WAS SET ASIDE: For the motion: Cr Ward, Cr Poland, Cr Munro, Cr Gellie,

Cr Silbereisen, Cr Greer, Cr Weaver Against the motion: Cr Adcock, Cr Fisher, Cr Sanderson, Cr Grimm,

Cr Moriarty THE CHAIR DECLARED THE MOTION CARRIED

6.2 CR GRIMM - ABSENTEEISM FROM COUNCIL MEETINGS

MOVED Cr Grimm that administration writes to the Minister for Local Government, the Local Government Association and the Ombudsman requesting that change be made to the Local Government Act Section 54(1)(d) regarding absenteeism from Council, as the Act, as it currently stands, has anomalies, is impossible to apply and is therefore unworkable for the following reasons: (1) The Act states that a seat can be declared vacant, by resolution of the

Council, if a member has been absent without leave of the Council for 3 or more consecutive meetings, the first of which having been held 3 months or more before the last.

(a) If meetings are held monthly (standard procedure) the third

consecutive meeting would be 2 months and one day after the first. To be absent for “3 or more” consecutive meetings, the first of which having been held 3 months or more before the last, the member would have had to be absent for 4 or more meetings.

(b) If, as some Councils now do, two Full Council meetings are

held per month, the operation of the Act, in its current form, is impossible.

COUNCIL PAGE 5 MINUTES 28 AUGUST 2012

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(2) The Act is silent on attendance at Section 41 Committees, especially

where all elected members are members of that Committee. Does the Act intend that they are to be viewed less seriously?

(3) The Act makes no mention of the time a member needs to be present

to constitute attendance at a meeting. Mitcham councillors were recently advised that one minute constituted attendance. Surely that is not the intent of the Act. If so, as it stands, a councillor is compliant with the Act if he/she attends for 3 minutes per annum. (3 meetings at 1 minute each.)

(4) Mitcham councillors stopped asking Council for “leave” for annual

leave for security reasons; that is, to prevent announcing to the public that a particular private home would be unoccupied for specified dates.

SECONDED Cr Greer AMENDMENT MOVED Cr Silbereisen that the first paragraph be amended to read: That administration writes to the Minister for Local Government, the Local Government Association and the Ombudsman requesting that change be made to the Local Government Act Section 54(1)(d) regarding absenteeism from Council be reviewed, as the Act, as it currently stands, has anomalies, is impossible to apply and is therefore unworkable for the following reasons: THE AMENDMENT LAPSED FOR WANT OF A SECONDER. THE MOTION, VIZ:

MOVED Cr Grimm that administration writes to the Minister for Local Government, the Local Government Association and the Ombudsman requesting that change be made to the Local Government Act Section 54 (1)(d) regarding absenteeism from Council, as the Act, as it currently stands, has anomalies, is impossible to apply and is therefore unworkable for the following reasons: (1) The Act states that a seat can be declared vacant, by resolution of the

Council, if a member has been absent without leave of the Council for 3 or more consecutive meetings, the first of which having been held 3 months or more before the last.

(a) If meetings are held monthly (standard procedure) the third

consecutive meeting would be 2 months and one day after the first. To be absent for “3 or more” consecutive meetings, the first of which having been held 3 months or more before the last, the member would have had to be absent for 4 or more meetings.

COUNCIL PAGE 6 MINUTES 28 AUGUST 2012

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(b) If, as some Councils now do, two Full Council meetings are

held per month, the operation of the Act, in its current form, is impossible.

(2) The Act is silent on attendance at Section 41 Committees, especially

where all elected members are members of that Committee. Does the Act intend that they are to be viewed less seriously?

(3) The Act makes no mention of the time a member needs to be present

to constitute attendance at a meeting. Mitcham councillors were recently advised that one minute constituted attendance. Surely that is not the intent of the Act. If so, as it stands, a councillor is compliant with the Act if he/she attends for 3 minutes per annum. (3 meetings at 1 minute each.)

(4) Mitcham councillors stopped asking Council for “leave” for annual

leave for security reasons; that is, to prevent announcing to the public that a particular private home would be unoccupied for specified dates.

SECONDED Cr Greer WAS PUT AND CARRIED

6.3 CR GRIMM - DEVELOPMENT ASSESSMENT PANEL MEETINGS

MOVED Cr Grimm: (1) That the Development Assessment Panel meeting date be changed

from the third Thursday of the month (as per Council resolution of 27 March 2012) to the first Thursday of the month, as of October 2012.

(2) That the Director Development and Compliance be delegated

authority to determine the date of the January 2013 meeting, or if in fact there is a need for one at all, given that the Civic Centre will be closed in the first week (albeit that there is no General Purpose Committee meeting in January).

SECONDED Cr Adcock CARRIED

6.4 CR GELLIE - PURCHASE OF COUNCIL VEHICLES

MOVED Cr Gellie: (1) That Council gives earnest consideration to purchasing vehicles from

among the three remaining Australian vehicle manufacturers - Holden, Ford and Toyota - in preference to those of foreign manufacturers.

(2) That Administration actively considers holding vehicles longer if this

can mean tangible cost savings.

COUNCIL PAGE 7 MINUTES 28 AUGUST 2012

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(3) That a short report on these matters, including a cost benefit analysis

on holding Council vehicles for an extended period, be presented to Council.

SECONDED Cr Fisher Cr Fisher sought leave of the meeting to speak again. The Chamber granted permission. THE MOTION WAS PUT AND CARRIED A DIVISION WAS CALLED BY CR FISHER AND THE DECISION WAS SET ASIDE: For the motion: Cr Adcock, Cr Fisher, Cr Ward, Cr Poland,

Cr Sanderson, Cr Munro, Cr Gellie, Cr Silbereisen, Cr Greer, Cr Moriarty

Against the motion: Cr Grimm, Cr Weaver THE CHAIR DECLARED THE MOTION CARRIED

7. BUSINESS RAISED BY THE MAYOR

7.1 MEETINGS ATTENDED BY THE MAYOR Joylene Neddermeyer (Prepared 15/08/12) MOVED Cr Sanderson that the report be received for information only. SECONDED Cr Ward CARRIED

7.2 OTHER BUSINESS RAISED BY THE MAYOR

Nil

8. WRITTEN REPORTS FROM ELECTED MEMBERS AS COUNCIL REPRESENTATIVES ON OUTSIDE BODIES

Nil

COUNCIL PAGE 8 MINUTES 28 AUGUST 2012

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9. QUESTIONS ON NOTICE

QUESTIONS FROM THE MEETING OF 24 JULY 2012 9.1 CR GRIMM – ATTENDANCE AT MEETINGS

QUESTION Under Section 54(1)(d) of the Local Government Act which deals with the inherent expectation of attendance at meetings: (a) Is there a breach of the Act by a member if that member is absent

without leave of the Council for 3 or more consecutive meetings of the Council, the first of which was held 3 months or more before the last?

ANSWER No, a member being absent without leave of the Council for 3 or more consecutive meetings of the Council, the first of which was held 3 months or more before the last does not create a breach under Section 54(1)(d) of the Local Government Act.

(b) If the above occurs, is there a breach of the Act by the body of Council

as a whole or by individual councillors and the Mayor, if they take no action on prolonged absenteeism?

ANSWER No , there is no reference in the legislation to that effect.

9.2 CR GREER – YELLOW BIN RECYCLING QUESTIONS (1) Why are we sending our yellow bin plastic recycling to Asia for

reprocessing?

ANSWER Whilst mixed plastics are sent to Asia, there are PET (Polyethylene Terephthalate) plastics that are sent to Melbourne for reprocessing. This is based on information provided by East Waste. The industry demand for plastics drives the market and this is resulting in our plastics being sent overseas for reprocessing.

(2) Why are we sending all our yellow bin paper and cardboard recycling

interstate and overseas?

COUNCIL PAGE 9 MINUTES 28 AUGUST 2012

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ANSWER It again comes down to market demand and the Material Recovery Facility selling the paper and cardboard for the best price. At the moment, Visy purchases paper and cardboard collected by East Waste and is transported to their interstate factories where it is turned into new paper and cardboard.

QUESTIONS FROM THE MEETING OF 28 AUGUST 2012

9.3 CR GRIMM - STORMWATER EASEMENTS

QUESTION If Council has a stormwater easement over a private property, and the stormwater is not contained within that easement, does Council have a legal responsibility to act upon that?

