Council Minutes 21 December 2009
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Council Minutes 21 December 2009
ALEXANDRINA COUNCIL Minutes of the Council Meeting Held on Monday 21st December 2009 in the Community Chambers “Wal Yuntu Warrin” Commencing at 4.33pm ALEXANDRINA COUNCIL MINUTES FOR THE COUNCIL MEETING HELD ON 21 DECEMBER 2009 AT 4:33 PM IN THE COUNCIL COMMUNITY CHAMBERS TABLE OF CONTENTS ITEM NO. SUBJECT PAGE NO. CONFLICT OF INTEREST ............................................................................................................ 4 ITEM 1 CONFIRMATION OF MINUTES................................................................................ 4 Goolwa Tidy Towns Committee ........................................................................................... 5 Recreation Capital Grants Cheque Presentations ............................................................... 5 ITEM 2 BUSINESS ARISING................................................................................................. 5 ITEM 3 QUESTIONS WITHOUT NOTICE ............................................................................. 5 ITEM 4 QUESTIONS WITH NOTICE..................................................................................... 5 ITEM 5 NOTICES OF MOTION ............................................................................................. 5 ITEM 6 PETITIONS................................................................................................................ 6 ITEM 7 FINANCE & CORPORATE SERVICES - ACTION SHEET ....................................... 6 ITEM 8 FINANCE & CORPORATE SERVICES..................................................................... 6 ITEM 9 STRATEGY, ENVIRONMENT & ECONOMIC DEVELOPMENT - ACTION SHEET................................................................................................................................. 6 ITEM 10 STRATEGY, ENVIRONMENT & ECONOMIC DEVELOPMENT............................... 6 10.1 Update On Integrated Corporate Management ......................................................... 6 Long Term Plan for the Lower Lakes................................................................................... 7 ITEM 11 HEALTH & COMMUNITY DEVELOPMENT - ACTION SHEET ................................ 7 ITEM 12 HEALTH & COMMUNITY DEVELOPMENT .............................................................. 7 12.1 Food Safety Week 2009 ............................................................................................ 7 12.2 Alexandrina Centre For Positive Ageing Management Committee Inc. ..................... 9 Introduction of New Staff...................................................................................................... 9 12.3 Free First Year Dog Registrations ........................................................................... 10 12.4 Funding For The Continuation Of Wet Paint Productions ........................................ 12 ITEM 13 PLANNING & DEVELOPMENT - ACTION SHEET ................................................. 13 ITEM 14 PLANNING & DEVELOPMENT............................................................................... 13 14.1 New Strategic Committee Within The Department Of Planning And Local Government............................................................................................................. 13 14.2 Hindmarsh Island - Kumarangk Development Plan Amendment............................. 14 14.3 Planning Reforms Update........................................................................................ 15 14.4 Cadell Street Streetscape Improvement Plan.......................................................... 16 14.5 Currency Creek Development Plan Amendment ..................................................... 18 ITEM 15 ENGINEERING SERVICES - ACTION SHEET....................................................... 19 ITEM 16 16.1 ITEM 17 ITEM 18 18.1 18.2 ENGINEERING SERVICES .................................................................................... 20 Wedding Request For Port Elliot Soldiers Memorial Gardens ................................. 20 INFRASTRUCTURE PLANNING & DESIGN - ACTION SHEET............................. 22 INFRASTRUCTURE PLANNING & DESIGN .......................................................... 23 Riverside Shared Path, Liverpool Road, Goolwa North........................................... 23 Road Naming - Da455/D034/09, Sub-Division Off Grundy Road, Hindmarsh Island..................................................................................................... 25 18.3 Confidential Item For Review - Goolwa North Vacuum Pump Station ..................... 26 18.4 Road Naming - D/A 455/D037/09, Sub-Division Off Barker Road, Hindmarsh Island..................................................................................................... 27 18.5 Extinguishment Part Easement No 63 Corcoran Avenue, Goolwa Beach ............... 28 ITEM 19 GOVERNANCE - ACTION SHEET ......................................................................... 29 ITEM 20 GOVERNANCE ....................................................................................................... 29 20.1 Review Of Council's Policies ................................................................................... 29 20.2 Fleurieu Regional Development Board Meeting ...................................................... 30 20.3 Nominations Sought For The South Australia Boating Facility Advisory Committee ............................................................................................................... 