Council Meeting Update


An overview of discussions from the most recent Council meeting.

This summary, provided by the CEO, is an overview of the discussions that took place at the 5 February 2019 Council meeting.

If you would like any further detail on any of these items, full minutes of Council meetings as well as audio recordings of Council meetings are available. Council Meeting Update 

In summary, the key decisions from the meeting were:

Section 270 Review: Thorndon Park Miniature Train - On 26 November 2018, Mr Todd Raftery, a ratepayer in the Council area, requested a Section 270 review of the decision to establish a miniature train in Thorndon Park in respect to the:

  • interpretation by Council of the feedback received from the consultation to arrive at their decision to proceed with the project 
  • a conflict of interest as the former Mayor was also a member of the Paradise Railway Club Inc, and
  • lack of other ideas included in the consultation that could have been considered for the area to determine if this is the best way to spend ratepayers’ money. 

Section 270 of the Act (Local Government Act 1999) and Council’s Internal Review of Decision Making Policy provide direction to Staff with regard to undertaking such reviews. I appointed Simon Zbierski to undertake a review of this matter.
The Contact Officer is to provide an independent review of the decision and the merit on which the decision was made; the review will consider all the information and material available to the original decision maker, any additional relevant information or material provided by the applicant, whether the original decision maker complied with the procedural requirements (which is a requirement of the Ombudsman when conducting reviews) and then make a recommendation for consideration by Council, turning attention to whether a different decision would be better based on the evidence available.
Simon’s findings from the Section 270 review performed was that there were no material areas of concern that would have unduly influenced the decision Council arrived at. The decision to undertake the consultation was driven by the Elected Members to provide them with a level of comfort in regards to the level of support for the project. 
While there was not an overwhelming majority, more people supported the project proceeding, and more people supported Council not fully funding the project. 
When undertaking the review, Simon’s role was to review the decision in question and ensure that the original decision-maker complied with the following procedural requirements and made the best possible decision in the circumstances. 
As highlighted in the report, these were some minor areas for improvement identified to improve processes currently in place. It is important to note that the absence of these recommendations would not have unduly influenced the decisions made. 
These recommendations were: 

  • specify a minimum consultation period of 21 days for discretionary consultations. As the Public Consultation Policy is currently silent on the period to apply to discretionary consultations, this will provide some consistency in the minimum time available for people to respond to future consultations 
  • incorporate in the Public Consultation Policy that Elected Members commit to making an informed decision when receiving feedback from the Community. While there is no evidence to suggest that this has not occurred during this consultation, Staff believe it is appropriate to highlight this at a policy level. 

After lengthy discussions, Council noted the outcomes of the Section 270 review and:

  1. will advise Mr Raftery that Council followed due process and there was nothing highlighted in the Section 270 Review that had unduly influenced Council’s decision of 4 September 2019 
  2. requested that Staff implement the following recommendations for improvement to the Public Consultation Policy: 
    • specify a minimum consultation period of 21 days for discretionary consultations 
    • incorporate wording to state that Elected Members will commit to making an informed decision when receiving feedback from the Community.

Bin Tagging Program 2018 - Council received grant funding from Green Industries SA to undertake two rounds of bin tagging in 2018. Previously Council undertook a bin tagging program in Hectorville and Campbelltown in 2015 which led to a positive result in both engagement with the Community and improved recycling practices being observed. 
The purpose of the bin tagging approach is to randomly select two streets - one street focuses on yellow bin recycling education and one street focuses on green organics recycling. Both also assess the waste bin to identify missed opportunities or inappropriate items (eg electronic waste) in the bin as well. Staff visually inspect the top layer of the bin for any obvious contaminants and provide direct feedback to the resident about what material should go in which bin through a tailored bin tag. Attached are examples of the tags used on each bin. Residents that receive a smiley face ‘thank you’ bin tag over the period of the campaign go in the draw to win a $50 voucher to a local business. There is one prize for green organics and one for recycling. 
The objectives of the bin tagging campaign are to: 

  1. target well known areas of contamination using a direct feedback approach to provide education and awareness to those streets involved in the campaign 
  2. gain a greater understanding of common contamination issues and habits in the area for further education programs 
  3. promote the campaign and results widely to raise awareness of bin contamination issues more generally within the Community. 