ANSWER

The question has been taken on notice and a response will be provided in the next Agenda.

10. QUESTIONS WITHOUT NOTICE

10.1 CR GREER - FULL TIME EQUIVALENT STAFF

CR POLAND LEFT THE MEETING AT 8.15 PM DURING DISCUSSION OF THIS ITEM. QUESTION (1) How many Full Time Equivalent staff:

(a) are currently employed by council;

(b) were employed at the conclusion of the 2010-11 financial year;

(c) were employed at the conclusion of the 2009-10 financial year;

(d) were employed at the conclusion of the 2008-9 financial year.

ANSWER

The organisation has historically not kept or reported data on Full Time Equivalent (FTE) staff. The only time in the recent past that this number has been calculated was after the organisational restructure in May 2009, and again after the recent organisational restructure in May 2012. Unfortunately administration is unable to provide data for 2010 and 2011 as the FTE staff calculation was not undertaken in those years. Total FTE staff in May 2009 was 237.68 and total FTE staff in May 2012 is 248.53. This data will be maintained and updated on a quarterly basis.

COUNCIL PAGE 10 MINUTES 28 AUGUST 2012

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The table below provides both FTE Staff Positions and FTE hours worked data for the past 4 years.

FTE Staff Positions (as at)

FTE Hours Worked (average)

Year ended June 2009 237.68 229.42

Year ended June 2010 n/a 223.41

Year ended June 2011 n/a 229.72

as at May 2012 248.53 238.13

The FTE hours worked is not representative of the cost of providing a service. FTE hours worked will vary significantly due to annual leave, sick leave, resignations (time taken to fill a position). Such events do not change the ongoing cost of council business. During these events Council may hire contract / temp agency staff. The hours worked by these staff are not reflected in the FTE hours worked figures"

(2) What was the total salary and wage expenditure for 2011-12?

ANSWER The draft result for 2011/12 for salary and wage expenditure is $19.38 million, however this is still subject to audit completion and verification.

(3) What is the total forecast salary and wage expenditure for 2012-13?

ANSWER The total salary and wage budget for 2012/13 is $20.52 million.

CR POLAND RETURNED TO THE MEETING AT 8.17 PM FOLLOWING DISCUSSION OF THIS ITEM. MOVED Cr Fisher that the questions and answers be recorded in the Minutes SECONDED Cr Ward CARRIED

11. DEVELOPMENT ASSESSMENT PANEL 11.1 DEVELOPMENT ASSESSMENT PANEL MEETING - THURSDAY, 16

AUGUST 2012

MOVED Cr Adcock that the Minutes of the Development Assessment Panel held on Thursday, 16 August 2012 be received. SECONDED Cr Greer CARRIED

COUNCIL PAGE 11 MINUTES 28 AUGUST 2012

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12. MITCHAM CULTURAL VILLAGE COMMITTEE MEETING - MONDAY

6 AUGUST 2012 MOVED Cr Weaver that the Minutes of the Mitcham Cultural Village Committee meeting held on Monday, 6 August 2012 be received and recommendations for Items 12.1, 12.2, 12.3 and 12.4 be adopted en bloc as resolutions of Council. SECONDED Cr Moriarty CARRIED 12.1 MITCHAM CULTURAL VILLAGE UPDATE REPORT

Maggie Dowling / Lindy Taeuber (Prepared: 26/7/2012) That the report be received for information only.

12.2 VOICES OF THE VILLAGE 2012 Maggie Dowling / Lindy Taeuber (Prepared: 26/7/2012) That the report be received for information only.

12.3 REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED (Prepared: 2/8/2012) That the report be received for information only.

12.4 STRATEGIC DIRECTIONS FOR THE MITCHAM CULTURAL VILLAGE That an informal workshop be held to review the Terms of Reference, the Strategic Directions, the Action Plan and Key Priorities for the Mitcham Cultural Village for 2013/14, to be held in September 2012.

13. CEO PERFORMANCE REVIEW COMMITTEE - TUESDAY, 14

AUGUST 2012

MOVED Cr Weaver that the Minutes of the CEO Performance Review Committee Meeting held on Tuesday, 14 August 2012 be received and recommendations for Items 13.1 and 13.2 be adopted en bloc as resolutions of Council. SECONDED Cr Sanderson CARRIED

COUNCIL PAGE 12 MINUTES 28 AUGUST 2012

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13.1 CHIEF EXECUTIVE OFFICER KEY PERFORMANCE INDICATORS

Matthew Pears (Prepared: 30 July 2012) That the Performance Measures for the CEO be as follows: ONGOING MEASURES (1) Maintain resident satisfaction with services delivered by Council

measured via relevant questions in the re-developed Resident Survey.

(2) Elected Member satisfaction with the performance of the CEO as

measured by a survey of Elected Members

(3) Achieving Budget, measured by:

(a) Comparing actual budget result with the budget as at the third budget review.

(b) Reduce carryovers in 2012/13 as compared to 2011/2012.

2012/2013 MEASURES (4) (a) Establish a review of recurrent services and service

efficiencies

(b) Achieve budget savings of $128,000 within the 2012/2013 financial year

(5) Establish and implement a new set of regular financial reports to

Council. (6) Ensure at least 90% of Team Plans and MyPlans are current.

(7) Implement at least one shared service with another Council leading to

reduced costs and improved services for the City of Mitcham.

13.2 INFORMAL REVIEW - CHIEF EXECUTIVE OFFICER’S PERFORMANCE That a mid-year informal review of the CEO performance be conducted by Council in October of each year, the format of which to be agreed between the CEO and the Mayor. That a report be brought to the next CEO Performance Review Committee that documents the process, timelines and responsibilities on how Council monitors the Chief Executive Officer’s performance.

COUNCIL PAGE 13 MINUTES 28 AUGUST 2012

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14. GENERAL PURPOSE COMMITTEE - TUESDAY, 14 AUGUST 2012

MOVED Cr Ward that the Minutes of the General Purpose Committee meeting held on Tuesday, 10 August 2012 be received and recommendations for Items 14.1, 14.2, 14.3, 14.4, 14.5, 14.6, 14.7, 14.8, 14.9, 14.10, 14.11, 14.12, 14.13, 14.14, 14.15, 14.16, 14.17, 14.18 and 14.19 be adopted en bloc as resolutions of Council. SECONDED Cr Sanderson CARRIED 14.1 PETITION SCHOOL CROSSING – EDWARD STREET MELROSE PARK

(1) That the Petition be received. (2) That investigation of options for relocation of the school crossing

lights continue and a further report be prepared for the consideration of the General Purpose Committee.

(3) That the petitioners be informed of the decision.

14.2 TREES TO BE REMOVED – AUGUST 2012 Howard Lacy/Tim Johnson (Prepared: 24/07/2012) That Council approves the removal of the following twenty two (22) non regulated trees:

1. 85 Hill Street Netherby - Bushy Yate

2. 41 Ormond Avenue Daw Park - Golden Rain

3. 2 Toorak Avenue Bellevue Heights - SA Blue Gum

4a. 25 Montrose Avenue Netherby - Southern Hackberry

4b. 27 Montrose Avenue Netherby - Southern Hackberry

5. 1 Benara Street Eden Hills - Grey Box

6a. 21 Tapson Crescent Pasadena - Grey Box

6b. 21 Tapson Crescent Pasadena (adj. 20 Kinnane Crescent) - Grey Box

7. 116 Penang Avenue Melrose Park – Blue Gum

8. 111 Richmond Avenue Melrose Park – Blue Gum

9. Gibbs Park, 25-27 Wonoka Street Eden Hills – 7 Grey Box

10. 4 McDonald Avenue Blackwood - Grey Box

11. 159 Coromandel Parade Coromandel Valley - Monterey Pine

12. 44A Sycamore Crescent Hawthorndene - Grey Box

13. 16 Sherwood Drive Glenalta - Manna Gum

14. 11 Elm Street Hawthorndene - Grey Box

COUNCIL PAGE 14 MINUTES 28 AUGUST 2012

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14.3 PETITION – ALLOTMENTS 341 AND 342 MAGDALENE TERRACE,

PASADENA Wade Reynolds / George Forbes (Prepared: 2 August 2012)

That Council receives the petition to save the Magdalene Terrace, Pasadena land and notes that the petitioners wish the land to be saved and used productively for a community garden and over time for barbecue and children’s facilities.