31 20.4 Letters Of Thanks .................................................................................................... 33 20.5 Membership To Adelaide Hills And Fleurieu/Kangaroo Island Zone Emergency Management Committee ...................................................................... 34 20.6 Internal Review - Section 270 Local Government Act - Phillips ............................... 35 20.7 Chief Executive Annual Leave................................................................................. 38 20.8 Goolwa And District Community Bank Steering Committee .................................... 38 20.9 New Employment Contract With Mr Graham Webster............................................. 39 20.10 Historic Cairn Bristow-Smith Reserve - D/A 455/1000/09........................................ 40 20.11 Strathalbyn Swimming Club..................................................................................... 41 ITEM 21 GENERAL BUSINESS - ELECTED MEMBERS...................................................... 41 Council Meeting at Milang.................................................................................................. 41 Parks and Gardens Booking Form..................................................................................... 41 Murray Darling Association Conference............................................................................. 42 Buskers.............................................................................................................................. 42 Cr Saunders – Leave in 2010 ............................................................................................ 42 ITEM 22 GENERAL BUSINESS – GALLERY........................................................................ 42 Thank You from Lisa (The Times)...................................................................................... 42 Christmas Greetings from Mayor McHugh......................................................................... 42 ITEM 23 CONFIDENTIAL ITEMS .......................................................................................... 43 23.1 Flying Fish Cafe (Confidential) ................................................................................ 43 ITEM 24 CLOSURE ............................................................................................................... 44 Alexandrina Council ALEXANDRINA COUNCIL MINUTES OF ALEXANDRINA COUNCIL MEETING HELD IN THE COMMUNITY CHAMBERS "WAL YUNTU WARRIN" ON 21 DECEMBER 2009 AT 4:30 PM PRESENT Mayor Kym McHugh, Councillors Anne Woolford, Barry Featherston, Jim Davis, Alan Oliver, Rod Potter, Grant Gartrell, Trent Rusby, Mary Beckett, Frank Tuckwell, Rick Medlyn and Ian Saunders. APOLOGIES Nil IN ATTENDANCE John Coombe (Chief Executive), Christine Hamlyn (Governance Officer), Mike Shelley (Deputy Chief Executive), Graham Webster, Sally Shepherd, Kim Vivian, Jenn Cole, Emily Zesers, Sally Roberts, Greg Hill, Neville Styan, Barbara Wills, Peter Wood and Pauline Bence. LOCAL GOVERNMENT PRAYER CONFLICT OF INTEREST Section 73 of the Local Government Act 1999 ITEM 1 CONFIRMATION OF MINUTES Minutes of the Alexandrina Council held on Monday 7th December 2009. Moved Cr Oliver, seconded Cr Woolford that the minutes of the Alexandrina Council Meeting held on Monday 7th December 2009 as circulated to members be received as a true and accurate record. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 4 of 44 Alexandrina Council Goolwa Tidy Towns Committee The Mayor welcomed representatives from the Goolwa Tidy Towns Committee to the meeting at 4.35pm. Rev Alan Jones spoke on behalf of the Committee. The Committee presented the following Awards which Council and the Goolwa community won at the recently held Tidy Towns Awards: * * * * * * Water Conservation Education Community Initiatives Best Community – Southern and Hills Region Best Medium Community Winner – State Tidiest Town Award for Goolwa National Finalise in the Tidiest Town Awards Well done and congratulations to the Goolwa Tidy Towns Committee and our community. Recreation Capital Grants Cheque Presentations The following cheque presentations took place for the Recreation Capital Grants at 4.41pm: * * * * ITEM 2 Port Elliot Netball Club - $13,000 Langhorne Creek Football Sports & Social Club - $21,000 Finniss Cricket Club - $10,000 Goolwa Pistol & Shooting Club - $10,000 BUSINESS ARISING NIL ITEMS ITEM 3 QUESTIONS WITHOUT NOTICE NIL ITEMS ITEM 4 QUESTIONS WITH NOTICE NIL ITEMS ITEM 5 NOTICES OF MOTION NIL ITEMS Alexandrina Council Council Minutes Monday 21st December 2009 Page 5 of 44 Alexandrina Council ITEM 6 PETITIONS NIL ITEMS ITEM 7 FINANCE & CORPORATE SERVICES - ACTION SHEET NIL ITEMS ITEM 8 FINANCE & CORPORATE SERVICES NIL ITEMS ITEM 9 STRATEGY, ENVIRONMENT & ECONOMIC DEVELOPMENT - ACTION SHEET NIL ITEMS ITEM 10 STRATEGY, ENVIRONMENT & ECONOMIC DEVELOPMENT 10.1 Update On Integrated Corporate Management File Ref: Officer: 9.24.1 Sally Shepherd REPORT Reporting on Business Highlights for each Business Area as previously discussed on 7th December will commence from 2nd Council meeting in February 2010. A report will be provided from each business area within their Council agenda items at the 2nd Council meeting every month. The first report will be an update on any specific achievements or impacts that have occurred within December and January. Thereafter reports will be month by month. Initially reports will include business highlights, with the view to add relevant key performance indicators/measures and a financial overview at a later stage. The Mid Year Report will also be presented to the Elected Members at the 2nd Council meeting in February 2010. This report will include an outline of the Strategic Measures, an overview of any achievements against the Community Strategic Plan 2009-2013 and the Business Highlights from July to December 2009. ACS09218 Moved Cr Rusby seconded Cr Oliver that Council notes that the reporting timeframes for the Integrated Corporate Management process will commence on the 2nd Council Meeting in February 2010. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 6 of 44 Alexandrina Council Long Term Plan for the Lower Lakes Moved Cr Tuckwell, seconded Cr Davis that Council seeks advice from the Minister re environmental conditions and effective monitoring in the Goolwa “pool” (e.g. long term plan, weed growth etc). CARRIED Responsible Officer: ITEM 11 Graham Webster HEALTH & COMMUNITY DEVELOPMENT - ACTION SHEET NIL ITEMS ITEM 12 HEALTH & COMMUNITY DEVELOPMENT 12.1 Food Safety Week 2009 File Ref: 9.24.1 Officer: Cassie Tuck Officers Consulted (full name): Kim Vivian, Karen Rokicinski, Kelly Judd, Angela Sorger REPORT For the 2009 Food Safety Week, the Environmental Health team targeted the Council office staff with the aim of improving the food safety knowledge of the employees within Council. Each morning of the week, a new recipe, with a food safety hazard highlighted, was emailed to staff and a short talk regarding the food hazard was presented by an Environmental Health Officer at the start of that morning tea. This provided a relaxed format for the food safety principles to be discussed. The principle was to encourage staff to talk about food safety rather then tell them the rights and wrongs. To aid in funding this program the Environmental Health team applied for and were successful in receiving a Food Safety Week grant for $500 from the Department of Health. The program was a great success, each morning more people attended the morning tea, conversations between staff could be overheard commenting on the food safety hints and tips and staff enquired about the practices that had been highlighted. An evaluation of the program was conducted after the week and it highlighted that all staff and elected members thought it was worthwhile in being involved in the food safety week and would be keen to be involved in similar activities in the future. …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 7 of 44 Alexandrina Council 12.1 Food Safety Week 2009 (continued) The program also had a wider impact than simply the staff, with many staff emailing the recipes and information home and passed them onto family members and friends, “Not only do staff members benefit, but their families do as well.”, “…my husband enjoyed cooking the recipes and my nephew enjoyed the online quizzes and recipes”. The responses showed that the project not only increased the staff and elected member awareness of food safety hazards, it also increased their knowledge of the role of Environmental Health, “I feel we gained a better understanding of what our EHO’s are involved in….it’s not just septic tanks etc.”. ACS09219 Moved Cr Davis seconded Cr Potter that the report be received. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 8 of 44 Alexandrina Council 12.2 Alexandrina Centre For Positive Ageing Management Committee Inc. File Ref: Officer: From: 9.24.1 Kim Vivian Mike Shelley, Jenn Cole REPORT On 12th November 2009, the Alexandrina Centre for Positive Ageing Management Committee met to discuss winding up the incorporated body and to advise Council of the willingness of the membership of the Committee to be a part of a new Section 41 Advisory Committee of Council under the Local Government Act. This was agreed to unanimously by the members of the Committee. This decision was based on the recommendations coming out of a Strategic Planning Report the Committee had commissioned Sophie Piron to carry out as well as extensive discussions with Council staff. Once the Section 41 Advisory Committee is formally adopted by Council, financial arrangements can be finalised and the formal process of winding up the Incorporated body can be completed. ACS09220 Moved Cr Beckett seconded Cr Medlyn that Council resolve to create a Section 41 Advisory Committee and that officers of Council prepare suitable Terms of Reference in consultation with the membership of the Alexandrina Centre for Positive Ageing Management Committee Inc. for consideration and future adoption by Council. CARRIED Introduction of New Staff Jenn Cole introduced the following new staff to the Health & Community Development Department: * * * * Liz Cleland (Team Development Officer for Ageing Services) Fiona George (CFPA Coordinator) Sean Hames (Community Connect Coordinator) Wendy James (Liaison Officer) Alexandrina Council Council Minutes Monday 21st December 2009 Page 9 of 44 Alexandrina Council 12.3 Free First Year Dog Registrations File Ref: Officer (full name): Officers Consulted (full name): ESD Impact/Benefit:* Environmental: * Social: * Economic: 9.24.1 Peter Lake Lisa Hoyle, Kim Vivian Nil Reduction in amount of unclaimed dogs. Increase in responsible dog ownership. More accountable dog ownership. Potential decrease in public risk of wandering dogs and attacks. Increase in overall dog registrations. Decrease in Council and community cost to manage unregistered dogs. REPORT During Alexandrina Council’s recent “unregistered