The methodology has proven to be effective in improving practices and understanding, particularly when a wider education campaign is undertaken in conjunction with the program.
Recycling and waste bins were inspected on a fortnightly basis for four consecutive collections (over an 8 week period) during April-June and September-November. The contamination rates for green organics tends to be a lot lower than for recycling, with a key emphasis of the program to encourage more food diversion into the waste bin.
It is important to note that the bin inspections are intended to give a quick indicative guide to householder waste and recycling practices and are not a bin audit. Staff inspect the contents of approximately the top 30cm of each bin and look for common types of material present (ie soft plastics, polystyrene in the recycling bin and food and recyclable material present in the waste bin).
The program has proved to be very successful, with Staff seeing improvement in residents’ recycling habits over the 4 week program. As a result of its success and Staff’s recommendation to continue this program, Council resolved the following:

  1. continue to undertake at least one round of bin tagging for both green organics and yellow recycling (plus the waste bin) per annum unless additional resources become available
  2. adopt a similar inspection approach to the City of Marion with three initial inspections plus a follow up information/inspection three months later providing feedback relevant to that area’s performance 
  3. trial following up repeat offenders/high contamination through individual discussions with the residents 
  4. develop flyers for: 
    • (a) prohibited items such as e-waste and utilise existing brochures outlining services as required (value adding the program) 
    • (b) issues identified with bins and how to remedy this (ie missing lid, pegs etc) 
    • (c) encouraging residents to make informed decisions when shopping at retailers to purchase goods containing little or no packaging. 
  5. develop future bin tags in line with East Waste’s ‘which bin’ concept and consider removing emoticons.

Budget Request: Request for Bus Shelter -Staff have received requests for new bus shelters at bus stops that do not have a shelter from members of the public via DPTI (Department of Planning, Transport and Infrastructure). Other members of the public have called Council directly and through local Members of Parliament on behalf of residents. For the past few years, requests to install new bus shelters to bus stops that do not have any bus shelters were generally not supported by Council as the focus was on upgrading all non-compliant bus shelters. As this program has now been completed, Staff reviewed a number of locations to determine whether it would be appropriate to install a bus shelter at this time.
When assessing new bus shelter requests, Staff carry out an assessment liaising with relevant service authorities as necessary and prioritise their importance based on the following criteria:

  • acceptance by adjacent property owner/tenants
  • major bus trip generators (eg Hospitals, retirement villages, aged care facilities, schools, go zones)
  • suitability of the site in terms of meeting the Disability Discrimination Act and Disability Standards for Accessible Public Transport including manoeuvring areas, passing areas and allocated spaces for wheelchairs and mobility aids
  • visibility for vehicles exiting adjacent roads or driveways (sight distance)
  • level of patronage in terms of the number of patrons boarding at the particular stop
  • funding availability. 

Council therefore supported the installation of new bus shelters to the following bus stops (subject to acceptance by the adjacent owner):

  • Lower North East Road Bus Stop 24 North
  • Moules Road Bus Stop 23 North
  • St Bernards Road Bus Stop 21B East
  • Sycamore Terrace Bus Stop 24 West
  • Sycamore Terrace Bus Stop 25 West
  • Gorge Road Bus Stop 36 South 

and will consider allocating $70,000 at the time of formulating the draft 2019/2020 Annual Business Plan and Budget.

Budget Request: Shade Structure at Launer Avenue Reserve - Council received a request from a local resident to install a shade structure over play equipment in Launer Avenue Reserve as it is in direct sun during the day and completely unusable for children.
Launer Avenue Reserve is a neighbourhood sized playground in Rostrevor that was last replaced in 2005. This play equipment is in relatively good condition however there are features at the playground that could be further enhanced with additional shade.
This playground is aimed for use by younger children and while mature trees have been planted near the playground, they will not provide sufficient shade for a number of years.
After a site inspection, Staff considered that a shade structure would significantly improve the usage of the playground as well as extending the life of the equipment. The cost estimate to install a 20m x 18m shade structure at Launer Avenue Reserve is approximately $40,000.
Council will therefore consider allocating $40,000 in the draft 2019/2020 Annual Business Plan and Budget for the installation of a new shade structure over the play equipment in Launer Avenue Reserve (Capital – New).