14.4 CR WEAVER – PROXY CHAIR – GENERAL PURPOSE COMMITTEE Howard Lacy / David Deer / Ashni Kumar (Prepared: 18 /06/2012) (1) That a Member be appointed as a proxy Chair should Cr Campbell

and Cr Ward not be present at a General Purpose Committee Meeting.

(2) That Cr Grimm be appointed the proxy Chair should Cr Campbell and

Cr Ward not be present at a General Purpose Committee Meeting.

14.5 CR WARD – YOUTH OFFICER ALLOCATION (1) That Administration investigates ways of increasing the Youth Officer

allocation from 0.6 Full Time Equivalent to 1.0 Full Time Equivalent. (2) That as part of a report addressed to this issue, Administration also

suggests cost saving measures to offset the costs of the increased recurrent expenditure associated with the position.

14.6 RESILIENT SOUTH PROJECT Howard Lacy/Natalie Iglio (Prepared: 19 July 2012) (1) That City of Mitcham enters a project partnership with the Cities of

Holdfast Bay, Marion and Onkaparinga to participate in the Resilient South Climate Change Adaptation Project.

(2) That Council endorses project funding of $40,000 with 50%

contributed in the 2012/13 financial year and 50% in the 2013/14 financial year.

(3) That funds for the 2012/13 financial year be drawn from the approved

Environmental Projects budget line.

COUNCIL PAGE 15 MINUTES 28 AUGUST 2012

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14.7 TRAFFIC MANAGEMENT – PROJECT LIST AND PRIORITIES

Howard Lacy / David Deer / Ashni Kumar (Prepared: 19 July 2012 (1) That Council notes the recommended traffic and transport priorities as

outlined in the report and attachments. (2) That the paragraph relating to Traffic Volume be amended to read:

Traffic Volume

Projects will be given high priority where recorded two-way traffic volumes along exceed current industry standards (vehicles per day – vpd) of:

Local road up to 1500 vpd Minor collector road less than 3000 vpd Major collector road less than 5000 vpd

14.8 REVIEW OF COMMUNITY GRANTS Maggie Dowling/Kristen Manson (Prepared: 1/8/12) (1) That Council establishes a budget framework commencing in financial

year 2013/2014 for all community grants as set out below:

(a) Recurrent Grants Service Agreements Scholarships Donation to the equivalent of rates Community Events

(b) Community Development Grants (c) Individual Achievement Grants (d) Special Community Project and Event Grants with funding allocations to be determined through Council’s 2013/14 budget approval process.

(2) That the amended Community Development Grants policy as attached to

this report be endorsed, to take effect from the 2013/2014 financial year. (3) That the amended Individual Achievement Grants policy as attached to

this report be endorsed, to take effect from the 2013/2014 financial year.

14.9 ACCOUNTS

Wade Reynolds / Milo Rubbo (Prepared: 2 July 2012) That the report be received for information only.

COUNCIL PAGE 16 MINUTES 28 AUGUST 2012

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14.10 BANK RECONCILIATION

Wade Reynolds / Milo RubboPrepared: 2 July 2012) That the Bank Reconciliation Statements as at 31 May 2012 be noted.

14.11 BY-LAW 6 – CATS – QUARTERLY REPORT Craig Harrison / Stephen Saffin / Roger Brown (Prepared 1 August 2012) That the report be received for information only.

14.12 NATIONAL TELEVISION AND COMPUTER RECYCLING SCHEME Howard Lacy/Natalie Iglio (Prepared: 9 July 2012)

That the report be received for information only.

14.13 TREES REMOVED – JULY 2012

(Ref: FF.02.414) Howard Lacy/Tim Johnson (Prepared: 26/07/2012) That the report be received for information only.

14.14 STREET TREE MAINTENANCE - ADDRESSING CUSTOMER REQUEST

MANAGEMENT (CRM) BACKLOG Howard Lacy / Mark Winston (Prepared: 31/07/2012) That Council receives the report for information only.

14.15 BROWN HILL CREEK – REVISED DRAFT STORMWATER MANAGEMENT PLAN - UPDATE REPORT Howard Lacy/John Wiley (Prepared: 27 July 2012) That Council receives the report for information only.

14.16 STAFFING MOVEMENTS Wade Reynolds / John Skoblyk (Prepared: 2 August 2012)

That Council receives the report for information only.

14.17 STORMWATER PROJECTS – PRIORITY LIST – MONTHLY UPDATE

Howard Lacy, David Deer, Caren Blythe, Tara Kerr, John Raymond (Prepared: 10 July 2012) That Council receives the report for information only.

COUNCIL PAGE 17 MINUTES 28 AUGUST 2012

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14.18 DRAFT HERITAGE DEVELOPMENT PLAN AMENDMENT –

ENDORSEMENT OF CHANGES Craig Harrison / Ben Hignett (Prepared: 31/07/12)

That pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all members of the public (and any other persons specified), be excluded on the basis that the Council considers it necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence the information in this report and that the Council is satisfied with the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to the matter under consideration because:

The information is of the nature specified in Subsection 90(3)(m) of the

Local Government Act 1999 which relates to a proposed amendment to Council’s Heritage Development Plan under the Development Act 1993 before the Heritage Development Plan Amendment proposal relating to the amendment is released for public consultation under that Act.

14.19 DRAFT HERITAGE DEVELOPMENT PLAN AMENDMENT – ENDORSEMENT OF CHANGES Craig Harrison / Ben Hignett (Prepared: 31/07/12)

(1) Refer to confidential pages (2) Refer to confidential pages (3) That recommendation (1) and (2) of this decision be communicated in

writing by the Mayor to the Minister for Planning and Chief Executive of the Department of Transport, Planning and Infrastructure.

(4) That having considered the said information or matter pursuant to

Section 90(2) and 90(3)(m) under Part 3 of Chapter 6 of the Local Government Act 1999, the Council orders pursuant to Section 91(7) of the Local Government Act 1999 that the discussion, report, attachments and parts (1) and (2) of resolution 1 relating to Agenda Item 12.1 be kept confidential and released when the Heritage DPA is released for community consultation.

(5) That the Chief Executive Officer be authorised to review the

confidentiality order annually. (6) That pursuant to Section 91(9)(c) of the Local Government Act 1999

the Chief Executive Officer be authorised to revoke this order.

COUNCIL PAGE 18 MINUTES 28 AUGUST 2012

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15. MITCHAM HERITAGE COMMITTEE - MONDAY, 20 AUGUST 2012

MOVED Cr Fisher that the Minutes of the Mitcham Heritage Committee meeting held on Monday, 20 August 2012 be received and recommendations for Items 15.1, 15.2, 15.3 be adopted en bloc as resolutions of Council. SECONDED Cr Moriarty CARRIED 15.1 MITCHAM HERITAGE SUBSIDY SCHEME

Amee Yardley (Prepared: 27/07/2012) That the report be received for information only.

15.2 CONFIRMED STATE HERITAGE PLACES WITHIN THE CITY OF

MITCHAM Josephine Baker / Craig Harrison (Prepared: 02/08/2012) That the report be received for information only.

15.3 STATE HERITAGE ADVISORY SERVICE

Craig Harrison / Ben Hignett (Prepared: 08/08/2012) (1) That the Heritage Committee recommends to Council that a letter be

forwarded to the appropriate Minister(s) expressing its disappointment at the termination of the Council Based State Heritage Advisory Service.

(2) That correspondence received in relation to this matter from the Local

Government Association and Department of Environment, Water and Natural Resources are included in the Full Council Agenda as attachments for Council's considerations.

