MINUTES OF COUNCIL MEETING FOR THE TOWN OF GAWLER … · 8/23/2016 · HELD 23 AUGUST 2016, COUNCIL CHAMBER, TOWN HALL, 89 MURRAY STREET, GAWLER, COMMENCING AT 7:00PM ... 3.2 Ms

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MINUTES OF COUNCIL MEETING

FOR THE TOWN OF GAWLER HELD 23 AUGUST 2016, COUNCIL CHAMBER, TOWN HALL,

89 MURRAY STREET, GAWLER, COMMENCING AT 7:00PM

1. Statement of Acknowledgement

The Mayor read the statement of acknowledgement: We would like to acknowledge this land that we meet on today is the traditional lands for the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.

2. Attendance Record 2.1 Present Mayor Karen Redman Deputy Mayor David Hughes Area Councillors Kevin Fischer

David Hughes Paul Koch Merilyn Nicolson Adrian Shackley Robin Symes Ian Tooley Jim Vallelonga

Staff in Attendance Paul Horwood Acting Chief Executive Officer Ryan Viney Acting Manager Economic

Development, Regulatory Services & Communications

Sam Dilena Manager Engineering & Infrastructure Services

Erin Findlay Manager Library & Community Services

Patricia Coonan Minute Taker

TOWN OF GAWLER COUNCIL MEETING MINUTES

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2.2 Apologies Cr Beverley Gidman

2.3 Motions to Grant Leave of Absence

Moved Cr K Fischer Seconded Cr J Vallelonga Motion No: 2016:08:316 That Cr Kevin Fischer be granted a leave of absence from 30 August 2016 to 5 September 2016 inclusive.

CARRIED UNANIMOUSLY

2.4 Leave of Absence Nil

3. Public Open Forum

3.1 Dr Sandra Marshall of Dyslexia SA provided information regarding “Light it Red for Dyslexia 2016”.

Council Members asked questions and answers were provided. Mayor Redman thanked Dr Marshall for her presentation.

3.2 Ms Carmel Rosier expressed concerns relating to costs of the

Evanston Gardens Community Centre. Ms Rosier’s questions were taken on notice. Council Members asked questions and answers were provided. Mayor Redman thanked Ms Rosier for her presentation.

4. Deputations

4.1 Mr Paul Tomaiuolo, Power Cavalcade Mr Tomaiuolo spoke regarding a cavalcade of Power supporters and requesting support from Council for use of a venue to assemble, organise and depart to Adelaide.

Council Members asked questions and answers were provided. Mayor Redman thanked Mr Tolaiuolo for his presentation.

5. Petitions Nil 6. Confirmation of Minutes Moved by Deputy Mayor D Hughes Seconded by Cr R Symes Motion No: 2016:08:317

That the Minutes of the Council Meeting of 26 July 2016 as presented be taken as read and are hereby confirmed as a true and correct record.

CARRIED UNANIMOUSLY


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Moved by Cr M Nicolson Seconded by Cr I Tooley Motion No: 2016:08:318

That the Minutes of the Special Council Meeting of 18 August 2016 as presented be taken as read and are hereby confirmed as a true and correct record.

CARRIED UNANIMOUSLY

7. Business Arising from Minutes 8. Officer Reports Item 8.1 – Waste Management Charges – Gawler Community Retirement Homes (CC16/969) Mr Peter Smith, Manager Gawler Community Retirement Homes provided a brief presentation on this matter. Moved by Deputy Mayor D Hughes Seconded by Cr K Fischer Motion No: 2016:08:319

That: 1. The correspondence from Gawler Community Retirement Homes be

received. 2. The Waste Management Charge applied against Gawler Community

Retirement Homes be amended and charged on the basis of the actual number of waste bins provided, and that this number be reviewed on an annual basis.

