Council Meeting Minutes - City of Burnside · 2019-08-18 · Council Minutes 13 August 2019 •...

Council Minutes 13 August 2019 [These minutes are unconfirmed until 27/8/2019]

Council Meeting Minutes

13 August 2019 | Meeting commenced at 7.00 pm Council Chamber

401 Greenhill Road, Tusmore

Members Present: Mayor Monceaux Councillors Piggott, Davey, Hughes, Cornish, Henschke, Huebl, Daws, Turnbull, Carbone, Lemon, Davis (from 7.11pm)

Staff Present: Barry Cant, A/Chief Executive Officer Michelle Kennedy – A/General Manager, Urban and Community Martin Cooper – General Manager, Corporate and Development

The Mayor delivered the traditional acknowledgement of Country and formally paid respect to the original custodians of the land.

The Mayor acknowledged those who gave their lives for this Country.

The Mayor read the opening prayer.

The Mayor advised of the relevant legislation and offences that address behaviour that disrupts a Council Meeting.

Evacuation Procedure

The Mayor read the evacuation procedure.

Recording of Council Meetings

The Mayor advised that the Council Meeting is recorded and live streamed.

Apologies

Councillor Jones

Leave of Absence

Leave of Absence Request – Councillor Carbone (4.1)

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Council Minutes 13 August 2019

Recommendation C12201 That the Leave of Absence be granted for Councillor Carbone for the period 1 September 2019 through to 15 September 2019 inclusive.

Moved Councillor Piggott, Seconded Councillor Hughes CARRIED UNANIMOUSLY Confirmation of Minutes C12202 That the minutes of the Ordinary Meeting of Council held on 23 July 2019 be taken as read and confirmed.

Moved Councillor Henschke, Seconded Councillor Cornish CARRIED UNANIMOUSLY Deputations Nil Petitions Nil Questions on Notice Parking on Alexandra Avenue (9.1) Councillor Henschke asked the following Questions on Notice: On Saturday 26th and Sunday 27th of July, Alexandra Avenue appeared to be a parking lot for events at Victoria Park.

1. Does the Events Management Plan of the Adelaide City Council give any consideration to parking impacts in residential areas of the City of Burnside?

The City of Adelaide’s Adelaide Park Lands Event Management Plan 2026-2020 can be accessed via the link below;

https://d31atr86jnqrq2.cloudfront.net/docs/plan-parklands-mgmt-events-2016-2020.pdf?mtime=20190514113244

The Plan only alludes to and provides indirect consideration to parking in Rose Park and Dulwich. Under Section 2.1 (Planning a great event), one of the things an event organiser should do as part of planning a great event is;

• Encourage and promote public transport, walking and cycling options to access

the event, particularly for events in premium sites. • Further, under Section 2.3 (Access to the Park Lands), other things event

organisers should do (to maximise access to the Park Lands) is;

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• Ensure public access to pedestrian and cycle paths to the maximum extent possible.

• Ensure parking is maintained for all users of the Park Lands where possible.

Pages 42 and 43 deal specifically with Victoria Park. The guides in relation to access as extracted are:

Vehicle access Various access points Accessible parking Accessible parking to be made on Fullarton Road in negotiation with Burnside City Council Transport Multiple bus services operate along Hutt Street (including the free City Connector) and Fullarton Road Park Lands trail and shared use paths provide convenient pedestrian and cycling access throughout the site It is assumed that the reference to accessible parking relates to the parking accessed by the slip lane on the western side of Fullarton Road.

2. What powers does the City of Burnside have to require the Adelaide City Council to constrain parking impacts?

The Council has no provided powers to require the City of Adelaide to take action or give consideration to the matter of constraining parking impacts.

However, the Administration is seeking information from the City of Adelaide in relation to the timing of significant events on Victoria Park. One possible action that could be taken is to establish temporary parking controls (e.g. 2P resident permit exempt) during the course of these more significant events.