16. REPORTS FROM REGIONAL SUBSIDIARIES

16.1 EASTERN WASTE MANAGEMENT AUTHORITY - 26 JULY 2012

(Ref: FF.04.770) Helen Green (Prepared: 7/8/12) (Function/Activity: Environmental Management/Contracting)

MOVED Cr Grimm that the Minutes of the Board of Eastern Waste Management Authority held on 26 July 2012 be received. SECONDED Cr Fisher CARRIED

COUNCIL PAGE 19 MINUTES 28 AUGUST 2012

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16.2 CENTENNIAL PARK CEMETERY AUTHORITY - 9 AUGUST 2012

MOVED Cr Ward that the Minutes of the Board of Management, Centennial Park Cemetery Authority held on 9 August 2012 be received. SECONDED Cr Sanderson CARRIED

17. APPOINTMENTS TO INTERNAL/EXTERNAL BODIES

17.1 AUDIT COMMITTEE – RE-APPOINTMENT OF INDEPENDENT MEMBERS Wade Reynolds (Prepared: 16 August 2012) (Ref: FF/2011/1444 /Record Number 12.87265) MOVED Cr Ward: (1) That Council extends the terms of office for the three current

Independent Members of the Audit Committee, Mr Stephen Kelly (Chair), Mr Kenneth Ng and Mr Vincent Pace to the end of November 2012 to allow time for the recruitment process of these positions to be undertaken.

(2) That a selection panel consisting of the Mayor, Cr Fisher, Chief

Executive Officer and Director Corporate Services be formed to undertake the interview and selection process and make recommendation to Council.

SECONDED Cr Moriarty CARRIED

17.2 LOCAL GOVERNMENT FINANCE AUTHORITY OF SOUTH AUSTRALIA ANNUAL GENERAL MEETING 2012 – APPOINTMENT OF COUNCIL REPRESENTATIVE, NOTICES OF MOTION AND NOMINATIONS FOR THE BOARD Maggie Dowling / Helen Green (Prepared: 14 August 2012) (Ref: FF/2011/3612 / Record Number 12.85287)) Pursuant to Section 74(1) of the Local Government Act 1999, Cr Sanderson declared a conflict of interest this item - he is currently on the Local Government Finance Authority Board and has expressed his interest to re-stand for the position - and left the room. DECISION 1 MOVED Cr Adcock: (1) That Council appoints Mayor Picton as the City of Mitcham’s delegate

at the Local Government Finance Authority of South Australia Annual General Meeting to be held on Friday, 26 October 2012.

(2) That Council nominates Cr Sanderson for membership of the Board of

the Local Government Finance Authority of South Australia.

COUNCIL PAGE 20 MINUTES 28 AUGUST 2012

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SECONDED Cr Poland CARRIED Cr Sanderson returned to the meeting following discussion of this motion. CR GREER LEFT THE MEETING AT 8.35 PM AND RETURNED AT 8.36 PM DURING DISCUSSION OF THIS ITEM DECISION 2

MOVED Cr Ward that Council does not submit any Notices of Motion to the meeting.

SECONDED Cr Munro CARRIED

17.3 NOMINATIONS FOR THE LOCAL GOVERNMENT FINANCE AUTHORITY

BOARD (Ref: FF.01.1632) Wade Reynolds (Prepared: 13/08/2012) MOVED Cr Sanderson that Council nominates Mr Tony Pederick to the Local Government Finance Authority Board. SECONDED Cr Fisher CARRIED

18. GENERAL BUSINESS

DECISION REPORTS

18.1 BROWN HILL KESWICK CREEK STORMWATER MANAGEMENT PROJECT – STRATEGY APPROVAL Howard Lacy / John Wiley Prepared: 16/8/2012) MOVED Cr Weaver: (1) That Council approves for joint submission the Brown Hill Keswick

Creek Stormwater Project "Draft Stormwater Management Plan 2012" prepared by WorleyParsons (ref: 301015-02356wjh120801-REP-0006-BHKC SMP 2012.doc) dated 10 August 2012 (as previously circulated to Elected Members) to the Stormwater Management Authority (SMA) from the Cities of Adelaide, Burnside, Mitcham, Unley and West Torrens.

(2) That the five (5) Councils undertake further discussions with the State

and Commonwealth Government to determine future funding models which recognise life cycle costs, renewal and depreciation of assets created within the Stormwater Management Plan.

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(3) That in submitting the Brown Hill Keswick Creek Stormwater Project "Draft Stormwater Management Plan 2012" to the Stormwater Management Authority, Council notes that there are a range of issues identified in the plan as unresolved and also notes the need for improved integration of the Goodwood Junction Rail project and flood mitigation, to optimise the overall rail and flood projects and to minimise the costs and disruption to local residents.

(4) That agreement on significant cost sharing between the three levels of

government is a prerequisite for a Stormwater Management Plan to be affordable to local communities.

SECONDED Cr Fisher CARRIED UNANIMOUSLY

ADJOURNMENT OF MEETING

THE MEETING ADJOURNED AT 10.05 PM FOR A BREAK

RESUMPTION OF MEETING

THE MEETING RECONVENED AT 10.19 PM CHANGE TO ORDER OF BUSINESS

MOVED Cr Fisher that Item 18.7 be dealt with at this point. SECONDED Cr Ward CARRIED 18. GENERAL BUSINESS (CONT’D)

DECISION REPORTS (CONT’D)

18.7 REPRESENTATION REVIEW OPTIONS PAPER Maggie Dowling/Meredith Nunan (Prepared: 13/8/2012) (Ref: FF/2011/1855 / 12.8230) The Consultant, Mr Craig Rowe, answered questions from Members on the Draft Representation Options Paper. MOVED Cr Grimm: (1) That Council endorses the Representation Options Paper, including

additional options A - F as appears in the attachment. (2) That Council commences the first round of public consultation based

on the Representation Options Paper, including additional options A – F.

SECONDED Cr Greer CARRIED UNANIMOUSLY

COUNCIL PAGE 22 MINUTES 28 AUGUST 2012

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CHANGE TO ORDER OF BUSINESS

MOVED Cr Weaver that Motions Without Notice be heard at this point. SECONDED Cr Poland CARRIED

19. MOTIONS WITHOUT NOTICE

19.1 CR WEAVER - SOLDIERS’ MEMORIAL GARDENS, HAWTHORN - BOWLING GREENS MOVED Cr Weaver: (1) That the area previously used as the bowling greens at the Soldiers’

Memorial Gardens, Hawthorn continue to be incorporated and considered into the long term future plans for this entire reserve including for open space and that Council recognises the following consultancies and community consultations listed which have already been undertaken and continue to be ongoing relating to this site.

Brown Hill Creek Landscape Character - The Guiding Principles,

which have been developed to assist with the development and management of all reserves which are linked to Brown Hill Creek (June 2011)

Brown Hill Creek (Hawthorn) restoration project (April 2012)

ongoing consideration The Draft Brown Hill and Keswick Creek Stormwater Management

Plan (2012) to be submitted to the Stormwater Management Authority

The existing Community Land Management Plan for Category 1

reserves The review of the Mitcham Library / site requirements

(2) That no decision on the use of the area (previously used for bowling

greens) at the Soldiers’ Memorial Gardens, Hawthorn be made until Council has finalised the long-term plan for the use of the Soldiers’ Memorial Gardens precinct.

SECONDED Cr Grimm CARRIED UNANIMOUSLY

COUNCIL PAGE 23 MINUTES 28 AUGUST 2012

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19.2 CR WEAVER - GOODWOOD JUNCTION RAIL UPGRADE PROJECT

CR GREER LEFT THE MEETING AT 9.58 PM AND RETURNED AT 10.00 PM DURING DISCUSSION OF THIS ITEM. MOVED Cr Weaver (1) That Administration submits a response by 5 September 2012 to the

Department of Planning, Transport & Infrastructure’s (DPTI) application to the Development Assessment Commission (DAC) addressing issues surrounding the Goodwood Junction Rail Upgrade Project (GJRUP). This submission is to highlight: (a) Council’s concerns with the proposed route of the Malcolm

Street to the tramway by-pass culvert as identified in DPTI plans and the proposed route of the culvert identified in the Brownhill and Keswick Creek Stormwater Project (BHKCSP) – Stormwater Management Plan 2012 and Council staff to identify alternative route(s) for the culvert if possible;

(b) Council’s concern that the crossing points of the BHCK

Diversion Culvert and the High Flow By-Pass Culvert are not sufficiently large enough to carry the expected flows emanating from upstream of Brownhill Creek;

(c) Council’s concern that the Brown Hill Keswick Creek Steering

Project team is made aware of the plans submitted by DPTI to the DAC and is confident that the crossing points and sizes proposed will accommodate any flow expected along Brownhill Creek in a 90 minute and 36 hour rainfall event upstream of Leader Street;