CARRIED UNANIMOUSLY

Item 8.2 – Town of Gawler Civic Centre Update (CC14/1579) Mr Tony Materne of MPH Architects was available to answer questions. Ms Denise Schumann of Schumann and Associates was available to answer questions. Moved by Cr A Shackley Seconded by Cr K Fischer Motion No: 2016:08:320

That: 1. Council approves the Construction Documentation as presented by MPH

Architects and detailed in this report. 2. The signage package to form part of the Civic Centre and Administration

Centre redevelopment be progressed having regard to Council’s endorsed branding standards and that the Mayor and CEO be delegated the authority to approve the final signage details.


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3. Council approves that the Construction Documents be issued for a Select

Tender process as determined by the outcome of the Registered Expression of Interest (REOI) process which was adopted by Council on 27 July 2016.

4. The Tenders received be assessed and a report on the outcome be presented to Council in mid-November 2016 for final appointment of the preferred builder.

5. The Assessment Panel consist of: a. Ms Erin Findlay b. Mr Sam Dilena c. Mr Richard Wunderlich d. Mr Chris Sale e. Mr Tony Materne

and that the CEO be authorised to add or replace staff on the Assessment Panel as required.

CARRIED UNANIMOUSLY

See tabled document (Attachment 1) Item 8.3 – Gawler Aquatic Centre Use After 6:00pm (CC16/1027) Moved by Cr K Fischer Seconded by Deputy Mayor D Hughes Motion No: 2016:08:321

That: 1. The Gawler Aquatic Centre conduct a one season trial of the following

weekday public opening hours, managed and operated by Gawler Aquatic Centre staff: • Monday – Friday 6:00am to 7:30pm.

2. A report be presented to the Corporate and Community Services Committee after the 2016/17 season, incorporating evaluation of the trial weekday public opening hours.

CARRIED UNANIMOUSLY

See tabled document (Attachment 2) Item 8.4 – Loan Borrowings 2016-2017 (CC16/127) Moved by Cr K Fischer Seconded by Deputy Mayor D Hughes Motion No: 2016:08:322

That Council: 1. Approves the provision of a $10M Cash Advance Debenture from the Local

Government Finance Authority for a 10 year term. 2. Authorises the Mayor and Chief Executive Officer to sign and apply the

common seal of Council to all relevant documents, in order to execute the documents pertaining to the loan documentation.

CARRIED UNANIMOUSLY


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Item 8.5 – Monthly Finance Report – July 2016 (CC16/960) Moved by Deputy Mayor D Hughes Seconded by Cr K Fischer Motion No: 2016:08:323

That the Monthly Finance Report as at 31 July 2016 be noted.

CARRIED UNANIMOUSLY Moved Cr K Fischer Seconded Cr A Shackley Motion: 2016:08:324 That Item 8.9 Licence Over Car Park - Bright Street, Willaston be brought forward.

CARRIED UNANIMOUSLY Item 8.9 – Licence Over Car Park - Bright Street, Willaston (DA16/420) Deputy Mayor David Hughes, Cr Merilyn Nicolson and Cr Kevin Fischer declared a perceived conflict of interest in this matter as Members of the Development Assessment Panel. This matter may come before the Panel. 9:12pm Deputy Mayor Hughes, Cr Nicolson and Cr Fischer left the Chamber. Moved by Cr A Shackley Seconded by Cr J Vallelonga Motion No: 2016:08:325

That Council: 1. Approves the issue of a non-exclusive licence, for a period of 5 years, to

the Revival Fellowship Church as owners of 53 Panter St, Willaston for access to and use of the public car park located at the end of Bright St, Willaston.

2. Authorises the Mayor and Chief Executive Officer to sign and apply the common seal to all relevant documents, in order to execute the documents pertaining to the Car Park Licence Agreement.

CARRIED UNANIMOUSLY

9:15pm Deputy Mayor Hughes, Cr Nicolson and Cr Fischer returned to the Chamber.


