Council Meeting Minutes - City of Burnside

Council Meeting 

Minutes 

Tuesday 11 September 2012 at 7.00 pm 

Council Chamber, 401 Greenhill Road, Tusmore 

Members Present: 

Mayor, David Parkin 

Councillors Bills, Capogreco, Cornish, Davey, 

Hasenohr (arr. 7.11pm), Lemon, Monceaux, Osterstock, Palk and 

Wilkins 

Councillor Hasenohr was not present at the beginning of meeting. 

Opening Prayer 

The Mayor read the Opening Prayer and observed one minute silence. 

Kaurna Acknowledgement 

The Mayor acknowledged the Kaurna people. 

Apologies 

Councillor Piggott 

Leave of Absence 

Councillor Pocock 

Confirmation of Minutes 

Councillor Palk moved: 

C8852 That the Minutes of the Council meeting held on 28 August 2012 be taken as 

read and confirmed 

Seconded by Councillor Lemon 

CARRIED 

1

Council Minutes 11 September 2012 

Mayor’s Report 

The Mayor provided the following Report. 

On 1 September I accepted an invitation from Federal Minister and local member 

Kate Ellis to attend a street corner meeting in Ferguson Square, Toorak 

Gardens. Ward Councillors Robert Hasenohr and Peter Cornish also attended. 

On 4 September, I conducted a citizenship ceremony in the Mayor’s Parlour for 

17 new citizens. 

On 5 September, in my capacity as patron of the Burnside Players, I attended 

the opening night of the production of ‘Who’s Afraid of Virginia Wolf’ in the 

Burnside Ballroom. 


C8853 That the Mayor’s Report be received. 


CARRIED 

Reports of Delegates/Working Parties 

Councillor Monceaux attended the Eastern Health Authority Meeting. 

Councillor Davey attended the Burnside War Memorial Hospital Board Meeting. 

Councillor Cornish attended the Street Corner meeting with Kate Ellis, Burnside 

War Memorial Hospital Board meeting and Eastern Health Authority Meeting. 

Deputations 

Andrew Cohen, Chief Executive Officer, Cohen Group. 

Councillor Hasenohr entered the meeting at 7.11 pm. 

Petitions and Memorials 

Nil 

Questions (without debate) on Notice 

10.1 Complaints regarding the City of Burnside to the Ombudsman 

Cr Palk asked the following questions. 

In relation to complaints about the elected body of the City of Burnside 

made to and determined by the Ombudsman from the commencement of 

the present Council to and including the meeting of 28 August 2012: 

1. Who were the complainants 

2


2. How many such complaints have been made and determined: 

2.1. in total 

2.2. by each of the complainants named at 1 above 

3. What was the nature of each complaint (in general terms) 

4. Which complaints were upheld 

4.1. in total 

4.2. in part 

by the Ombudsman 

5. What was the cost to Council of dealing with each of the said 

complaints 

5.1. by way of internal costs/allocation of resources, in dollar 

figures 

5.2. by way of payments to external advisers 

3

Response: 

Complainants 

No. of 

Complaints 

Made & 

Determined 

Nature of the Complaint 

Complaint 

Upheld 

Internal 

Costs 

External 

Costs 

Chelsea Cinema: 

Process for calling Special Council meeting and content 

of the Council Agenda for the meeting on 

6 October 2011. 

No 

$420 Nil 

Chelsea Cinema: 

Jim Jacobsen 2 

That Council failed to publish a public consultation 

policy. 

That Council failed to consult community about the 

cinema lease. 

That Council failed to comply with section 202(4) of the 

Local Government Act, 1999 regarding the 21 year 

term of lease. 

That Council failed to comply with contractual 

agreements with existing tenants. 

That Council failed to represent the interests of 

ratepayers. 

No $1,480 $2,633 

Greg Reid 1 Glenunga Tennis Club / Kingsley Reserve redevelopment. No $370 Nil 

4


Consideration of Motions of which Notice has been given 

Fruit Gardens in Council Reserves (11.1) 

Councillor Wilkins moved: 

C8854 That the Administration present a report to the November 2012 meeting of the 

Infrastructure and Environment Committee investigating the opportunities and 

issues associated with creating fruit gardens in Council reserves. 


CARRIED 

Questions (without debate) of which Notice has not been given 

Nil 

Consideration of Motions of which Notice has not been given 

Nil 

Reports of Officers 

Eastern Waste Management Authority Inc – Authorisation to Borrow (14.4) 

Councillor Osterstock moved: 

C8855 1. 

That the Report be received. 

2. That the City of Burnside, pursuant to Clause 1.6.3 of the Eastern Waste 

Management Authority Inc Charter (2011), authorise Eastern Waste 

Management Authority Inc borrowing up to a maximum of $2.595 million, 

as detailed in the Eastern Waste Management Authority Inc financial year 

2012/13 draft Budget and Annual Business Plan. 

Seconded by Councillor Wilkins 

CARRIED 

River Red Gum in the Burnside Village Complex (14.1) 


C8856 That the Report be received. 

Seconded by Councillor Davey 

CARRIED UNANIMOUSLY 

5


Representation Review Report (14.2) 

Councillor Cornish moved: 

C8857 1. 