(d) Any other concerns that may develop before the response is

forwarded to DAC. (2) That the Mayor and Deputy Mayor work with Administration to

formulate the response to DAC. (3) That the response be used as a basis for a letter to be sent to DPTI as

well, outlining Council's concerns with the GJRUP. SECONDED Cr Fisher CARRIED UNANIMOUSLY

CR MUNRO LEFT THE MEETING AT 10.06 PM FOLLOWING DISCUSSION OF THIS ITEM CR POLAND LEFT THE MEETING AT 10.06 PM FOLLOWING DISCUSSION OF THIS ITEM

COUNCIL PAGE 24 MINUTES 28 AUGUST 2012

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19.3 CR GRIMM – UNIVERSITY WAY STORMWATER DISPOSAL MOVED Cr Grimm that administration organises a site visit for Elected Members and any relevant staff to the property of an affected resident of University Way, Bellevue Heights, to view the stormwater disposal “system” about which the owners of the property have serious concerns. SECONDED Cr Ward CARRIED UNANIMOUSLY

18. GENERAL BUSINESS (CONT’D)

DECISION REPORTS (CONT’D)

18.2 STRATEGIC MANAGEMENT PLANS AND STRATEGIC DIRECTIONS REPORT - REVIEW OF DEVELOPMENT PLAN Craig Harrison / Maggie Dowling / David Roberts (Prepared: 13/08/2012) (Ref: FF/2011/3921 / Record 12.85843) MOVED Cr Ward: (1) That Council approves the following Vision, Goals and Objectives for

incorporation into the community consultation Discussion Paper required for the review of the Strategic Management Plan pursuant to Section(122) of the Local Government Act and development of a Strategic Directions Report pursuant to Section 30(3)(a) and (b) of the Development Act.

(2) That Council’s Administration be authorised to make any necessary

amendments, through further input and/or upon receipt of advice from a communications and public relations expert subject to those amendments not altering the overall intent of the aforementioned.

VISION A healthy, inclusive and prosperous community, living and working in harmony with the environment. GOALS Goal 1: Community Well-being

A liveable City with high levels of community well-being, connectedness and cultural vitality where all people are valued Goal 2: City Character Retain and enhance the multi-dimensional characteristics of our City

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Goal 3: Open Space To provide a range of open-space, parks and gardens, sporting and recreational facilities to support healthy lifestyles, biodiversity and community recreation. Goal 4: Sustainable Environment Manage the City’s natural and built environments in a sustainable way, conserving resources, minimising wastes and enhancing biodiversity, habitats and ecosystems Goal 5: Economic Well-being A thriving economy that supports business and attracts investment. Goal 6: Well Maintained Infrastructure Manage the City’s infrastructure in an effective and cost efficient way to support community needs. GOALS AND OBJECTIVES Goal 1: Community Well-being A liveable City with high levels of community well-being, connectedness and cultural vitality where all people are valued

Objectives

1.1 Accessible City

Integrated and efficient traffic networks, taking into account the needs of our community.

1.2 Housing choices

Housing choices to support the community’s changing preferences.

1.3 Accessible Public Places

High quality and accessible public places where the community can meet and interact.

1.4 Health & Safety

Council undertakes activities that supports the community to be healthy, safe and prepared for emergencies

1.5 Cultural Vitality

The community embracing and celebrating the City’s history and cultural diversity.

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Objectives

1.6 Connected, Well Informed, Creative and Active Community

A connected, creative and active community that celebrates diversity enjoying an integrated and accessible network of community facilities that encourage lifelong learning and a healthy lifestyle.

Goal 2: City Character

Retain and enhance the multi-dimensional characteristics of our City

Objectives

2.1 Attractive Streetscapes

Attractive streetscapes that reinforce the functions of the street, enhance the amenity of buildings, and are sensitive to the built form, landscape, and environmental conditions of the locality.

2.2 Heritage

Natural and built heritage that is widely appreciated and preserved.

2.3 District Centres

Attractive, vibrant and revitalised Blackwood, Cumberland Park and Mitcham Centres, supported by a variety of quality retail, commercial and residential development.

2.4 Urban Character and Built Form

Urban form shaped by appropriate policy and principles of development control expressed in the City of Mitcham Development Plan.

2.5 Integrated regional planning

Major developments along boundaries of neighbouring Councils planned collaboratively.

Goal 3: Open Space

To provide a range of open-space, parks and gardens, sporting and recreational facilities to support healthy lifestyles, biodiversity and community recreation.

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Objectives

3.1 Open Space & Natural Woodland

A range of open areas, reserves and woodlands that provide opportunities for passive and active recreation such as walking trails, hiking and non-motorised trail bike riding in a sustainable, natural environment.

3.2 Parks and Gardens

High quality parks and gardens that incorporate recreational facilities such as barbecues, playgrounds, formal gardens and park furniture.

3.3 Sport and Recreation Facilities

A range of formal sports facilities such as ovals, courts, pitches, fields often supported by clubs or other organised groups.

3.4 Specific Purpose Facilities

Provision of specific use sports and/or recreational facilities– e.g. dog parks, BMX, skate parks, community gardens, considered against popular demand criteria.

Goal 4: Sustainable Environment Manage the City’s natural and built environments in a sustainable way, conserving resources, minimising wastes and enhancing biodiversity, habitats and ecosystems.

Objectives

4.1 Sustainable Natural Environment

The City’s natural environment and open space managed in a sustainable way to enhance biodiversity, habitat and ecosystems.

4.2 Sustainable Built Environment

Streetscapes, natural character and waterways of the City’s urban areas managed to ensure a neutral or beneficial impact on the environment

4.3 Water Management and Reuse

Improved water efficiency and reduced reliance on mains water with increased use of recycled water and stormwater.

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Objectives

4.4 Stormwater Management

Stormwater management and flood mitigation plans prepared for key catchments and locations to reduce the likelihood and impact of stormwater flows and flooding.

4.5 Climate Change

A coordinated response to climate change impacts including reduction of Council’s greenhouse gas emissions.

4.6 Waste Management and Minimisation through Recycling

Waste management and minimisation through resource recovery and recycling is cost effective and maximises social and environmental benefits.

4.7 Environmental Education

Environmental education programs promoted and supported within the City.

Goal 5: Economic Well-being

A thriving economy that supports business and attracts investment.

Objectives

5.1 District Centres

Attractive, active and revitalised Blackwood and Mitcham Centres, supported by a variety of quality retail, commercial and residential development.

5.2 Transport Planning

Alignment of transport planning with land-use planning and development

5.3 Support for our Business Sector

Effective linkages between the community, business sector and education & training providers encouraged.

Goal 6: Well Maintained Infrastructure

Manage the City’s infrastructure in an effective and cost efficient way to support community needs.

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Objectives

6.1 Infrastructure Planning

Infrastructure is planned and managed to meet the community’s social, economic and environmental needs.

6.2 Infrastructure Maintenance

Infrastructure maintained in an efficient and effective manner to meet the community’s service standards and expectations.

6.3 Well Managed Capital Investment

Infrastructure capital investment well managed, timely and efficient.

6.4 Community Facilities

Community facilities (e.g. halls, public toilets, civic buildings) planned and maintained to meet community expectations.

6.5 Stormwater Drainage

A network of piped and surface drains provided by Council that minimise local stormwater flooding and inundation.

6.6 Cemetery Services

Quality cemetery services offered.

SECONDED Cr Silbereisen CARRIED

18.3 STRATEGIC PLANNING – COMMUNITY ENGAGEMENT M. Dowling /G Webster (Prepared: 31/7/2012) Ref 12.79724 MOVED Cr Ward that Council approves the Community Consultation and Engagement Plan for the purposes of consulting with our community, agencies and neighbouring Councils in the development of the new 10 year City of Mitcham Strategic Management Plan and undertaking a review of the City of Mitcham Development Plan. SECONDED Cr Sanderson CARRIED

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18.4 EFFICIENCY AND EFFECTIVENESS Matt Pears ((Prepared: 16 August 2012) (File No: FF/2012/1951) DECISION ONE MOVED Cr Ward that a Special Council Meeting be held on 18 September 2012 to workshop and seek direction on the current level of services provided to the community and the services which are a priority for an efficiency review. SECONDED Cr Greer CARRIED DECISION TWO MOVED Cr Gellie that Decision Two be adjourned to the Special Council Meeting to be held on 18 September 2012. SECONDED Cr Grimm CARRIED

18.5 COLONEL LIGHT GARDENS - OUTSTANDING RESOLUTIONS

(FF/2012/543 / 12.83476) Craig Harrison / Ben Hignett (Prepared: 22/08/12) This item was dealt with following the deputation.