dogs door knock”, it became very apparent that a significant number of residents are reluctant to register their newly acquired puppies at the required minimum age. The Dog and Cat Management Act requires that all dogs are registered at three months old. A veterinary surgeon would not normally consider de-sexing a dog until at least six months old; it is also common practice for vets to microchip the dog whilst under surgical aesthetic. Therefore a “gap” of at least three months has developed where dog owners are reluctant to register their new pet, at just the stage of the dog’s life where it is most likely to escape from its new environment. The new owner will also not be able to claim the registration concessions for a desexed or microchipped dog at this stage. Unfortunately this initial lapse in registration can become the trend with dog owners that then often continues for the life of the dog, as we have discovered in the door knock. Council currently does all in its power to encourage responsible dog ownership, registration, de-sexing and micro-chipping are obviously key elements, along with encouraging some form of obedience training. Under the current scheme once these responsible actions have been taken by the dog’s owner, they would then only be eligible to concessionary benefits during future registration years. In order to encourage initial registration of newly purchased dogs, Council can, with the support of the Dog and Cat Board, implement a one year trial period offering free first year registration for all puppies as well as dogs recently purchased from an animal welfare organisation, such as the RSPCA. …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 10 of 44 Alexandrina Council 12.3 Free First Year Dog Registrations (continued) Whilst initially this appears to be a somewhat drastic step away from the conventional, the long term benefits would be significant. Once a new dog is on the system it becomes more difficult for the owner to opt out of future registration years, unless the dog is officially transferred out of our district or deceased. If the dog is found wandering or is involved in an attack, identification of the owner is relatively easy to determine. Registered dogs can be quickly reunited with their owners at minimal cost to Council and the community. Free first year registration will remove the dilemma currently facing the dog owning public in respect of the three month gap between registration and desexing. Encourages responsible dog ownership and helps generate a pattern of continual registration for the dog each year This scheme will require advanced publicity plus an ongoing educational program regarding the obvious benefits of compliance. Many other Local Government bodies already have implemented this program and they report that the scheme was well received by the general public and dog registrations within their areas have also increased substantially since the scheme was introduced. ACS09221 Moved Cr Potter seconded Cr Rusby that Council trial a 'free first year dog registration' campaign for the 2010-2011 dog registration year, for all puppies as well as dogs purchased within that year. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 11 of 44 Alexandrina Council 12.4 Funding For The Continuation Of Wet Paint Productions File Ref: Officer (full name): Officers Consulted (full name): Strategic Plan Outcome Nbr: Chart of Account: Risk Assessment: ESD Impact/Benefit:* Environmental: * Social: * Economic: 9.24.1 Emily Zesers Jenn Cole, Lucretia Sperring, Kim Vivian 24.1, 24.2, 25.1, 25.2 35.1 Job Number: 551604 Nil N/A The Youth Theatre Project is primarily aimed to impact on youth retention in the Region. By providing skill development opportunities and alternative recreation for young people, social interaction is increased and positive mental health outcomes are enhanced. The project provides young people with opportunities to creatively express themselves. The project aims to increase positive employment outcomes for young people who participate through increasing confidence and developing skills .The project will also give young people the opportunity to develop their skills further, enabling them in turn to facilitate workshops and put on future youth led events. REPORT The Regional Youth Theatre Project was funded until the end of September 2009. In order for the project to continue into 2010 one opportunity for funding from a different source was identified through Arts SA Community Arts Development. We have been successful in receiving funding of $12,000 from Arts SA Community Arts Development Project Category for Wet Paint Productions: Drama Workshop program for young people aged 12 to 25 living in Alexandrina and City of Victor Harbor Councils. Whilst the funding received is less than initially requested, the project will be modified to fit within the amended budget. The project will continue giving young people the opportunity to develop skills, gain confidence, participate in a cultural activity and raise the positive profile of youth. ACS09222 Moved Cr Oliver seconded Cr Gartrell that Council continue to support the Wet Paint Production Drama Workshop project and authorise the Chief Executive to sign and seal the new Arts SA Funding Agreement. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 12 of 44 Alexandrina Council ITEM 13 PLANNING & DEVELOPMENT - ACTION SHEET 13.1 Action Sheet for Council Items Date of Originating Meeting 7 Dec 2009 Item No. Details of Item & Recommendation Responsible Officer Progress To Date 22 S Roberts List of concerns received and responses being prepared for future Council Meeting. 