Campbelltown City Council

Campbelltown City Council
Minutes
Council Meeting
Minutes of the meeting of the Council held in
the Council Chamber, 172 Montacute Road,
Rostrevor
Tuesday 20 January 2015
Minutes - Council
20 January 2015
Elected Members Present:
Mayor Brewer
Councillor Amber
Councillor Barbaro
Councillor Grigg
Councillor Kennedy
Councillor Leombruno
Councillor Nenke
Councillor Noble
Councillor Tidd
Councillor Whittaker
Council Staff Present:
Chief Executive Officer
General Manager Corporate & Community Services
General Manager Infrastructure Services
General Manager Urban Planning & Leisure Services
Manager Governance & Communications
Manager Planning Regulation & Environmental Services
Executive Assistant
Meeting Commenced: 7.30 pm
Meeting Reconvened: 10.01 pm
1.
Meeting Adjourned:
9.42 pm
Meeting Concluded: 10.35 pm
Opening of the Meeting
The time being 7.30 pm Mayor Brewer opened the meeting.
2.
Apologies
Cr Leombruno moved and Cr Kennedy seconded that an apology be received for the
absence of Cr Ryan.
Carried
3.
Minutes
Cr Tidd moved and Cr Barbaro seconded that the minutes of the meeting of the Council
held on Tuesday 16 December 2014 as printed and circulated be taken as read and
confirmed.
Carried
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4.
Public Question Time
5.
Business Adjourned
20 January 2015
Nil.
6.
Questions With Notice
Nil.
7.
Petition
Nil.
8.
Deputations
Nil.
9.
Motions on Notice
9.1
Cr Nenke moved and Cr Kennedy seconded that Council hold a workshop
between the Mayor and Elected Members, the Chief Executive Officer and
General Managers, and Planning and Development Staff to define a united
direction when considering all future high density infill development proposals.
With the consent of the Mover, Seconder and the Council the Motion was altered to
reflect the following:
that Council hold a workshop between the Mayor and Elected Members, the
Chief Executive Officer and General Managers, and Planning and
Development Staff to investigate possible directions when considering all
future high density infill development proposals.
Carried
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20 January 2015
Cr Kennedy moved and Cr Amber seconded that Items 10.1 to 10.2 be moved in block.
Carried
10.
Recommendations from Committees
10.1
Development Assessment Panel - Minutes, Tuesday 16 December 2014
Cr Kennedy moved and Cr Amber seconded that the minutes of the Development
Assessment Panel made at its meeting held on Tuesday 16 December 2014 be received.
Carried
10.2
Audit & Governance Advisory Committee – Minutes, Thursday
11 December 2014
Cr Kennedy moved and Cr Amber seconded that the minutes of the Audit & Governance
Advisory Committee made at its meeting held on Thursday 11 December 2014 be
received.
Carried
11.
Reports from Officers
11.1
Final Report from the Expert Panel on Planning Reform
TRIM Reference: b165
Cr Whittaker moved and Cr Leombruno seconded that Council endorse the following
submission to be submitted to the Department of Planning Transport and Infrastructure:
Reform 1 Establish a State Planning Commission
The creation of a Planning Commission is a good concept which has
the potential to have the Planning Minister focus on State level
strategy and not individual DPA’s and assessment matters. There is
the potential for duplication of roles and clarification would be needed
to ensure that efficiencies are gained and that it doesn’t just introduce
a new level of bureaucracy. Having Local Government representation
on the Commission would be vital for a balanced focus in providing
advice to the Minister and preparing Planning directions.
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Reform 2 Create a network of Regional Planning Boards
Council does not support the introduction of Regional Boards. They
are likely to result in duplication and the creation of additional layers
of bureaucracy. They would also result in additional costs which
would result in an additional burden to ratepayers. However should
they be introduced Council would support the level of local
government representation proposed.
Reform 3 Enact a Charter of Citizen Participation
Council supports this concept provided that both State and Local
Government are required to adhere to it. However it is noted that this
was likely to have some cost implications for Council when
developing and engaging on new policy and strategic documents.
Reform 4 Engage parliament in the development of planning policies.