Victor Road, Campbelltown - As part of the 2018/2019 Annual Business Plan and Budget, funding was allocated for the installation of a painted flushed medians in Victor Road, Campbelltown. The installation of a painted flush median was recommended in the LATMP (Local Traffic Area Management Plan) to create a narrow environment and aim to reduce the speed along Victor Road, Campbelltown. The 85th tile speed limit was recorded at 58.7km/hr during the development of the LATMP and 55.1km/hr more recently which are both above the current urban general speed limit of 50km/hr.
Prior to undertaking any linemarking work, a letter with a plan detailing the proposed line marking was sent to nearby residents. Given there was no feedback received from the residents, Staff organised the outline of the linemarking work for the contractor to mark up on site prior to installing the painted flushed median island. Following the onsite mark up, Staff started receiving feedback from nearby residents objecting to the proposed linemarking work. Their main concern was that the proposed linemarking work would remove their on-street parking.
Following the feedback received, Staff have explored other alternative treatments to the proposed painted flushed median island whilst taking into account other suggestion such as a bike lane.
The introduction of a bike lane along Victor Road would reduce the lane width from 3.6m to 2.1m wide for both lanes. Such lane width is below recommended lane width and hence on street parking would still need to be banned. This option is likely to raise similar objections from the nearby residents in regards to removing on street parking. Therefore Staff considered the following options:

  1. The installation of Advisory Shared Lane Markings on Victor Road to enable both cyclists and vehicles to share the same road. Although this treatment will not have any impact to on street parking, and likely to be supported by cyclists, it may still result in objections from local residents as they have clearly expressed to Staff that they do not want Council to implement any traffic devices along Victor Road. 
  2. The installation of ‘Remember 50km/hr’ speed limit signs at both ends of the Victor Road and purchasing a speed monitoring device to warn vehicles of speed in Victor Road. Following this treatment, Staff will continue to monitor the speed along Victor Road. If the 85% tile is reduced to below 55km/hr, Staff could prepare a further report to Council to consider the installation of Sharrows treatment (if needed). 
  3. The last option would be not to implement any traffic control treatment on Victor Road at this stage. 

Based on the feedback received, Staff recommended Council consider Option 2 as the preferred option. This option has the least impact on the residents in Victor Road whilst still reminding motorists to keep within the allowable speed limit.
Council endorsed Option 2 - installation of ‘Remember 50km/hr sign’ and Staff will now use the allocated funding to purchase additional electronic speed monitoring devices to install in Victor Road.

Independent Member for Strategic Planning and Development Policy Committee - The Strategic Planning and Development Policy Committee is a required Committee pursuant to Section 101A of the Development Act 1993 whose purpose is to provide advice to Council concerning the development and review of planning policy. The make up and operation of the Committee is not specifically framed in the Development Act 1993. Council has chosen to establish a five member Committee with three Independent Members and two Elected Member appointments that are for two years with the current period of appointment concluding in April 2020.
Since the Independent Members’ current period of appointment ends early in 2020, it seemed to Staff that a casual appointment for the remainder of the current period would be a valid method of addressing this matter. To that end Staff would recommend that Mr Michael O’Connell be appointed to the Strategic Planning and Development Policy Committee until April 2020.
Mr O’Connell is an experienced Policy Planner who has worked in both Local Government and private practice, was a Member on and chaired Council’s Development Assessment Panel for a number of years and has been a local resident of Rostrevor for many years. Mr O’Connell has a keen interest in recent policy developments and would offer valuable insights and expertise to the Committee.
As a result, Mr Michael O’Connell was appointed to the Strategic Planning and Development Policy Committee until April 2020.

Appointment of Council Delegates and Representatives to School Councils - Council was invited to appoint representatives to the following organisations:

  • Charles Campbell College School Governing Council 
  • Paradise Primary School Governing Council 
  • Stradbroke School Governing Council. 

After considering this report, Council appointed:

  • Cr Leombruno as its Representative on the Charles Campbell College School Council. 
  • Cr McLuskey as its Representative on the Paradise Primary School Council. 
  • Cr Flynn as its Representative on the Stradbroke School Governing Council.
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