7 Dec 2009 22 Dissatisfaction re Planning Laws – Cr Gartrell to provide listing of areas of concern. Rural Areas Review – Mayor advised need to form “round table” committee as priority. S Roberts Working with Angela Hazebroek to get this up and running in 2010 ITEM 14 PLANNING & DEVELOPMENT 14.1 New Strategic Committee Within The Department Of Planning And Local Government File Ref: Officer: From: 9.24.1 Sally Roberts Department of Government Planning Completion Date and Local REPORT Correspondence has been received from the Department of Planning and Local Government about the Minister’s recent announcement of a strategic committee that will be established to trouble-shoot planning issues. This committee will be known as the Government Planning and Coordination Committee (GPCC) and will comprise Chief Executives from most State Government agencies led by the Department of Planning and Local Government and with this departments’ Chief Executive, Ian Nightingale, being the chair. The background of the committees’ establishment and what it has been set up to do is outlined in letter received from the department. ACS09223 Moved Cr Davis seconded Cr Medlyn that Council receive the report for information. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 13 of 44 Alexandrina Council 14.2 Hindmarsh Island - Kumarangk Development Plan Amendment File Ref: Officer: From: 9.24.1 Sally Roberts Minister for Urban Development & Planning REPORT Correspondence has been received from Minister Holloway advising that he has considered the recommendation that resulted from the review of the Hindmarsh Island – Kumarangk Development Plan Amendment by the Environment, Resources and Development Committee, ERDC, on 26 August 2009. Council will recall being represented at the ERDC by Mr Des Commerford. The ERDC recommended that the Development Plan be amended to include the properties owned by Mr Vin Keneally and Mr Peter Butler within the Residential Zone and in particular Policy Area 35. The Minister advises that he gives in principle support for the recommendation however he is required to consult with Council before making any amendments. The proposed amendments were circulated for Council’s information and consideration. Although the inclusion of these properties into the Residential Zone may not have a major impact on the area it needs to be noted that there was significant consideration given to where the final zone boundaries should be, following the consultation period, and the decision to exclude these properties from the Residential Zone was not taken lightly. Therefore it is considered that Council should not support the recommended changes given that it has already undertaken due process to make its final decision. ACS09224 Moved Cr Woolford seconded Cr Oliver that Council advise the Minister for Urban Development and Planning, The Hon Paul Holloway, that they do not support his recommended amendment to the Hindmarsh Island - Kumarangk Development Plan Amendment to include Mr Keneally's and Mr Butler's properties within the Residential Zone, Policy Area 35. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 14 of 44 Alexandrina Council 14.3 Planning Reforms Update File Ref: Officer: 9.24.1 S Roberts REPORT As you are aware the new Planning Reforms commenced from the 1 January 2009 with some additional development being deemed to be exempt. This was followed by the introduction of the Residential Code from 1 March 2009 for alterations and additions to existing homes and ancillary structures. Since then the Minister has been working towards introducing the Code for new dwellings and has been considering those areas where a modified code could be introduced through the identification of character areas. Council did nominate the Residential Zone (Goolwa), which covers the area bounded by the railway line, Oliver Street, Sidmouth Street and part of Admiral Terrace, as one such area. Correspondence has now been received from the Minister to advise that from 14 December 2009 the full code will apply within all residential areas. Therefore from this Council’s perspective the residential areas of Goolwa, Port Elliot, Middleton, Strathalbyn and Milang will require new dwellings to be dealt with under the Residential Code. There are some exemptions to this which include: 1. 2. 3. 4. 5. 6. 7. 8. Historic Conservation Zones; Country Township Zones; Rural Living Zones; Country Living Zones; Sites for new dwellings within medium and general bushfire risk areas; Land within residential areas that are adjacent to industry, commercial and rural zones; Residential allotments immediately abutting an arterial road; and Within zones that are aimed at facilitating multi-dwelling type developments of more than two storeys. With respect to points 6 and 7 a two year period has been given to this exemption and within this time it is expected that Councils will need to undertake Development Plan Amendments to ensure appropriate policies to deal with interface issues are incorporated. Advice has also been received with the Development Policy Advisory Committee’s recommendations in relation to the character areas nominated. For Council’s submission they have recommended that the area be considered for a modified full Code subject to the area being reviewed to encompass only those properties north of Baronet Street. This is the first indication we have received with respect to the character areas so have not had