18.6 MORTLOCK PARK – SHORT TERM LICENCE FOR PRE-SEASON TRAINING BY GOODWOOD BASEBALL CLUB Wade Reynolds (Prepared: 22 August 2012) (Ref: FF/2012/1266 / Record Number 12.87139) MOVED Cr Fisher that a short term licence not be issued to the Goodwood Baseball Club and that usage of Mortlock Park remain in accordance with the current licence conditions. SECONDED Cr Adcock LOST A DIVISION WAS CALLED BY CR FISHER AND THE DECISION WAS SET ASIDE: For the motion: Cr Adcock, Cr Fisher, Cr Moriarty, Cr Weaver

Against the motion: Cr Ward, Cr Sanderson, Cr Gellie, Cr Silbereisen, Cr Grimm, Cr Greer

THE CHAIR DECLARED THE MOTION LOST

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MOVED Cr Grimm that following consideration of the Community Land Management Plan and having regard to the Colonel Light Gardens Conservation Management Plan:

(1) The Goodwood Baseball Club be granted a short term licence from 2

September 2012 to 1 October 2012 for a maximum of 19 hours per week to use the main diamond only when the Colonel Light Gardens Football Club is not present at the facility, and until such time that the Colonel Light Gardens Football Club has completed their finals campaign; and

(2) Once the Colonel Light Gardens Football Club has completed their

finals campaign, the short term licence be extended to the use of both the main and secondary diamonds remaining at a maximum of a total of 19 hours per week for the remainder of September, subject to Council maintenance requirements.

(3) The specific days and hours of use in September 2012 by the

Goodwood Baseball Club be determined by Administration in consultation with the Club, acknowledging that Council staff will require access to the oval for maintenance purposes from 20 September 2012.

SECONDED Cr Greer CARRIED A DIVISION WAS CALLED BY CR FISHER AND THE DECISION WAS SET ASIDE:

For the motion: Cr Ward, Cr Sanderson, Cr Gellie, Cr Silbereisen, Cr Grimm, Cr Greer

Against the motion: Cr Adcock, Cr Fisher, Cr Moriarty, Cr Weaver

THE CHAIR DECLARED THE MOTION CARRIED

18.7 REPRESENTATION REVIEW OPTIONS PAPER Maggie Dowling/Meredith Nunan (Prepared: 13/8/2012) (Ref: FF/2011/1855 / 12.8230) This item was dealt with following the adjournment of the meeting at 9.00 pm.

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18.8 ELECTED MEMBER - 2012 CHRISTMAS DINNER Matthew Pears / Joylene Neddermeyer (16/08/2012) CR SILBEREISEN LEFT THE MEETING AT 11.02 PM DURING DISCUSSION OF THIS ITEM. MOVED Cr Moriarty that Council defers this item until Elected Members have been able to have informal discussions about the function at the next briefing on 18 September 2012. SECONDED Cr Grimm CARRIED

18.9 2012 LOCAL GOVERNMENT ASSOCIATION ANNUAL GENERAL MEETING - COUNCIL NOTICES OF MOTION M Dowling/Helen Green (Prepared: 21 August 2012) DECISION 1 MOVED Cr Ward that Council does not submit any Notices of Motions to the Local Government Association Annual General Meeting. SECONDED Cr Moriarty CARRIED DECISION 2 MOVED Cr Ward: (1) That Council nominates Mayor Picton as Council delegate and Deputy

Mayor Weaver as proxy Council delegate to the Local Government Association Annual General Meeting at a cost of $420 + GST.

(2) That Council advises the Local Government Association that Cr

Stephen Fisher is to be recognised at this time for Certificate of Service Awards for 20 years of service to the City of Mitcham.

SECONDED Cr Sanderson CARRIED DECISION 3 MOVED Cr Gellie that Council approves Cr Gellie to attend the Annual General Meeting of the Local Government Association at a cost of approximately $420.00 + GST per person. SECONDED Cr Weaver CARRIED

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18.10 7 ARCADIA COURT, MITCHAM - DISPENSATION UNDER LAND MANAGEMENT AGREEMENT - REGULATED / SIGNIFICANT TREES Craig Harrison / Meridee Jensen (Prepared: 10/07/2012) (Ref: FF/2012/1540 / Record 12.69831) CR GELLIE LEFT THE MEETING AT 11.19 PM DURING DISCUSSION OF THIS ITEM. MOVED Cr Grimm: (1) That Council waives clause 2.1.2 of the Land Management Agreement

registered to whole of land comprised Certificates of Title Register Book Volume 6840 Folio 364 to enable the owner to lodge a Development Application for a dwelling which will decrease side and rear setbacks.

(2) That Council authorises the Chief Executive Officer to execute the

variation to the Land Management Agreement registered to whole of land comprised Certificates of Title Register Book Volume 6840 Folio 364 to the extent of an amended clause 2.1.2 to show setbacks for the dwelling at 7 Arcadia Court, Mitcham at costs to be borne by the owner of 7 Arcadia Court, Mitcham.

SECONDED Cr Ward CARRIED A DIVISION WAS CALLED BY CR FISHER AND THE DECISION WAS SET ASIDE: For the motion: Cr Adcock, Cr Fisher, Cr Ward, Cr Sanderson,

Cr Grimm, Cr Moriarty, Cr Weaver Against the motion: Cr Greer THE CHAIR DECLARED THE MOTION CARRIED CR GELLIE RETURNED TO THE MEETING AT 11.23 PM FOLLOWING DISCUSSION OF THIS ITEM.

RECOMMENDATIONS ADOPTED EN BLOC - 18.11, 18.12, 18.13, 18.14, 18.15, 18.16

MOVED Cr Ward that Option 1 for Items 18.11, 18.12, 18.13, 18.14, 18.15 and 18.16 be adopted en bloc. SECONDED Cr Moriarty CARRIED

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18. GENERAL BUSINESS (CONT’D)

DECISION REPORTS (CONT’D)

18.11 ANNUAL REVIEW OF DELEGATIONS Maggie Dowling / Meredith Nunan (Prepared: 4/6/2012) (Ref: FF/2011/2516 / 12.55598) That having conducted its annual review of the Council’s Delegations Manual in accordance with Section 44(6) of the Local Government Act 1999, the Council: 1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following:

1.1.1 Community Titles Act 1996 1.1.2 Development Act 1993 and Development Regulations

2008 1.1.3 Dog and Cat Management Act 1995 1.1.4 Environment Protection Act 1993 and Environment

Protection (Waste to Resources) Policy 2010 1.1.5 Expiation of Offences Act 1996 1.1.6 Fences Act 1975 1.1.7 Fire and Emergency Services Act 2005 and Fire and

Emergency Services Regulations 2005 1.1.8 Food Act 2001 1.1.9 Freedom of Information Act 1991 1.1.10 Housing Improvement Act 1940 1.1.11 Land and Business (Sale and Conveyancing) Act 1994 1.1.12 Liquor Licensing Act 1997 1.1.13 Local Government Act 1934 1.1.14 Local Government Act 1999 1.1.15 Local Government (Elections) Act 1999 1.1.16 Natural Resources Management Act 2004, Natural

Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions – Levies) Regulations 2005

1.1.17 Occupational Health Safety and Welfare Act 1986 1.1.18 Public and Environmental Health Act 1987 and Public

and Environmental Health (Waste Control) Regulations 2010

1.1.19 Road Traffic Act 1961, Road Traffic (Miscellaneous) Regulations 1999 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999

1.1.20 Roads (Opening and Closing) Act 1991 1.1.21 Supported Residential Facilities Act 1992 1.1.22 Unclaimed Goods Act 1987

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1.2 Hereby revokes its previous delegations to its Development Assessment Panel under the Development Act 1993 and Development Regulations 2008.