This is a good concept for Parliament to be focused on Strategy and
Policy at the highest level. However it is noted that it is unclear how
this would be achieved.
Reform 5 Establish a single framework for State Directions.
The concept of this reform is supported.
Reform 6 Reshape planning documents on a regional basis
Council does not object to the concept of regional strategic and
planning documents provided Councils have a strong voice in their
preparation, direction and maintenance as they have the potential to
be more fine grained, and responsive to changing local
circumstances. The potential to have greater integration with
infrastructure providers and other bodies such as the NRM boards
would also be positive. Council maintains its concern about the
Minister retaining the right to overrule Regional planning Strategies
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Reform 7 Establish a single State-wide menu of planning rules
Council support this concept and note that this is something already
being undertaken in various forms by the Government, but not very
well. However Council is concerned that current efforts have resulted
in generic policy which is ineffective and not rolled out consistently
across Development Plans even when those Development Plans
ostensibly have the same generic modules, leading to variation
between versions of the same modules to address deficiencies and
local distinctive circumstances. It is believed that to work well the
reform would need to address these issues and ensure rigorous base
modules with room for effective local variation to maintain context.
It is noted that consultation on policy modules would need to be
effective and wide ranging to ensure that automatic changes to policy
in Development Plans does not cause significant impact to
developers, property owners or residents.
Reform 8 Place Heritage on renewed foundations
Council are supportive of this concept and particularly a central
depository for heritage places and more detail on heritage features
although again how this would work and interact with Development
Plans would need to be clarified. It is noted that there is an emphasis
on heritage places and an absence of comment on heritage areas or
zones.
The Council would also like to see the expansion of heritage to
include flora (particularly trees) where there is a strong link with local
history.
Reform 9 Make changing plans easy, quick and transparent
Notwithstanding the concerns about regional planning boards should
they be in place Council are supportive of this concept particularly the
simplification of Statements of Intent and the devolution of authority to
a level where Councils would have greater input. The Council also
noted that there would need to be significant clarification on how the
mechanics of this would work.
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Reform 10 Adopt clear simple development pathways
Council consider that this is a sensible concept provided the
assessment system and future policy development reinforce the
pathways rather than undermine their intent. The Council also noted
that there were elements of historic planning control mechanisms
suggested by the term ‘prohibited’.
Reform 11 Take the next steps toward independent professional
assessment
Council expressed some concerns this may flood a Regional Panel
with minor matters which would slow the development processes
down and noted that to be effective a Regional Panel would need to
be focussed on larger and more complex applications. This would
then mean either the maintenance of local Panels or a significant
extension of delegated authorities to Council staff.
Reform 12 Clarify the approval pathways for projects of State
significance
Council is supportive of this concept believing that it was sensible and
logical.
Reform 13 Streamline the assessment for essential infrastructure
Council view this as a positive reform.
Reform 14 Make the appeals process more accessible
Council consider that this concept is positive.
Reform 15 Provide new and effective enforcement options
Council is supportive of the concept of simplifying and strengthening
enforcement and compliance options.
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Reform 16 Reinforce and expand precinct planning
The Council are supportive of the concept for limited specific and well
justified situations however clarification of how the concepts would
operate would be required for further comment.
Reform 17 Settle and deliver an infrastructure funding framework
Council is supportive of this concept but felt that it should also include
reforms to allow Councils to clearly and simply recover the costs of
repair of Council infrastructure resulting from development within
established suburbs which is currently an ongoing financial burden to
local communities.
Council is supportive of the flexible concepts for the more effective
provision of open space, parks and urban greenery but highlight the
importance of an open and transparent mechanism for allocation of
funds.
Reform 18 Integrate open space and the public realm in the planning
system
Council is supportive of the flexible concepts for the more effective
provision of open space, parks and urban greenery but highlight the
importance of an open and transparent mechanism for allocation of
funds.
Reform 19 Aim for seamless legislative interfaces
Council is supportive of this aim.
Reform 20 Adopt an online approach to planning
Council is supportive of this concept however more should be done to
reach that goal.