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Item 8.6 – Motion for the 2016 Local Government Association AGM - Renewable Energy Sourcing (CC10/2957) Moved by Cr I Tooley Seconded by Cr A Shackley Motion No: 2016:08:326

That Council approves the following motion for inclusion in the Local Government Association 2016 Annual General Meeting agenda:

1. That the Local Government Association negotiations for power supplies for Councils include:

a. an assessment of the environmental benefits of increasing the level of renewable energy sources;

b. an assessment of how the Carbon Neutral policy of the State Government can be supported by Council power procurement;

c. how a partnership of Councils with the State Government may assist;

d. whether there may be economic and environmental benefits for Councils sourcing renewable energy through contracting with electricity retailers who source large and small scale generation certificates;

e. looking at template contracts which have options within them for Councils to choose higher levels of renewable energy; and

f. consideration of having template agreements with more than one supplier.

CARRIED UNANIMOUSLY

Item 8.7 – Gawler Greyhound Racing Incorporated – Council Financial Contribution – Demolition Works (CC10/2483) Moved by Cr K Fischer Seconded by Cr M Nicolson

That Council approves the payment of the agreed Council contribution of Fifty Two Thousand Dollars ($52,000 Inc. GST) to Greyhound Racing SA in accordance with the Special Conditions of the current Lease Agreement. The Mover, with the agreement of the Seconder withdrew the Motion. Moved Cr A Shackley Seconded Cr P Koch Motion: 2016:08:327 That the matter at Item 8.7 Gawler Greyhound Racing Incorporated – Council Financial Contribution – Demolition Works lie on the table.

CARRIED on the casting vote of the Mayor


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Item 8.8 – Proposed Town of Gawler Administration Centre Community Land Management Plan (CC10/2458) Moved by Cr I Tooley Seconded by Cr A Shackley Motion No: 2016:08:328

That: 1. Council authorises staff to commence public consultation in accordance

with the Council’s Public Consultation Policy and the requirements of the Local Government Act 1999.

2. Following the public consultation period, and review of submissions received, a final report be prepared for Council. However, if no formal submissions are received following the public consultation requirements and period, that staff be authorised to gazette and finalise the administrative requirements of the Town of Gawler Administration Centre Community Land Management Plan.

CARRIED UNANIMOUSLY

Item 8.10 – Revocation of Confidential Item - Gawler Caravan Park New Lease (CC10/2480) Moved by Cr K Fischer Seconded by Deputy Mayor D Hughes Motion No: 2016:08:329

That Council notes the revocation of confidentiality of Item 6.2 – Gawler Caravan Park – New Lease (CC10/2480), Motion No. 2015:12:518, written report of the Council Meeting held on 22 December 2015.

CARRIED UNANIMOUSLY


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Recommendations from Committees GAWLER YOUTH ADVISORY COMMITTEE - RECOMMENDATIONS 9.1 Item 5.2 -Youth Development Officer Report Moved by Cr P Koch Seconded by Deputy Mayor D Hughes Motion No: 2016:08:330 That Council adopts the recommendation from the Gawler Youth Advisory Committee made at item 5.2 of the meeting of that Committee meeting held on 1 August 2016, being: Motion No: GYAC: 2016:08:16 That the Gawler Youth Advisory Committee recommends to Council that 1. The three suggested locations for 2016/2017 Youth Urban Arts Program:

a) Pedestrian underpass tunnel, between Beadnall Terrace Gawler West and Marsh and Crosby Avenues Gawler South

b) Skate Park and Youth Precinct CCTV poles c) Reid Reserve under the railway bridge in the three locations identified be approved subject to staff undertaking risk assessments for each site.

2. Quarterly application closing dates (with equal distribution of funds) apply for both the Youth Artist Sponsorship and Youth Sports Person Sponsorship Programs effective from the 2016/17 programs.