a chance to discuss this recommendation further. By not incorporating the entire zone to the modified Code would be untidy to manage in my opinion. ACS09225 Moved Cr Gartrell seconded Cr Potter that the report be received. Alexandrina Council Council Minutes Monday 21st December 2009 CARRIED Page 15 of 44 Alexandrina Council 14.4 Cadell Street Streetscape Improvement Plan File Ref: Officer: 9.24.1 Sally Roberts REPORT Following a very successful consultation period in June/July this year, in which 80 submissions were received, the Cadell Street Streetscape Improvement Plan has now been amended to take into consideration the comments from the community. Overall there was a positive response to the proposals put forward and where there were some options we have been able to determine which option was the most popular. From that the following changes have been made to the plan: The Council forecourt upgrade will be option 1; Option 2 for the Goolwa Terrace intersection has been incorporated; All proposed paving has been amended from sandstone paving to red brick to match the existing; and The existing red paving has been retained. The final plan was circulated to show these changes incorporated however a hard copy of the final document has been provided to you separately. Council is therefore asked to consider the final plan as presented and if accepted we will move towards developing the detailed drawings and implementation strategy. This will also come back to Council for consideration and will be utilised for budget purposes. Should Council wish to make any amendments to the plan then they need to be identified so that the necessary changes can be made before proceeding to the next step. ACS09226 Moved Cr Saunders seconded Cr Davis that Council adopt the Cadell Street Streetscape Improvement Plan as presented and move towards developing the detailed design drawings and implementation strategy. MOTION LOST Cr Woolford left the meeting at 5.30pm Cr Woolford returned to the meeting at 5.32pm …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 16 of 44 Alexandrina Council 14.4 Cadell Street Streetscape Improvement Plan (continued) AMENDMENT TO THE MOTION Moved Cr Beckett seconded Cr Tuckwell that Council adopt the Cadell Street Streetscape Improvement Plan as presented and move towards developing the details design drawings and implementation strategy with the exception of any reference to amending the junction of Cadell Street and the Goolwa Terrace slip lane. THE AMENDMENT WAS PUT AND CARRIED THE AMENDMENT THEN BECAME THE MOTION AND WAS CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 17 of 44 Alexandrina Council 14.5 Currency Creek Development Plan Amendment File Ref: Officer: 9.24.1 S Roberts REPORT In April 2009 Council endorsed the Draft Currency Creek Development Plan Amendment, DPA, to go out for Government Agency consultation. This process was completed at the end of June 2009 with 14 responses being received. In the time since then the responses have been summarised, any issues that were raised have been addressed and the necessary amendments have been made to the DPA. The summary table, which has been attached, outlines the content of the submission along with comments about their submissions and any recommended actions. The actions column therefore highlights what amendments have occurred within the document since Council last saw it. The next stage of the process is to refer this amended DPA back to the Minister for Urban Development and Planning to obtain his approval to undertake public consultation. The proposed Development Plan amendments will be made available for your information upon receipt. Council is therefore being asked to accept the proposed amendments to the DPA and seek the Minister’s approval to undertake public consultation. ACS09228 Moved Cr Woolford seconded Cr Featherston: a) That Council approve the proposed amendments to the Currency Creek Development Plan Amendment that have occurred as a result of undertaking Government Agency consultation and seek the Minister for Urban Development and Planning approval to undertake public consultation in accordance with Process A as outlined in Section 25(7) of the Development Act 1993. b) That Council allow public consultation to be undertaken upon receipt of the Minister for Urban Development and Planning approval. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 18 of 44 Alexandrina Council ITEM 15 ENGINEERING SERVICES - ACTION SHEET 15.1 Action Sheet for Council Items Date of Originating Meeting 16 Jul 07 Item No. Details of Item & Recommendation Responsible Officer Progress To Date 11.1 Bank SA Walkway Simon Grenfell Proposal has been put to the new owners who have agreed in principle with the walkway. New letter and approach sent to owners to gain legal agreement. The Bank and the new owners have agreed. Licence agreement updated and sent to new owners. Council solicitors have sent the documents through to the owners for signing on 10th November. Still waiting for documents to be returned. Council solicitors have spoken with the landowners and encouraged them to move this along ASAP. An onsite meeting was held on Tuesday 28 July 2009 at 1:00pm with the owner. Not heard anymore since. Completion Date Lempriere Abbott McLeod are amending the lease agreement for the Pezzaniti’s approval. It is expected that the lease will be signed by mid September. Bank SA are now getting involved and want a different set of lawyers to peruse the documentation. The Bank now want Council to pay all of their