2. Delegations made under the 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 and specified in the proposed Instruments of Delegation contained in Appendices A – P (each of which is individually identified as indicated below and sent to Members under separate cover) are hereby delegated this 23rd day of August 2011 to the person occupying the office of Chief Executive Officer. 2.1.1 Community Titles Act 1996 (Appendix A) 2.1.2 Dog and Cat Management Act 1995 (Appendix B) 2.1.3 Environment Protection Act 1993 (Appendix C) 2.1.4 Expiation of Offences Act 1996 (Appendix D) 2.1.5 Fences Act 1975 (Appendix E) 2.1.6 Fire and Emergency Services Act 2005 and Fire and

Emergency Services Regulations 2005 (Appendix F) 2.1.7 Freedom of Information Act 1991 (Appendix G) 2.1.8 Housing Improvement Act 1940 (Appendix H) 2.1.9 Liquor Licensing Act 1997 (Appendix I) 2.1.10 Local Government Act 1934 (Appendix J) 2.1.11 Local Government Act 1999 (Appendix K) 2.1.12 Natural Resources Management Act 2004, Natural

Resources Management (General) Regulations 2005 (Appendix L)

2.1.13 Occupational Health Safety and Welfare Act 1986 (Appendix M)

2.1.14 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 1999 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 (Appendix N)

2.1.15 Roads (Opening and Closing) Act 1991 (Appendix O) 2.1.16 Unclaimed Goods Act 1987 (Appendix P)

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.

2.3 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the Fire and Emergency Services Act 2005 and specified in the proposed Instrument of Delegation contained in Appendix Q and sent to Members under separate cover is hereby delegated this 23rd day of August 2011 to the person occupying the office of Fire Prevention Officer.

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3. Delegations made under the Development Act 1993

3.1 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993, the powers and functions under the Development Act 1993 and the Development Regulations 2008 contained in the proposed Instrument of Delegation, marked Appendix R and distributed to Members under separate cover, are hereby delegated this 23rd day of August 2011 to the person occupying the office of Chief Executive Officer.

3.2 Such powers and functions may be further delegated by the

Chief Executive Officer as the Chief Executive officer sees fit and in accordance with the relevant legislation.

3.3 In exercise of the powers contained in Section 20 and 34(23)

of the Development Act 1993 the powers and functions under the Development Act 1993 and the Development Regulations 2008 contained in the proposed Instrument of Delegation, marked Appendix S and distributed to Members under separate cover, and which are specified below are hereby delegated to the Council’s Development Assessment Panel.

Section 6(3) Section 50(1) Section 33 Section 50(3), (2)(d) Section 33(1)(d) Section 50(3a) Section 33(3) Section 50(10) Section 334(1)(b)(iii) Section 50(11) Section 34(1a) Section 50A(5)(c) Section 35(2) Section 52(2) Section 35(3)(a) Section 52A(2)(a), (9), (7) Section 36(2) Section 52A(2)(b) Section 36(6) Section 52A(2)(c) Section 37A(2)(b) Section 52A(5) Section 38(3a)(c) Section 52A(6)(b) Section 38(10)(a) Section 74(1) Section 39(7) Section 84(2) Section 39(7)(c) Section 101(1) Section 39(7)(d) Reg 15(8) Section 39(7a) Reg 16(2) Section 39(8) Reg 38(4) Section 39(9) Reg 48(2) Section 39(4)(d), (5) and Reg 17(3)(a)

Reg 51(4)

Section 40(3) Reg 51(6) Section 42(1), (3) Reg 52(1) Section 43 Reg 53(1), (2) Section 45A(2), 45A(12) Reg 53(4) Section 49(5) Reg 53(6) Section 49(9) Reg 54(1) Section 49A(5) Clause 5 of Pt 1 of Sch.9 Section 49A(9) Clause 15B of Pt 1 of Sch.9

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4. Delegations made under the Food Act 2001

4.1 In exercise of the powers contained in Section 91 of the Food Act 2001, the powers and functions under the Food Act 2001 contained in the proposed Instrument of Delegation, marked Appendix T and distributed to Members under separate cover, are hereby delegated this 23rd day of August 2011 to the person occupying the office of Chief Executive Officer (‘the head of the enforcement agency’ for the purpose of the Food Act 2001).

4.2 Such powers and functions may be further delegated by the

Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation.

5. Delegations made under the Public and Environmental Health Act

1987 5.1 In exercise of the power contained in Section 6 of the Public

and Environmental Health Act 1987, the powers and functions under the Public and Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 2010 contained in the proposed Instrument of Delegation, marked Appendix U and distributed to Members under separate cover, are hereby delegated this 23rd day of August 2011 to the person occupying the office of Chief Executive Officer.

5.2 Such powers and functions may be further delegated by the

Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation.

6. Delegations under the Supported Residential Facilities Act 1992

6.1 In exercise of the power contained in Section 9 of the

Supported Residential Facilities Act 1992, the powers and functions under the Supported Residential Facilities Act 1992 contained in the proposed Instrument of Delegation, marked Appendix V and distributed to Members under separate cover, are hereby delegated this 23rd day of August 2011 to the person occupying the office of Chief Executive Officer.

6.2 Such powers and functions may be further delegated by the

Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation.

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7. Authorisations and sub delegations under the Road Traffic Act 1961 7.1 That, in accordance with the Notice to the Council dated 27

April 2009 from the Minister for Transport (‘the Minister’s Notice’), the Council authorises the following officers to exercise, for, and on behalf of the Council, the power conferred on the Council pursuant to the following clauses of the Minister’s Notice in relation to the Road Traffic Act 1961: Clause A.1 Director Engineering & Horticultural Services

Special Projects Engineer Senior Traffic Engineer Manager Civil Works & Services Manager Engineering & Technical Manager Project Delivery Principal Engineer Civil Works Engineer Manager Horticulture Works

Clause A.7 Director Engineering & Horticultural Services

Special Projects Engineer Senior Traffic Engineer Manager Engineering & Technical Manager Project Delivery

Clause B.1 Director Engineering & Horticultural Services

Special Projects Engineer Senior Traffic Engineer Manager Civil Works & Services Manager Engineering & Technical Manager Project Delivery Principal Engineer Civil Works Engineer Manager Horticulture Works

Clause C.1 Director Engineering & Horticultural Services

Special Projects Engineer Senior Traffic Engineer Manager Civil Works & Services Manager Engineering & Technical Manager Project Delivery Principal Engineer Civil Works Engineer Manager Horticulture Works

Clause D.1 Director Engineering & Horticultural Services

Special Projects Engineer Senior Traffic Engineer Manager Engineering & Technical Manager Project Delivery

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Clause E.1 Director Engineering & Horticultural Services Special Projects Engineer Senior Traffic Engineer Manager Engineering & Technical Manager Project Delivery

subject to - (i) the conditions contained in the Minister’s Notice; and (ii) where applicable the conditions contained within the

‘Notice from the Commissioner of Highways for the Temporary use of Traffic Control Devices by persons other than Road Authorities’ dated 8 April 2002, as amended from time to time;

(iii) any conditions contained in this Resolution or in such

instrument; and (iv) the creation of a separate instrument in writing

reflecting such authorisations under the Minister’s Notice and this Resolution.

7.2 The said instrument shall be in substantially the same form as

the proposed instrument of authorisation marked Appendix W and distributed to Members under separate cover.

7.3 In exercise of the power contained in, and in accordance with,

Clause F.1 of the Notice to the Council dated 17 June 2006 from the Minister for Transport (‘the Minister’s Notice’), the power contained in Section 33 (1) of the Road Traffic Act 1961 and delegated to Council pursuant to Clause F of the Minister’s Notice is hereby sub-delegated to the person occupying the office of the Chief Executive Officer 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 (iii) the creation of a separate instrument in writing

reflecting such sub delegation under the Minister’s Notice and this Resolution.

7.4 The said instrument shall be in substantially the same form as

the proposed instrument of sub delegation marked Appendix W and distributed under separate cover.

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8. Delegation to the Community Development Grants Committee

That Council reaffirms the delegation of authority to the Community Development Grants Committee to issue grants to parties applying for funds under the Community Development Grants Scheme to the limit of the funds allocated to that project in the Council’s budget for the respective financial year.

18.12 ELECTED MEMBERS’ ATTENDANCE AT CONFERENCES - POLICY

Maggie Dowling/Meredith Nunan (Prepared: 26/7/2012) (Ref: FF/2011/1887 / 12.77491) (1) That Council endorses the new Policy, Elected Members’ Attendance

at Conferences, as detailed below, to replace Policy 09.02 – Conferences – Overseas:

POLICY STATEMENT 1. Decision Making Authority

1.1 Attendance at a local (residential), interstate or overseas conference by an Elected Member will be determined by a resolution of Council based on a report to Council which includes the: - subject and content of the conference, - relevance to Council business, - date, time and place, - cost, and - available funds in the conference budget.