3. The Youth Artist Sponsorship and Youth Sports Person Sponsorship Application Forms be amended as discussed.

CARRIED UNANIMOUSLY


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EXTERNAL FUNDS COMMITTEE - RECOMMENDATIONS 9.2 Item 4.1 - External Funds Committee Grant Update Report Moved by Cr R Symes Seconded by Deputy Mayor D Hughes Motion No: 2016:08:331 That Council adopts the recommendation from the External Funds Committee made at item 4.1 of the meeting of that Committee meeting held on 2 August 2016, being: Motion No: EFC:2016:08:17 That the External Funds Committee recommends to Council that:- 1. Staff investigate the CCTV Grant program and present back findings to the

October External Funds Committee Meeting for further consideration. 2. Council promote and assist, where possible, local community groups to

access Grant SA funding opportunities as detailed in this report. 3. The Grants Reconciliation Report as at July 2016 be noted. 4. A workshop be arranged to raise awareness and provide support for

community groups as it relates to accessing prioritising and submitting grant applications (specifically Grants relating to The Department for Communities and Social Inclusion).

CARRIED UNANIMOUSLY

INFRASTRUCTURE AND ENVIRONMENTAL SERVICES COMMITTEE - RECOMMENDATIONS 9.3 Motions Made Under Delegated Authority for Noting Moved by Cr K Fischer Seconded by Deputy Mayor D Hughes Motion No: 2016:08:332 That Council notes the adopted Motions from the Infrastructure and Environmental Services Committee made under Delegated Authority at the meeting held on 9 August 2016, being: 7.2 Building Assessment Services Update Report Motion No: IES:2016:08:42 That the Infrastructure and Environmental Services Committee note the Building Assessment Services Update Report. 7.5 Depot Operations Review Motion No: IES:2016:08:45 That the Infrastructure and Environmental Services Committee notes the Depot Operations Review Report.

CARRIED UNANIMOUSLY


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Matters referred to Council in accordance with 3.1 of Infrastructure and Environmental Services Committee Terms of Reference for Council decision. 9.4 Item 7.1 Gawler Town Centre Design Framework (CC13/612) Cr A Shackley and Cr M Nicolson declared an interest in the matter and an explanation of how they wish to deal with the interest as documented in the Infrastructure and Environmental Services Committee minutes of August 2016. Moved by Cr I Tooley Seconded by Cr A Shackley Motion No: 2016:08:333 That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.1 of the meeting of that Committee meeting held on 9 August 2016, being: Motion No: IES:2016:08:39 That the Infrastructure and Environmental Services Committee requests staff to prepare an updated Gawler Town Centre Design Framework consistent with Council’s previous resolutions in particular:- • Treatment of Walker Place and general importance of public toilets and their

placement in the Town Centre. • Further emphasising Julian Terrace as a premium boulevard. • Northern Precinct retaining a 3 level building height limit and focusing

redevelopment capacity within the existing carpark area excluding local and contributory heritage places.

CARRIED

Cr K Fischer called for a DIVISION The Mayor declared the vote set aside For: Deputy Mayor D Hughes, Cr P Koch, Cr A Shackley, Cr M Nicolson, Cr I Tooley Against: Cr R Symes, Cr J Vallelonga, Cr K Fischer

The Mayor declared the motion is CARRIED


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9.5 7.6 Rural Land Use and Infrastructure Investigation - Update Moved by Cr K Fischer Seconded by Deputy Mayor D Hughes Motion No: 2016:08:334 That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.6 of the meeting of that Committee meeting held on 9 August 2016, being: Motion No: IES:2016:08:41 That the Infrastructure and Environmental Services Committee recommends to Council that:- 1. A further report be presented to the infrastructure and Environmental

Services Committee outlining possible amendments to the vision statement and guiding principles contained in Rural Land Use and Infrastructure Investigation – Report 1 (Background Paper)

2. Council give consideration to each individual community submission contained in this report, as part of any policy recommendations relating to Rural Land Use and Infrastructure.

CARRIED UNANIMOUSLY 9.6 7.3 Town of Gawler Signage Moved by Cr K Fischer Seconded by Cr J Vallelonga Motion No: 2016:08:335 That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.3 of the meeting of that Committee meeting held on 9 August 2016, being: Motion No: IES:2016:08:43 That the Infrastructure and Environmental Services Committee recommends to Council that:- 1. Endorse in principle the proposed upgrade of Service Club signage,

Banner signage and Business Directional signage as detailed in this report.