Laneways in the City of Burnside (9.2) Councillor Davey asked the following Questions on Notice: 1. How are Laneways at the rear of many old properties defined & how many are

located in City of Burnside? Laneways are classified as part of Council’s Road Hierarchy – currently the City of Burnside has 41 streets classified as laneways. It should be noted that this does not include any privately owned laneways.

2. How many homes in COB have been approved for construction with a Laneway

address?

16 3. What provision has been made for ‘off street’ parking for these home approvals?

The Development Plan guidelines require a minimum 2 off-street car parking spaces per dwelling. In some cases where a development requires additional spaces beyond the minimum of 2, Council staff make a subjective assessment to ensure it is met.

The Administration is unable to provide information relating to how many carparks exist for each of the dwellings (due to time constraints) although it is believed that each one has at least two off street car parks, given our processes to comply with the above mentioned guidelines.

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4. What provision is made across all COB laneways to ensure through access for all emergency vehicles e.g. fire, ambulance, police and rubbish removal trucks is maintained at all times?

Access along laneways by emergency service vehicles or any other road user are investigated on a case by case basis, as issues are brought to Council’s attention. Australian Road Rule 208(7)(8) applies to laneways as it does to roads and streets to ensure a minimum of 3.0 metre space is available in order to allow any vehicle to safely pass a parked vehicle. Formal parking controls (signs) are utilised in laneways where it is considered appropriate such as where a high volume traffic occurs or high number of garages/access points exist.

5. How many residents or business premises have been given approval to use laneways

– even temporarily – for storage/location of garden waste, skip bins, landscaping & building materials? On what basis have any such approvals been made?

The Administration does not provide permission for anyone to use laneways for such purposes. Requests are received for skip bin placement but these are not permitted / granted due to parking restrictions or the fact that there is insufficient space.

Councillor Davis entered the Chamber at 7.11pm. Motions on Notice Kaurna Recognition – Councillor Cornish (9.1) Motion C12203 1. That, pursuant to the Heritage Policy, Council asks the Administration to provide a

report with a list of Kaurna names to co-name its larger reserves and other culturally significant sites and any other measures that would appropriately recognise the Kaurna culture and heritage within the City of Burnside.

2. The Administration liaises with appropriate Kaurna elders, the Department of the Premier and Cabinet’s Aboriginal Affairs and Reconciliation Division, other LGA’s with experience in recognising and promoting indigenous affairs and culture; and any other organisation as deemed appropriate.

3. That the report be provided to Council at a March 2020 meeting.

Moved Councillor Cornish, Seconded Councillor Huebl CARRIED UNANIMOUSLY Council Assessment Panel Membership – Councillor Cornish (9.2) Motion C12204 1. That Council writes to the State Minister for Planning requesting that consideration be

given to increasing the number of Elected Members being member of the City of Burnside’s Council Assessment Panel.

2. The request should provide a variety of options in terms of the composition of the Council Assessment Panel.

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3. This may include an independent Chair and independent membership from persons with qualifications in planning, urban design, urban environments, heritage matters, transport logistics, legal matters regarding planning and the possibility of including local residents.

4. That if the Minister for Planning cannot provide approval, that the City of Burnside requests the Minister for Planning review the Government of South Australia’s position on the composition of Council Assessment Panels to provide a greater democratically accountable, local and community interested voice.

5. That a copy of this letter be provided to all local State Members of Parliament representing within the boundaries of the City of Burnside.

Moved Councillor Cornish, Seconded Councillor Lemon CARRIED UNANIMOUSLY Heritage Reform – Councillor Henschke (9.3) Motion C12205 1. That the Council write to thank The Honourable Vickie Chapman MP for the Bragg

Heritage Forum held on 16 July that raised awareness of heritage issues for residents and ratepayers.

2. That based on the concerns and issues of the LGA that Council supports the following recommendations as a Council position and to be submitted as motions to the Greater Adelaide Region Organisation of Councils (GAROC) LGA group (or other suitable forum) in relation to heritage policy:

2.1 That current heritage classifications and protections including Historic Conservation Zones/Policy Areas and Contributory Items be transitioned in their current form into Generation 1 of the new planning system;

2.2 That the State Government implement the recommendations of the first report of the Heritage Inquiry; and

2.3 That the State Planning Commission enter into genuine engagement with local government on the detail of the Planning and Design Code as it relates to heritage and character, and in particular demolition control.