costs to upgrade the Agreement. …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 19 of 44 Alexandrina Council 15.1 Action Sheet for Council Items (continued) Date of Originating Meeting 1 Sept 08 Item No. Details of Item & Recommendation Responsible Officer Progress To Date Angas River Retaining Wall Structures. Bank stabilisation works in the Soldiers Memorial Gardens adjacent to the Angas River. Simon Grenfell Programmed into schedule of works for 2009-10. Detailed estimates and approvals from DWLBC are currently being sought. Council has now lodged a D/A for the works which should commence Feb/March 2010. Will also coordinate this with the Children’s Bridge upgrade ITEM 16 ENGINEERING SERVICES 16.1 Wedding Request For Port Elliot Soldiers Memorial Gardens File Ref: Officer (full name): From: Officers Consulted (full name): Completion Date 9.24.1 AA – Natalie Barry Tom Raggatt & Marnie Wilson FSM – Greg Hill REPORT Alexandrina Council issues approvals for people to hold their wedding ceremony in Council’s parks and gardens. This is for the ceremony only. Council has an existing ‘Weddings’ policy that states: “Council does not support the use of its reserves to hold wedding receptions”. However the application form and the approval notification does not state this explicitly. Both the application form and the approval notification have now been updated to include this condition. Prior to the change of the application form and the approval notification, Tom Raggatt and his fiancé Marnie Wilson applied to Council in September 2009 to hold a wedding ceremony at the Soldiers Memorial Gardens at Port Elliot on Saturday 13 February 2010 and were under the impression that they were receiving approval for the reception also. Last week the applicants contacted Council and asked if it would be possible for them to organize a portable toilet for the ceremony at their own expense, which prompted Council staff to ask if they were planning to hold their reception in the gardens as well. It was explained to the applicants that receptions are not allowed and that their approval was for the ceremony only, however their approval notification did not state this. …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 20 of 44 Alexandrina Council 16.1 Wedding Request For Port Elliot Soldiers Memorial Gardens (continued) The applicants have organised caterers for the reception and the caterer will be lodging an application for a liquor licence with Council. Invitations have also been sent out to 85 guests and other arrangements have already been made for the day. The applicants have indicated that changing the venue at this late stage will put strain on them to find an alternative venue and would ruin their day. It was suggested to the applicants that they apply in writing to Council to waiver the wedding policy condition and seek Council permission to continue with their plans to hold their reception in the Soldiers Memorial Gardens at Port Elliot. An email was received from Mr Raggatt at the Council on 11 December 2009 requesting that Council allow for their wedding reception to continue and also includes details regarding the reception. Council officers have assessed the application and discussed various issues with Mr Raggatt. Given the applicants and the low impact of the event Council officers recommend approval be given. ACS09229 Moved Cr Oliver seconded Cr Beckett that Council gives permission for Tom Raggatt and his fiance Marnie Wilson to hold their wedding reception at the Soldiers Memorial Gardens at Port Elliot on 13 February 2010 with the following conditions: a) That a liquor licence be obtained by either Mr Raggatt or the contractor catering for the wedding reception; b) That no alcohol be served or consumed after 5:00pm, or as per the conditions set out in the liquor licence; c) That the number of tables, chairs and shelters will not exceed the amount in the email of request sent to Council and all furnishings for the wedding is the responsibility of Mr Raggatt and must be removed from the garden by no later than 6:00pm of that day; d) That Council allow for one (1) portaloo for elderly guests to use at no cost to Council which must be placed within the park and not on the road; e) That any damages to Council infrastructure associated with the wedding be charged to Mr Raggatt for either repairs or replacement; and f) That the area of the Port Elliot Soldiers Memorial Gardens remain open to other members of the public to access CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 21 of 44 Alexandrina Council ITEM 17 INFRASTRUCTURE PLANNING & DESIGN - ACTION SHEET 17.1 Action Sheet for Council Items Date of Originating Meeting 17 Aug 09 Item No. 2/11/09 25.2 Details of Item & Recommendation Responsible Officer Progress To Date New Boat Harbor near Hectors Jetty. (Cr Tuckwell) Warning signs to warn swimmers that deep water exists on the other side of Hectors jetty. To be discussed with LGA Mutual Liability Scheme and report back to Council. Neville Styan/M Shelley Joe Hill has followed this up with the LGAMLS (the Scheme) and verbal response provided at the meeting. Rural Areas Bicycle Plan Study That Council develop a Bike Path Master Plan that encompasses these recommendations for consideration in future budgets Neville Styan Alexandrina Council Council Minutes Monday 21st December 2009 Completion Date Concerns raised re advice provided. Mike Shelley to clarify the situation with the Scheme and report back to Council Crown Land advise that have no objection to the