2. Request Council staff commence consultation with the local Service Clubs and individual businesses who currently benefit from such signage to seek their feedback.

3. Recognise ongoing conversations in relation to Information Bay Signage. 4. Request staff report on the outcomes from the above consultation process

to a future Infrastructure and Environmental Services Committee meeting prior to any further action being taken.

CARRIED UNANIMOUSLY


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9.7 7.4 Committee Appointment for Evanston Gardens Development Plan

Amendment Community Consultation Moved by Cr A Shackley Seconded by Deputy Mayor D Hughes Motion No: 2016:08:336 That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.4 of the meeting of that Committee meeting held on 9 August 2016, being: Motion No: IES:2016:08:44 That the Infrastructure and Environmental Services Committee recommend to Council that:- 1. The Committee Appointment for Evanston Gardens Development

Amendment Community Consultation report be noted. 2. Pursuant to Section 25 (11)(c) of the Development Act 1993, the

Infrastructure and Environmental Services Committee be appointed as the committee to consider any public representations made in relation to the Evanston Gardens Development Plan Amendment (DPA).

CARRIED UNANIMOUSLY

9.8 7.7 Visitor Information Centre Report 2015/16 Moved by Cr M Nicolson Seconded by Cr I Tooley Motion No: 2016:08:337 That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.7 of the meeting of that Committee meeting held on 9 August 2016, being: Motion No: IES:2016:08:46 That the Infrastructure and Environmental Services Committee: 1. Note the Visitor Information Centre Report 2015/16. 2. Request Council staff further progress the preparation of the Gawler

Visitor Guide, having regard to feedback received to date and a further update version of the Guide be presented to the appropriate Committee for further consideration.

CARRIED UNANIMOUSLY


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9.9 13.1 Gawler becoming an RV Friendly Town Moved by Cr I Tooley Seconded by Cr R Symes Motion No: 2016:08:338 That: 1. Based on the further investigations undertaken by Cr Tooley on this matter

that Council further consider the merits of Gawler becoming an RV Friendly Town.

2. Council officers prepare a report to Council on the suitability of sites, in close proximity to the Gawler CBD, for RV parking and the location of a waste dump point. Such sites to be considered in these investigations include the:- the block adjacent to the old SA Water depot site, Goose Island, Dead Man’s Pass parking area, Clonlea Park parking area and the Gawler Sport and Rec parking area.

CARRIED

See tabled documents (Attachment 3) 9.10 14. Motions Without Notice Moved by Cr A Shackley Seconded by Cr K Fischer Motion No: 2016:08:339 That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 14 of the meeting of that Committee meeting held on 9 August 2016, being: Motion No: IES:2016:08:47 That the Infrastructure and Environmental Services Committee recommend to Council that:- 1. Staff investigate the feasibility of Council being involved in the “Light it

Red for Dyslexia 2016” 2. The document tabled by Mayor Redman is included in the minutes as

Attachment 2

CARRIED UNANIMOUSLY


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9.11 14. Motions Without Notice Moved by Cr K Fischer Seconded by Deputy Mayor D Hughes Motion No: 2016:08:340 That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 14 of the meeting of that Committee meeting held on 9 August 2016, being: Motion No: IES:2016:08:48 That the Infrastructure and Environmental Services Committee recommend that Council:- 1. Further engages (refer Council 19/01/2016, Motion No. 2016:01:10) with the

Barossa Regional Development Australia, the Southern Barossa Group and Department Planning Transport and Infrastructure regarding exit signage off NEXY at Redbanks Road.