3. That Council raise the awareness of residents and ratepayers of items 1 and 2 of this motion in the next publication of Focus Magazine and on-line media.

Moved Councillor Henschke, Seconded Councillor Cornish CARRIED UNANIMOUSLY Public Question Time Reinstatement – Councillor Daws (9.4) Motion C12206 That Public Question Time be reinstated, in accordance with the Rules adopted by the Council on 27 November 2018, until the existing Code of Practice – Meetings and Documents – Access and Procedures is considered by the Council.

Moved Councillor Daws, Seconded Councillor Huebl CARRIED

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A Division was called by Councillor Daws.

IN FAVOUR Councillor Carbone Councillor Turnbull Councillor Daws Councillor Huebl Councillor Henschke Councillor Piggott

AGAINST Councillor Lemon Councillor Cornish Councillor Hughes Councillor Davey Councillor Davis

The Division resulted in the Motion being CARRIED Adelaide Hills and Fleurieu Peninsula Public Transport Support – Councillor Cornish (9.5) Motion C12207 1. That Council writes to the State Minister for Transport, Infrastructure and Local

Government, Federal Minister for Infrastructure, Transport and Regional Development, Infrastructure SA, and Infrastructure Australia to support the Mount Baker District Council’s leadership role to pursue the key recommendations of the Adelaide Hills – Fleurieu Peninsula Regional Public Transport study.

2. That Council notes the study’s statement that public transport services to the Adelaide Hills – Fleurieu Peninsula region are inadequate based on stakeholder and community feedback survey and submissions.

3. That Council supports increasing public transport services to the Adelaide Hills and Fleurieu Peninsula region to reduce the ever-increasing traffic volumes and the increased risks to community safety, when drivers use the City of Burnside’s local streets to avoid congested arterial roads.

4. That a copy of this letter be provided to all local State and Federal Members of Parliament representing within the boundaries of the City of Burnside.

5. That a copy of this letter be provided to the State Shadow Minister for Transport and Infrastructure and Federal Shadow Minister for Infrastructure, Transport and Regional Development

6. That a copy of this letter be provided to all Eastern Region Alliance Councils, The Corporation of the City of Adelaide, Adelaide Hills Council, City of Mitcham, and the Mount Baker District Council.

7. That Council notes the previous correspondence Council had with the Government of South Australia in March 2012 which requested consideration of passenger commuter train services to Mount Barker.

Moved Councillor Cornish, Seconded Councillor Henschke CARRIED UNANIMOUSLY National Tree Day – Councillor Turnbull (9.6) Motion C12208 6


1. That the Council Administration, through the ongoing management and revision of the Canopy Action Plan, make recommendations on how to best celebrate National Tree Day, commencing in 2020.

2. That in celebrating National Tree Day, Council, as a minimum, seeks to engage local community groups and schools in tree planting activities, and that any budget implications be included for consideration in the 2020/21 Annual Business Plan and Budget process, and where applicable through quarterly budget revisions in 2019/20.

Moved Councillor Turnbull, Seconded Councillor Lemon CARRIED UNANIMOUSLY Landscaping at Swimming Pool Entrance – Councillor Davey (9.7) This motion was withdrawn by Councillor Davey. Questions without Notice Nil Motions without Notice Nil Reports of Officers Operational and Community Land Motion Register Six Monthly Review (12.3) Motion C12209 That the Report be received.

Moved Councillor Cornish, Seconded Councillor Hughes CARRIED UNANIMOUSLY Entertainment and Hospitality – Proposed New Policy (12.4) Motion C12210 1. That the Report be received.

2. That Council adopt the Entertainment and Hospitality Policy proposed by the Administration.

Moved Councillor Davey, Seconded Councillor Lemon CARRIED UNANIMOUSLY

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Portion of Knox Terrace, Skye– Proposed Road Process and Sale (12.6) Motion C12211 1. That the Report be received.