2. That the Council agree, in principle, to: 

2.1 Retaining the office of Mayor elected at large; 

2.2 Maintaining the composition of the Council at 12 Councillors; 

2.3 Maintaining the division of the Council area into six wards with each 

ward being represented by two Councillors; 

2.4 Selecting Option 4 from the Options Paper at Attachment A of this 

Report as its preferred ward structure, which includes the minor ward 

boundary adjustment between Eastwood and Glenunga Ward and 

Beaumont Ward to provide for projected population changes; and 

2.5 Not requiring the office of Area Councillor. 

3. That Option 4 from the Options Paper at Attachment A be included as an 

attachment to the Council minutes of 11 September 2012. 

4. That the Chief Executive Officer undertake the consultation process 

specified in sections 12(9) and 12(10) of the Local Government Act, 1999. 

Councillor Osterstock left the meeting at 8.05 pm. 



Council Policy Review - (Office of the CEO and Corporate Services) (14.3) 

Councillor Osterstock returned to the meeting at 8.09 pm 


C8858 1. 


2. That the following Policies be revoked: 

2.1 Service Review; 

2.2 Reporting on Change of Council Policies; and 

2.3 Council Working Parties. 

3. That the following revised Policies be adopted: 

3.1 Fraud and Corruption Prevention Policy; and 

3.2 Ward Forums. 

Seconded by Councillor Cornish 


6


Call for Motions for Local Government Association – Annual General 

Meeting (14.5) 

Councillor Wilkins moved: 

1. That the Report be received. 

2. That Council proposes the following Notice of Motion for the Local 

Government Association Annual General Meeting: 

That this Council requests the LGA to investigate whether there is sufficient 

evidence across Local Government to support a proposal that all Councils 

in South Australia include a provision in their Rating Policy to assist 

residents who may be experiencing financial hardship in paying their 

Council rates. 

Seconded by Councillor Davey 

Councillor Cornish left the meeting at 8.21 pm and returned at 8.22 pm. 

Councillor Palk moved an amendment: 

C8859 1. 


2. That Council proposes the following Notice of Motion for the Local 

Government Association Annual General Meeting: 

That this Council requests the LGA to develop a policy for all local 

government to ensure that all Councils in South Australia disclose the 

Local Government Act hardship provisions on their Rate notices to assist 

residents who may be experiencing financial hardship in paying their 

Council rates. 

Seconded by Councillor Osterstock 

The amendment became the motion and was 



CEO Report – August 2012 (14.6) 

Councillor Cornish moved: 


Seconded by Councillor Monceaux 


CEO Performance Appraisal Process – Tabling of Documents (17.7) 





7


C8862 1. That: 

Confidentiality Resolutions – Annual Summary (14.8) 


1.1. the Report be received. 

1.2. a confidential report be presented to the 9.10.12 meeting of Council with 

respect to all items on the Confidential Item Status Table the original 

orders in respect of which were made more than 5 years ago. 

1.3. the report analyse the justification for continuing confidentiality and 

make recommendations. 

1.4. in relation to each item, the report indicate whether a motion on notice is 

required for revocation of confidentiality. 



Adjournment of Council for the Meeting of the Infrastructure and Environment 

Standing Committee 

Councillor Monceaux moved: 

C8863 That the Meeting be adjourned for the meeting of the Infrastructure and 

Environment Standing Committee at 8.38 pm. 

Seconded by Councillor Palk 

CARRIED 

Resumption of Council 


C8864 That the Meeting be resumed at 9.17 pm. 

Seconded by Councillor Wilkins 

CARRIED 

Adoption of the Infrastructure and Environment Standing Committee Reports 

Councillor Lemon moved: 

C8865 That the report of the Infrastructure and Environment Standing Committee 

meeting held on Tuesday 11 September 2012 be received and the 

recommendations contained therein be adopted. 

Seconded by Councillor Palk 

CARRIED 

8


Other Business 

Councillor Osterstock left the meeting at 9.22 pm. 

Regional Subsidiaries – Eastern Waste Management Authority, Highbury Landfill 

Authority, Eastern Health Authority 

Councillor Osterstock returned to the meeting at 9.23 pm. 

Confidential Items 

Nil 

Closure 

The meeting closed at 9.24 pm. 

9

Option 4 - Six wards 

OPTIONS PAPER 

Option Four as shown below is divided into six equal wards electing 12 Councillors. Current wards 

would remain unaltered with two exceptions. The Eastwood & Glenunga Ward would be reduced both 

in area and number of electors and the Beaumont Ward increased. With a significant increase in 

electors proposed for Glenside as a result of new residential development, it would be prudent to 

reduce the current ward to help prevent ward structures from becoming non compliant before the next 

review is due. 

Options Paper; Option 4 

10

The image below shows which properties would become part of Beaumont Ward with this 

new configuration. The properties shaded in white with a red dot currently house electors on 

the House of Assembly Roll and would change from the Eastwood & Glenunga Ward to the 

Beaumont Ward. The new southern boundary (shown in green) would run along land 

property boundaries. The existing boundary is shown in blue. 

Options Paper; Option 4 

11

Council Meeting Minutes - City of Burnside

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