1.2 Local conferences with the same or similar content will

be considered before interstate or international conferences.

1.3 A Council resolution approving attendance at a conference will include the names of all the Elected Members approved for attendance.

2. Travel and Accommodation Arrangements

2.1 City of Mitcham will arrange and pay for all flight costs

directly associated with getting to and from a conference.

2.2 All travel will be economy class and purchased at a

competitive price. 2.3 Where taxis are used, they are to be paid via cab-

charge dockets or credit cards. Dockets are available from the CEO’s Executive Assistant and will be provided on the basis of the itinerary of the Elected Member.

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2.4 City of Mitcham will arrange and cover the cost of accommodation associated with attendance at any conference held more than 50km away from the council area. Where travel arrangements require the Elected Member to arrive the day before the conference and/or leave the day following the conference, the additional accommodation costs will be met by Council.

2.5 Elected Members are able to claim reimbursement for

meals and taxi fares associated with the conference. 2.6 Where the partner of an Elected Member accompanies

the Member, all extra associated costs will be met by the Member. The costs of any extended personal stays will be met by the Elected Member.

3. Booking Arrangements

Administration will organise travel, accommodation and conference registrations and arrange for Council to be invoiced for these costs.

4. Conference Feedback Elected Members attending a conference will be required to table a written report to Council together with copies of any conference papers within three months of attending a conference. The report will include a brief summary of the conference content and information on the main items of particular interest and/or relevance to Council.

5. Delegation to Reimburse The CEO has delegated authority to authorise reimbursement of Elected Members expenses as per 6.2.5.

(2) That Council endorses the amended policy, Induction Training and

Development for Elected Members as detailed below:

POLICY STATEMENT 1. Content of Induction Program

An Induction Program will be designed by the Chief Executive Officer, in consultation with the Mayor/Chairperson and will be presented to Council for endorsement.

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The program content will include the following elements: Relationship Building

Although they have different roles Elected Members and senior staff, led by the Chief Executive Officer, have shared responsibility for the strategy, priorities, efficient resource use and overall performance of services delivered to the community. The development of a strong working relationship is therefore critical. The Induction Program will focus on building professional working relationships.

Roles and Responsibilities

There are separate but complementary roles for the Council as a whole, individual Elected Members and the Chief Executive Officer. The design of the Induction Program will set a positive tone and establish clear roles and responsibilities between the parties from the outset. This module will also include decision making and administrative law as it relates to the elected body.

Conduct of Council Members and Procedure at Meetings

Equally important to decision making is the smooth functioning of the elected Council and the cooperation of Elected Members. The Induction Program will provide for information and discussion of the law and procedure of meetings and sufficient opportunities for team building amongst Elected Members.

Values and Behaviours

It is desirable that the new Council endorses a set of values and behaviours which will allow it to function in a collaborative and constructive manner. Within the first twelve months of the new Council there will be an opportunity for all Elected Members to contribute to the construction of a values statement and the review of the Elected Member Code of Conduct.

Strategic Directions and Policy Statements

As an early priority the new Council needs to review the strategic directions, policy statements and major projects agreed by the previous Council and determine whether they will continue to be endorsed. The Induction Program will include briefings with sufficient detail to ensure that all Elected Members have a common understanding of key policy areas and ongoing projects.

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Orientation

It is desirable that all Elected Members, including first time Elected Members, are equipped to participate effectively in the business of the Council from the first meeting after a periodic election. In addition to the above elements induction will include an orientation program for first time Elected Members. Consideration may also be given to the timing and content of the first and second meetings of the new Council in order to accommodate time for appropriate levels of training. Areas for further training and professional development will be identified during the Induction Program.

2. Training and Development Plan Council will develop and adopt a training and development plan to ensure that activities available to all Elected Members contribute to the achievement of the strategic and good governance objectives of Council. Council recognises that some of the training needs of Elected Members will be specific to their legislative and governance roles and functions such as:

Role and function of Elected Members;

Relationship between Elected Members, the CEO and Staff;

Meeting Procedures;

Conflict of Interest;

Code of Conduct;

Decision Making / Administrative Law;

Caretaker Period; and.

Media Training.

Other training issues will emerge that are specific to service areas and other community issues and address environmental, social and economic challenges facing the community. In preparing its training and development plan the Council will utilise a range of strategies to identify the needs of Council and match these needs against its strategic and good governance objectives. The training and development needs of Elected Members will be determined using a variety of methods including:

Local Government industry surveys;

Internal surveys;

Requests for feedback; and

Induction Program.

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It is recognised that a range of delivery methods will be required to support the training needs of Council Members, including:

Seminars and informal (briefing) sessions conducted by Council with appropriate guest speakers and trainers;

Attendance at seminars and conferences offered by organisations such as the Local Government Association of SA, Australian Local Government Association, Local Government Managers Australia and other private providers that provide an opportunity for Council Members to gain new skills, network with other Council Members and staff from within and outside of South Australia;

Purchase of training booklets and discussion papers that could be distributed to Members for information; and

On-line training delivery. In accordance with Policy 09.10 – Members’ Allowances and Support, the Chief Executive Officer has delegated authority to approve the attendance of Members at up to two Local Government Association training sessions (of either 1 day or ½ day duration) in any one financial year, provided there are sufficient funds in the Elected Member training budget.

3. Annual Budget Allocation A budget allocation will be provided to support the induction, training and development activities undertaken by Council. All requests to attend residential training and/or conferences must be endorsed by Council. Once the budget has been expended in any one financial year, all further requests to attend training must receive Council approval.

4. Participation in Induction and Attendance at Seminars and Training Programs/Activities

The Induction Program and training plan will determine the nature of training to be made available; however, the cost of access to training programs not directly conducted by the Council may require approval upon application and must link to the training plan unless otherwise agreed by the Council. Following attendance at a seminar or training program or activity individual Elected Members may be are required to prepare table a written report to Council outlining the nature of the training program/ activity and the benefits gained through attendance., along with feedback on ideas to enhance the program/activity. All training undertaken by Elected Members will be recorded in the Council Allowances and Benefits Register which will be updated as required to reflect attendances.

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5. Payments/Reimbursements

The reimbursement of expenses for training purposes must be approved by the Council (consistent with its training plan) through a separate resolution endorsing attendance at the training program/activity. Where approval has been granted by Council for attendance at a training program/activity conference, a Member may seek reimbursement of expenses in accordance with the Elected Members’ Attendance at Conferences Policy.

6. Annual Reporting Council’s Annual Report will include a segment regarding the operation of this Policy, the nature of matters raised in the Induction Program, training plan, attendances by Members and expenditure allocated and used for training of Elected Members.

Policy Review

This policy will be reviewed at least once during each term of Council.

INFORMATION ONLY REPORTS 18.13 SECTION 270 REPORT – ANNUAL REVIEW 2011/2012

Maggie Dowling / Meredith Nunan (Prepared: 7/8/2012) (Ref: FF/2012/1695 / 12.81473) That the report be received for information only.

18.14 CHANGES TO HOME AND COMMUNITY CARE Maggie Dowling / Jenny Sandow (Prepared 9/8/12) (Ref: FF/2011/1791 / 12.85483) That the report be received for information only.

18.15 MEETINGS ATTENDED BY THE CHIEF EXECUTIVE OFFICER

Joylene Neddermeyer (Prepared 12/07/12) That the report be received for information only.

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18.16 CORRESPONDENCE FOR INFORMATION ONLY

Matt Pears (Prepared: 21/8/12) That the report be received for information only.

19. MOTIONS WITHOUT NOTICE

This item was dealt with earlier in the meeting.

20. REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED (Function/Activity: Governance/Committees) MOVED Cr Ward that the report be received for information only. SECONDED Cr Fisher CARRIED

21. ANY OTHER BUSINESS

The Mayor declared that he will call a Special Council Meeting on Tuesday, 4 September 2012 to discuss the City West Activity Centre land purchase.

22. CONFIDENTIAL

Nil

CLOSE: There being no further business, the meeting closed at 11.38 pm.


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