2. That, in exercise of its power under Section 5 of the Roads (Opening and Closing) Act, 1991, Council commence a Road Process to close a portion of road known as Knox Terrace, Skye that is delineated by cross hatching in Attachment D of the report titled “PORTION OF KNOX TERRACE, SKYE– PROPOSED ROAD PROCESS AND SALE (OPERATIONAL)” and, that the Chief Executive Officer is authorised to take all steps and exercise any powers necessary and incidental to carrying this decision into effect.

3. That, on the basis that the resultant portion of closed road is surplus to Council’s requirements, Council make a Road Process Order in accordance with Section 15 of the Roads (Opening and Closing) Act 1991 to close the resultant portion of closed road subject to the below stipulations:

3.1 The successful completion of a Road Process as per Recommendation 2 above; and

3.2 No substantive objections or requests for easement being received during the public notice period of the Road Process.

4. That, subject to the successful completion of a Road Process Order being made as per Recommendation Item 3 above, the said land be excluded from classification as community land pursuant to section 193(4) of the Local Government Act 1999.

5. That Council approves the sale of the resultant portion of closed road to the owner of 26 Knox terrace, Skye for an amount to be determined by a licensed valuer plus all costs associated with the proposal subject to:

5.1 The successful completion of a Road Process Order being made as per Resolution Item 4 above; and

5.2 Any conditions the Chief Executive Officer considers appropriate.

6. That proceeds from the sale of any closed road be directed into the Council’s Open Space Reserve Fund.

7. That Council authorises the Mayor and Chief Executive Officer to execute and affix the Council’s Common Seal (where necessary) to give effect to the transactions set out above.

Moved Councillor Lemon, Seconded Councillor Piggott CARRIED UNANIMOUSLY Chief Executive Officer Report – July 2019 (12.1) Motion C12212 That the Report be received.

Moved Councillor Lemon, Seconded Councillor CARRIED UNANIMOUSLY

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Appointment of Member to the Brown Hill and Keswick Creeks Stormwater Subsidiary (12.2) Motion Councillor Huebl left the Chamber at 8.12pm and returned and resumed his seat at 8.14pm. 1. That the Report be received. 2. That Council requests that BHKC advertise for and recruit a Board member with

specific skills in Finance and Governance. 3. That the A/CEO write to all member Councils of BHKC explaining Councils desire to

test the market prior to appointment of Board Members for three year terms to the BHKC Board.

Moved Councillor Piggott, Seconded Councillor Davey LOST Motion C12213 1. That the Report be received.

2. That Council accept and endorse the Nominations Committee recommendation to reappoint Geoff Vogt to the Brown Hill and Keswick Creeks Stormwater Board for a period of three years.

Moved Councillor Cornish, Seconded Councillor Lemon CARRIED UNANIMOUSLY Footpath Policy – Review (12.5) Motion 1. That the Report be received.

2. That Council continue with the current Policy.

Moved Councillor Henschke Due to a lack of seconder the motion LAPSED Motion C12214 1. That the Report be received.

2. That Council adopt the revised Footpath Policy.

Moved Councillor Davis, Seconded Councillor Piggott CARRIED Adjournment of Meeting C12215 That the Council Meeting be adjourned for a refreshment break of 10

minutes until 9.20pm.

Moved Councillor Davey, Seconded Councillor Davis CARRIED 9


The meeting resumed at 9.21pm. Civic Centre Site – Proposed Community Engagement Plan (12.7) Motion C12216 1. That the Report be received.

2. That Council approves the proposed engagement plan for the purposes of commencing community consultation, with the addition of the following targeted groups within the stakeholder listing, one for Mature Age Sector and another for Disabled Sector.

3. That Council notes that the associated budget for this process as outlined in the body of this report will be included as part of the quarterly budget review process.

4. That, following community consultation, a report be provided to Council summarising the results from the engagement process and recommends next steps.

Moved Councillor Davey, Seconded Councillor Piggott CARRIED A Division was called by Councillor Henschke.