Reform 21 Adopt a rigorous monitoring approach
Council is supportive of this concept and noted that additional
monitoring should focus on strategic and policy development
outcomes rather than the current focus on assessment outputs and
timeframes. Council also believes that the cost of this monitoring
should not be shifted to Local Government.
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Reform 22 Pursue cultural change and improved practice across the
system.
Council is supportive of this concept.
and that any reforms which result in additional cost to Local Government be funded by
the State Government.
Carried
11.2
Abolition of State Government Rate Concessions
TRIM Reference: B283
Cr Amber moved and Cr Leombruno seconded that Council:
1.
will not fund the withdrawn State Government funding for rate concessions
2.
advises all ratepayers in a letter as detailed in the Council Agenda on Page 78, with
the deletion of the first sentence in the second paragraph, along with minor
alterations made by Staff, currently receiving concessions of the withdrawal in
funding and encourage them to contact their local Member of Parliament to express
their concern with the withdrawal of this funding
3.
supports the Local Government Association’s campaign to seek reinstatement of
the concessions where appropriate.
An Amendment was moved by Cr Whittaker that Council:
1.
will not fund the withdrawn State Government funding for rate concessions
2.
advises all ratepayers in a letter as detailed in the Council Agenda on Page 78 with
any minor alterations made by Staff, currently receiving concessions of the
withdrawal in funding and encourage them to contact their local Member of
Parliament to express their concern with the withdrawal of this funding
3.
supports the Local Government Association’s campaign to seek reinstatement of
the concessions where appropriate.
Lapsed for the want of a Seconder
The Motion on being put was
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Carried
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Minutes - Council
11.3
20 January 2015
Eastern Districts Tennis Association request for funding the upgrade of
its tennis courts at Herb Reid Reserve, Samuel Street, Tranmere
TRIM Reference: B503
The Mayor advised he is the Patron of the Eastern Districts Tennis Association.
Cr Leombruno moved and Cr Barbaro seconded that the Eastern Districts Tennis
Association be advised that Council will consider allocating funding to undertake the
court resurfacing works from the Renewal and Replacement Fund at the time of
formulating the 2015/2016 Annual Business Plan and Budget.
An Amendment was moved by Cr Noble and seconded by Cr Nenke that the Eastern
Districts Tennis Association be advised that Council will consider allocating funding to
undertake the court resurfacing works from the Renewal and Replacement Fund at the
time of formulating the 2015/2016 Annual Business Plan and Budget subject to the
Association contributing $5,000 towards these works.
The Amendment on being put was
Lost
A Formal Motion was moved by Cr Amber and seconded by Cr Kennedy that the Motion
be put.
Carried
The Motion on being put was
11.4
Carried
Linear Park Shared Use Paths
TRIM Reference: B2450
Cr Amber moved and Cr Whittaker seconded that the resident be advised of the two
studies being undertaken with respect to the River Torrens Linear Park and the use
thereof and that her concerns will be sent to the consultants conducting the studies.
Carried
11.5
Self Assessment Framework for Council and its Committees
TRIM Reference: B921
Cr Amber moved and Cr Barbaro seconded that Council does not support the adoption of
the Self Assessment Framework.
Carried
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11.6
20 January 2015
Fences (Penalties) Amendment Bill 2014
TRIM Reference: B2419
Cr Kennedy moved and Cr Grigg seconded that Staff advise Mr Griffiths MP (with a copy
to the Local Government Association) that Council supports the introduction of the
Fences (Penalties) Amendment Bill 2014 subject to the following comments:
retention of the existing Sections 8 and 9 of the Act and that:

care should be taken in respect to the introduction of penalties for the Act as
the introduction of penalties may well result in unwarranted and undesirable
escalation of disputes in the Magistrates Court

if penalties are introduced, it is suggested that the penalty:

‐
for natural persons (individuals) be set at the value of the fencing work
plus the cost of the fence
‐
for bodies corporate the value of the penalty should be 5 times the value
of the fencing work plus the cost of the fence
if the Bill progresses, it should be a first step towards a comprehensive review
of the Fences Act as the effectiveness and appropriateness of this legislation
for today’s society has not been reviewed since 1997.