2. Investigates potential heritage brown signage “Gawler Historic Town” or similar.

CARRIED UNANIMOUSLY GAWLER HERITAGE COLLECTION COMMITTEE - RECOMMENDATIONS 9.12 Item 5.1 – Gawler Connect heritage Spaces Update (CC15/626) Moved by Cr A Shackley Seconded by Deputy Mayor D Hughes Motion No: 2016:08:341 That Council adopts the recommendation from the Gawler Heritage Collection Committee made at item 5.1 of the meeting of that Committee meeting held on 10 August 2016, being: Motion No: GHCC:2016:08:29 That the Gawler Heritage Collection Committee recommends to Council that: 1. The specifications for Gawler Connect Heritage Spaces as presented by

Schumann and Associates, with Vizu Design, be included as a separate appendix in the Gawler Connect Construction documentation to be released for tender.

2. A report detailing the specifications for the Gawler Connect Heritage Spaces be included in the Agenda for the Council Meeting 23 August 2016

CARRIED UNANIMOUSLY


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9.13 Item 6 – Motions Without Notice Moved by Deputy Mayor D Hughes Seconded by Cr A Shackley Motion No: 2016:08:342 That Council adopts the recommendation from the Gawler Heritage Collection Committee made at item 6 of the meeting of that Committee meeting held on 10 August 2016, being: Motion No: GHCC:2016:08:31 The Gawler Heritage Collection Committee recommends to Council that staff and Denise Schumann prepare a plan for the removal and packing of the Gawler Heritage Collection items, including the Local History Collection, to be presented to a future meeting of this Committee.

CARRIED UNANIMOUSLY ELDERLY CENTRE ADVISORY COMMITTEE - RECOMMENDATIONS 9.14 Item 4.2 – Terms of Reference for the Elderly Centre Advisory Committee

(CC10/1759) Moved by Deputy Mayor D Hughes Seconded by Cr A Shackley Motion No: 2016:08:343 That Council adopts the recommendation from the Elderly Centre Advisory Committee made at item 4.2 of the meeting of that Committee meeting held on 12 August 2016, being: Motion No: ECAC:2016:08:08 That the Elderly Centre Advisory Committee Recommends to Council that the Terms of Reference for the Elderly Centre Advisory Committee be adopted as amended by the Committee.

CARRIED UNANIMOUSLY 10. Council Member Reports

10.1 Deputy Mayor D Hughes presented the winner of the Gawler Art Prize

with a cheque for $3,500. Deputy Mayor D Hughes encouraged Members to go to the exhibition.

10.2 Deputy Mayor D Hughes attended the 13th Birthday of the Gawler View

Club. 10.3 Cr K Fischer provided an update regarding the Gawler Community

Radio Station Podcasts. There will be one a week and are likely to be interviews with local businesses.

10.4 Cr K Fischer advised that in anticipation of the China delegations, the

Gawler Business Development Group has funded some posters.


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10.5 Cr K Fischer advised that South Aussie with Cosi opened the Jazz

Festival last year and there will be video footage on the South Aussie with Cosi show a few weeks before the Jazz Festival this year. South Aussie with Cosi is also discussing other ideas with Gawler Business Development Group.

10.6 Cr A Shackley advised that Gawler River Floodplain Management

Authority has allocated money for the review of the existing dam on North Para for high level floods. Mallala Council is changing its name to Adelaide Plains Council.

11. Questions on Notice Nil 12. Questions Without Notice

12.1 Cr I Tooley asked a question in relation to whether it’s possible to revisit Council’s decision on the Peter Kittle proposal. The question was answered.

12.3 Cr J Vallelonga asked a question regarding the adequacy of the bus

stop signs on Murray Street outside the Town Hall. The question was taken on notice.

13. Motions on Notice Nil 14. Motions Without Notice Moved Deputy Mayor D Hughes Seconded Cr K Fischer Motion: 2016:08:344 That Council staff investigate the possibility of Wi-fi being available on the Main Street of Gawler.

CARRIED on the casting vote of the Mayor

The Mayor, with approval of two-thirds of the members present suspended the meeting procedures pursuant to the Local Government (Procedures at Meetings) Regulations 2013, for a period sufficient for a short break and will resume at the discretion of the Mayor.