IN FAVOUR Councillor Lemon Councillor Huebl Councillor Cornish Councillor Hughes Councillor Davey Councillor Piggott Councillor Davis

AGAINST Councillor Carbone Councillor Turnbull Councillor Daws Councillor Henschke

The Division resulted in the Motion being CARRIED Subsidiaries, Regional Subsidiaries and other Organisations/Entities Eastern Waste Management Authority (13.1) Nil Eastern Health Authority (13.2) Nil Highbury Landfill Authority (13.3) Nil ERA Water (13.4) Nil Eastern Region Alliance (13.5) Nil 10


Mayor’s Report Recommendation C12217 That the Mayor’s Report be received. Moved Councillor Hughes, Seconded Councillor Davis CARRIED Reports of Members, Delegates and Working Parties Councillor Henschke: • Attended and delivered the Ode of Remembrance at the 100th Anniversary of Peace

Day Ceremony, arranged by the City of Burnside, at the Burnside Fallen Soldiers Memorial at Rose Park.

• Attended a meeting of the Local Government Reform Reference Group (Mayors) hosted by the Minister for Local Government.

• Participated in August Council Assessment Panel (CAP) Meeting • Engagement with Rose Park residents on Heritage matters Councillor Piggott attended the 2019 SA Science Awards on 9 August for work reasons and was fortunate to be present for the announcement of Dr Philip Roetman, our Environmental and Sustainability Officer as the 2019 Unsung Hero of SA - Science Communication. Councillor Turnbull: • Attended Council Meeting on 23 August 2019 • Attended workshop on Kensington Gardens Reserve • With Co Councillor Daws, visited Botanic Garden Wetlands and Reserves in Burnside

Ward • Attended a Campbelltown Council Meeting • Attended official opening of SALA Exhibition “ Funny Bones “ at Eastwood

Community Centre • Attended Workshop on Confidential Items Councillor Daws: • With Cr Turnbull, visited Botanic Gardens ‘natural play’ area off Hackney Road • With Cr Turnbull, attended Campbelltown Council meeting to witness its Public

Question Time session first hand • Attended ‘Funny Bones’ SALA Exhibition at invitation of Eastwood Community Centre • Attended Old Collegians rugby game at invitation of club President (and reviewed its

clubhouse development plans) Councillor Huebl: • Met with residents concerning development in the Beaumont Ward area. • Attended the EM workshop on 8th August. • Met with residents concerning climate change actions being taken by the council. • Attended the opening of the SALA Exhibition ‘Other Homes and Gardens’ at the

Adelaide Central School of Art in Glenunga. Councillor Hughes: • 26 July Meeting with Chair of ERA Water at commencement of term as new Board

member • 8 August - Attended Elected Member workshop • 13 August - Meeting with Acting CEO regarding ERA Water

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Council Correspondence / Memorials 13.1 Response letter to the Member for Bragg – Wheel Park support 13.2 Response letter to the Commissioner for Children and Young People – Wheel

Park support (including incoming letter) 13.3 Letter from Member for Bragg re Statutes Amendment (Decriminalisation of

Sex Work) Bill 2018 13.4 Long Serving Council Volunteer Mary Wilson (information only – no

attachment) Mary Wilson was a long serving volunteer (18 years’ service) in the library and was a member of the Wednesday and Thursday afternoon book repair groups. She was well regarded by staff members and other volunteers. She taught many Library Repairs volunteers and staff the finer points in repairing, covering and contacting books. She was extremely dedicated to her role and gave thousands of hours of her time to the library and was a friend to many. Mary passed away peacefully on 2 August 2019. The Administration has arranged for flowers to be sent to her family.

Recommendation C12218 That the Council correspondence in Item 13 and Memorial information be noted and received. Moved Councillor Daws, Seconded Councillor Cornish CARRIED Other Business Nil Confidential Items Nil Closure The meeting concluded at 10.01pm. Minutes confirmed this day of 2019

Mayor / Presiding Member

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Council Meeting Minutes - City of Burnside · 2019-08-18 · Council Minutes 13 August 2019 •...

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