Carried
11.7
Policy Review – Executive Services
TRIM Reference: B118
Cr Grigg moved and Cr Tidd seconded that Council endorse the following draft Executive
Services Policies for the purpose of public consultation:












Administrative Policy For Elected Members
Appointments on Committees, DAP and External Bodies
Business Continuity Policy
Code Of Practice For Access to Meetings and Documents
Community Accountability
Elected Members' Training and Development
Internal Review Of Council Decisions
Prudential Management Policy
Public Consultation
Register of Interests
Request for Service & General Complaint Handling Policy
Risk Management.
Carried
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11.8
20 January 2015
East Waste Charter Review
TRIM Reference: B419
Cr Leombruno moved and Cr Kennedy seconded that Staff advise the East Waste Board
that in relation the East Waste Charter Review, Council generally supports the retention
of the existing Charter with one minor change as proposed by the Town of Walkerville to
the extent that each Constituent Council Proxy to the Subsidiary Board has voting rights.
Carried
11.9
Youth Advisory Committee Membership
TRIM Reference: B304
Cr Whittaker moved and Cr Kennedy seconded that Council appoint:
1.
the following Youth Community Members to the Youth Advisory Committee until
30 November 2016:




2.
Ms Claire Coleman
Ms Rania Neisi
Ms Jessica Vari
Ms Jing-Yang Li
the following School Representative to the Youth Advisory Committee until
30 November 2015:


Mr Bevan Thulkanam
Ms Giulia-Giorgina Condoluci.
Carried
11.10
Campbelltown Leisure Centre Redevelopment
TRIM Reference: B463
Cr Leombruno moved and Cr Kennedy seconded that the item be deferred to the end of
the meeting.
Carried
11.11
Consent Items
Cr Amber moved and Cr Kennedy seconded that with the exception of 11.11D the
following Consent Items be received and the recommendations contained therein be
adopted.
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11.11A
20 January 2015
Nominations Sought for the LGA Workers Compensation Scheme Board
– Circular 51.6
TRIM Reference: B2419
That the correspondence from the Local Government Association dated 18 December
2014 be received and that Cr Amber be nominated to the LGA Workers Compensation
Scheme Board.
11.11B
Nominations Sought for the LGA Mutual Liability Scheme Board –
Circular 51.7
TRIM Reference: B2419
That the correspondence from the Local Government Association dated 18 December
2014 be received and that Cr Amber be nominated to the LGA Mutual Liability Scheme
Board.
11.11C
Campbelltown Leisure Centre Redevelopment
TRIM Reference: B1434
That the correspondence from the Hon Christopher Pyne MP dated December 2014 be
received and that Council formally write to him thanking him for his assistance and
continued commitment in securing this funding.
11.11E
Nominations Sought for the Development Assessment Commission –
Circular 2.1
TRIM Reference: B2419
That the correspondence from the Local Government Association dated 5 January 2015
be received.
11.11F
Naval Shipbuilding
TRIM Reference: B165
That the correspondence from the Hon Martin Hamilton-Smith MP dated 16 December
2014 be received.
11.11G
Annual Leave Request – Chief Executive Officer
TRIM Reference: E38/02
That Council endorse the Chief Executive Officer’s annual leave for the period
26 October – 6 November 2015 and in accordance with the Local Government Act
appoint Ms Michelle Hammond as Acting Chief Executive Officer during that time.
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11.11H
20 January 2015
Personal Email Accounts and Council Members
TRIM Reference: B2077
That the correspondence from the SA Ombudsman dated 7 January 2015 be received.
11.11I
LGA 2015 Showcase and Ordinary General Meeting Notices of Motion
TRIM Reference: B283
That Council note the information provided in the report titled ‘LGA 2015 Showcase and
Ordinary General Meeting Notices of Motion’.
11.11J
Monthly Finance Report
That the Monthly Finance Report for the period 1 December 2014 to 31 December 2014
be received.
11.11K
Expression of Interest for 2016 Santos Tour Down Under
TRIM Reference: B2596
That staff lodge an Expression of interest to host a stage finish of the 2016 Santos Tour
Down Under.