10:50pm meeting procedures suspended 11:00pm meeting procedures resumed


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15. Confidential reports Item 15.1 – Building Cleaning Tender - Review of Services (TC16/2) Moved by Cr A Shackley Seconded by Cr K Fischer Motion No: 2016:08:345 That: 1. Pursuant to Sections 90(2) and 90(3)(b) of the Local Government Act 1999

(the Act), the Council orders that the public be excluded from attendance at that part of this meeting relating to Item 15.1, excepting the following persons: • Acting Chief Executive Officer • Acting Manager Economic Development, Regulatory Services &

Communications • Manager Infrastructure & Engineering Services • Manager Library & Community Services • Minute Taker

to enable the Council to consider Item 15.1 in confidence on the basis the Council considers it necessary and appropriate to act in a meeting closed to the public (excepting those persons listed above) in order to receive, discuss or consider in confidence the following information or matter relating to Item 15.1:

(b) information the disclosure of which—

(i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

(ii) would, on balance, be contrary to the public interest;

Specifically, the present matter relates to the evaluation of the Barossa Regional Procurement Group Request for Tender – Building Cleaning. The disclosure of this information could reasonably be expected to prejudice the commercial position of the Council as tender negotiations are on-going and contractual documentation has not been executed. The Council has considered the public interest in relation to whether to make this order. The prevailing public interest in these circumstances is the Council’s ability to evaluate tender responses and negotiate with the preferred supplier. The Council considers that, on balance, disclosure would be contrary to the public interest. The potential commercial detriment that disclosure of this information may cause at this time could diminish the Council’s ability to achieve a value for money outcome and could reasonably be expected to prejudice the tender outcome.


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2. Accordingly, on this basis, the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.

CARRIED UNANIMOUSLY

There were no members of the public in the Chamber. 11:01pm confidential session commenced Moved by Cr A Shackley Seconded by Cr K Fischer Motion No: 2016:08:346 That Council authorises the Chief Executive Officer to approve the updated building cleaning contract specification and cost saving initiatives as outlined in this report.

CARRIED Moved by Cr K Fischer Seconded by Cr M Nicolson Motion No: 2016:08:347 That: 1. Pursuant to Section 91(7) of the Local Government Act 1999 (the Act), the

Council orders that the following document(s) (or part) shall be kept confidential, being document(s) (or part) relating to a matter dealt with by the Council on a confidential basis under Sections 90(2) and 90(3)(b) of the Act: • The written report item no. 15.1 of 23 August 2016 on the grounds that the document(s) (or part) is: (b) information the disclosure of which—


(ii) would, on balance, be contrary to the public interest;

Specifically, the present matter relates to the evaluation of the Barossa Regional Procurement Group Request for Tender – Building Cleaning.


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The disclosure of this information could reasonably be expected to prejudice the commercial position of the Council as tender negotiations are on-going and contractual documentation has not been executed. The Council has considered the public interest in relation to whether to make this order. The prevailing public interest in these circumstances is the Council’s ability to evaluate tender responses and negotiate with the preferred supplier. The Council considers that, on balance, disclosure would be contrary to the public interest. The potential commercial detriment that disclosure of this information may cause at this time could diminish the Council’s ability to achieve a value for money outcome and could reasonably expected to prejudice the tender outcome.

2. This order shall operate until the Contract Documents are executed by both parties.

3. Pursuant to Section 91(9)(c) of the Act, the Council delegates to the Chief

Executive Officer the power to revoke this order at any time, and directs the Chief Executive Officer to advise the Council of the revocation of this order as soon as possible after such revocation has occurred.

CARRIED UNANIMOUSLY

11:15pm confidential session concluded. Item 15.2 – Town of Gawler Administration Centre Formal Lease Offer – Ground Floor (CC15/1121) Deputy Mayor D Hughes declared a perceived conflict of interest in the matter given he is a DEWNR employee. DEWNR may be involved in the lease of the ground floor of the Gawler Administration Centre, though he won’t be involved as an employee in the lease negotiations. 11:16pm Deputy Mayor D Hughes left the Chamber Moved by Cr K Fischer Seconded by Cr M Nicolson Motion No: 2016:08:348 That: 1. Pursuant to Sections 90(2) and 90(3)(b) of the Local Government Act 1999

(the Act), the Council orders that the public be excluded from attendance at that part of this meeting relating to Item 15.2, excepting the following persons: • Acting Chief Executive Officer • Acting Manager Economic Development, Regulatory Services &

Communications • Manager Infrastructure & Engineering Services • Manager Library & Community Services • Minute Taker

to enable the Council to consider Item 15.2 in confidence on the basis the Council considers it necessary and appropriate to act in a meeting closed to the public (excepting those persons listed above) in order to receive, discuss or consider in confidence the following information or matter relating to Item 15.2:


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(b) information the disclosure of which—


(ii) would, on balance, be contrary to the public interest; Specifically, the present matter relates to the formalisation of a lease offer to a State Government Agency for a tenancy within the Town of Gawler Administration Centre. The disclosure of this information could reasonably be expected to prejudice the commercial position of the Council because Council and the relevant State Government Agency have yet to enter negotiations and disclosure of this information may compromise Councils ability to negotiate a lease on favourable commercial terms. The Council has considered the public interest in relation to whether to make this order. The prevailing public interest in these circumstances is Council ability to secure the best tenant on favourable commercial terms for occupation of a Council asset. The Council considers that, on balance, disclosure would be contrary to the public interest.

2. Accordingly, on this basis, the principle that meetings of the Council

should be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.

CARRIED UNANIMOUSLY

There were no members of the public in the Chamber. 11:16pm confidential session commenced Moved by Cr K Fischer Seconded by Cr M Nicolson Motion No: 2016:08:349 That Council: 1. Enters into a lease with the Department for Environment, Water and Natural

Resources (subject to receiving Development Plan Consent for change of land use from educational facility to office space) for an initial term of five (5) years with one (1) Right of Renewal for a further five (5) years for a portion (ground floor) of the Town of Gawler Administration Centre, 41-43 High St, Gawler as detailed in this report.

2. Authorises the Mayor and Chief Executive Officer to sign and apply the common seal of the Council to all relevant lease documents.

CARRIED UNANIMOUSLY


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Confirmed at the meeting held on ………………….

Moved by Cr M Nicolson Seconded by Cr A Shackley Motion No: 2016:08:350 That: 1. Pursuant to Section 91(7) of the Local Government Act 1999 (the Act), the

Council orders that the following document(s) (or part) shall be kept confidential, being document(s) (or part) relating to a matter dealt with by the Council on a confidential basis under Sections 90(2) and 90(3)(b) of the Act: • The written report item no. 15.2 of 23-08-2016 on the grounds that the document(s) (or part) is: (b) information the disclosure of which—


(ii) would, on balance, be contrary to the public interest; Specifically, the present matter relates to the formalisation of a lease offer to a State Government Agency for a tenancy within the Town of Gawler Administration Centre.

The disclosure of this information could reasonably be expected to prejudice the commercial position of the Council because Council and the relevant State Government Agency have yet to enter negotiations and disclosure of this information may compromise Councils ability to negotiate a lease on favourable commercial terms. The Council has considered the public interest in relation to whether to make this order. The prevailing public interest in these circumstances is Council ability to secure the best tenant on favourable commercial terms for occupation of a Council asset. The Council considers that, on balance, disclosure would be contrary to the public interest.

2. This order shall operate until the relevant conditions surrounding the occupation of the site (including the execution of the Lease Agreement) are finalised and will be reviewed annually in accordance with the Act.

3. Pursuant to Section 91(9)(c) of the Act, the Council delegates to the Chief

Executive Officer the power to revoke this order at any time and directs the Chief Executive Officer to advise the Council of the revocation of this order as soon as possible after such revocation has occurred.

CARRIED UNANIMOUSLY 11:29pm confidential session concluded. 16. Close Meeting closed at 11:29pm 17. Next Ordinary Meeting Tuesday 27 September 2016 commencing

7:00pm

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