11.11L
Nominations Sought for 2014/15 John Legoe Award – Circular 2.7
TRIM Reference: B2419
That the correspondence from the Local Government Association dated 8 January 2015
be received.
11.11M
New Regulations relating to the Coordinator-General’s Role
TRIM Reference: B165
That the correspondence from the Hon John Rau MP dated 7 January 2015 be received.
Carried
11.11D
Campbelltown Landcare Group Work Agenda for 2015
TRIM Reference: B349
Cr Amber moved and Cr Leombruno seconded that consideration of the Campbelltown
Landcare Group’s Work Agenda for 2015 be deferred until discussions with Council Staff
have occurred in relation to the Avenue of Honour at Wadmore Park / Pulyonna Wirra.
Carried
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12.
20 January 2015
Members’ Reports
Cr Whittaker moved and Cr Amber seconded that Staff be congratulated on the success
of the Santos Tour Down Under Event held today.
Carried Unanimously
Cr Whittaker
Advised there was a workshop held in the Chamber for the
Poppies Project which is celebrating the landing at Gallipoli
and there was a donation of 100 poppies from a lady from
Gawler. There will be a display of all these poppies at the
Gums on Anzac Day.
Cr Noble
Advised he lodged a petition on behalf of the residents with the
Chief Executive Officer regarding the proposed development in
Gameau Road.
Cr Grigg, Cr Leombruno and Cr Kennedy declared an interest in this matter due to being
Development Assessment Panel Members and left the chamber at 9.37 pm.
Cr Noble
Went on to advise of the major concerns regarding this
development that have been raised by residents and detailed
in the petition.
The time being 9.41 pm Cr Grigg, Cr Leombruno and Cr Kennedy re-entered the
meeting.
A Formal Motion was moved by Cr Kennedy and seconded by Cr Tidd that the meeting
be adjourned for the purpose of the evening break until 9.55 pm.
Carried
The time being 9.42 pm the meeting stood adjourned.
The time being 10.03 pm the meeting reconvened.
11.10
Campbelltown Leisure Centre Redevelopment
TRIM Reference: B463
Cr Leombruno move and Cr Kennedy seconded that:
1.
that under the provisions of Section 90 (2) of the Local Government Act 1999 an
order be made that the public except Elected Members and the following Staff Chief
Executive Officer, General Manager Corporate and Community Services, General
Manager Infrastructure Services, General Manager Urban Planning & Leisure
Services, Manager Governance and Communications and Executive Assistant be
excluded from attendance at the meeting in order to consider in confidence
Item 11.10.
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20 January 2015
2.
that the Council is satisfied that it is reasonably foreseeable that the public
disclosure or discussion of the report at the meeting could reasonably be expected
to confer commercial information of a confidential nature (not being a trade secret)
the disclosure of which could reasonably be expected to prejudice the commercial
position of the person who supplied the information, or to confer a commercial
advantage on a third party, as contained in Section 90 (3)(d)(i) and (ii).
3.
that an order be made under the provisions of Section 91(7) of the Local
Government Act 1999, that the report of the subject matter, having been dealt with
on a confidential basis under Section 90(3) of the Act, should be kept confidential
on the grounds that disclosure of information could confer commercial information of
a confidential nature (not being a trade secret) the disclosure of which could
reasonably be expected to prejudice the commercial position of the person who
supplied the information, or to confer a commercial advantage on a third party as
contained in Section 90 (3)(b)(i) until the matter is finalised with the signing of a
contract.
Carried
With the leave of the Council the meeting was extended to 11.00 pm.
Cr Amber moved and Cr Barbaro seconded that the Campbelltown Leisure Centre be
closed during the construction period to reduce the overall cost and construction time of
the project and that Staff work with the Dance Group, Norwood Basketball Club,
Futsal SA and Roller Derby to accommodate their needs in alternative locations while the
construction is taking place.
Carried Unanimously
13.
Closure of Meeting
The time being 10.35 pm the Mayor closed the meeting.
Certified a true record
............................................. CHAIRPERSON
Taken as read and confirmed this
day
............................................. CHAIRPERSON
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