placement of appropriate signage which meets Australian Standards. Page 22 of 44 Alexandrina Council ITEM 18 INFRASTRUCTURE PLANNING & DESIGN 18.1 Riverside Shared Path, Liverpool Road, Goolwa North File Ref: Officer (full name): Officers Consulted (full name): Strategic Plan Outcome Nbr: Budget Allocation: Risk Assessment: ESD Impact/Benefit:* Environmental: * Social: * Economic: 9.24.1 IM – Peter Wood GMIP&D – Neville Styan, GMES – Simon Grenfell 3.7 $429,721 Budget Spent to Date: $4,500 Improved cyclist and pedestrian safety Improved amenities along river frontage Recreational benefits Potential for increased tourism REPORT Design work is well under way for the shared bike path and walking trail from Amelia Park to Laffin Point, for which half-cost funding was won from the Federal Jobs Fund. (Refer Council Report 29.2 dated 2 November 2009). Liverpool Road is a high-visibility location, with many residential properties overlooking the riverfront and the location engenders a strong sense of community 'ownership'. An information / consultation process is proposed, comprising direct letterboxing or mail outs to Liverpool Road properties, invitation to comment by way of a Public Notice in the Victor Harbor Times and an information display at the Council office. A four-week comment period is considered sufficient. A number of leases of Crown Land, containing boating and accommodation facilities, impact on the path alignment, as does the SA Water former pumping station. Initial discussions with SA Water have been very encouraging and a solution to provide an off-road path through this land is being developed. Lease / licence holders with small boat ramps and / or jetties will be notified and discussions will be held with holders of significant leases (e.g. boatyards) regarding amendments to their lease holdings. Whist there appears to be no clear definition of the land to which the Meeting of the Waters Act applies; it has been assumed that consultation is required with Ngarrindjeri Elders. ACS09230 Moved Cr Medlyn seconded Cr Saunders: 1) That residents be invited to comment on the draft design proposals for the 'Riverside Shared Path' adjacent to Liverpool Road, Goolwa. 2) That properties on the northern side of Liverpool Road from the railway crossing to Howell Street be letterboxed. 3) That Lease and Licence holders of Crown Land on the southern side of Liverpool Road be consulted as to the potential impact on the shared path on their infrastructure or lease / licence areas. …cont'd Alexandrina Council Council Minutes Monday 21st December 2009 Page 23 of 44 Alexandrina Council 18.1 Riverside Shared Path, Liverpool Road, Goolwa North (continued) 4) That the community be advised of the proposal by way of an advertisement placed in the public notices section of the Times Newspaper and invited to view plans at the Council office. 5) That a comment period of four weeks be allowed, suggested for Monday January 4 to Friday January 29 2010. 6) That Crown Law (as agend for the land owner) be advised. 7) That Ngarrindjeri Elders (as local administrators of the Meeting of the Waters Act) be invited to view the site and design proposals. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 24 of 44 Alexandrina Council 18.2 Road Naming - Da455/D034/09, Sub-Division Off Grundy Road, Hindmarsh Island File Ref: Officer (full name): From: Officers Consulted (full name): Strategic Plan Outcome Nbr: ESD Impact/Benefit:* Environmental: * Social: * Economic: 9.24.1 Barbara Wills Bill Barton Road Naming Advisory Committee, GM IP&D – Neville Styan 3.7.1 Nil. Acknowledgement of local family history. Signage costs to be borne by the developer. REPORT A road naming request has been received from Bill Barton, DA455/D034/09 – subdivision off Grundy Road, Hindmarsh Island. This development comprises two allotments accessed by a public road. The development has been approved by Council and is now seeking road naming approval. The Applicant, Bill Barton proposes the road marked Public Road (52) be named 'Gould Grove'. The Barton family has owned property on Hindmarsh Island since 14th February 1966 and advises the name 'Gould' is derived from his wife's descendants who were early settlers of Currency Creek. At present there is a 'Gould Road' off GoolwaStrathalbyn Road, Currency Creek - two localities from Hindmarsh Island and should not pose any navigational issues to the proposed 'Gould Grove' on Hindmarsh Island. The road name request was distributed to the Road Naming Advisory Committee on 25th November 2009. The majority of the Road Naming Advisory Committee supports the proposed road name ‘Gould Grove’ although a member suggests to use either ‘Road’ or ‘Lane’ as the road segment does not lend it to be called a ‘Grove’. To assist developers with road names in the future, the Road Naming Suggestions List will be expanded to include names derived from the Aboriginal community and local flora species. Cr Beckett has offered her assistance with community contacts. It is proposed the list will be available at the next Road Naming Advisory Committee meeting to be held in February/March 2009. ACS09231 Moved Cr Medlyn seconded Cr Woolford: 1. That Council approve the proposed road name as 'Gould Lane' as the internal road name for DA455/D034/09, subdivision off Grundy Road, Hindmarsh Island. 2. That the cost and installation of the road signage be the responsibility of the Developer. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 25 of 44 Alexandrina Council 18.3 Confidential Item For Review - Goolwa North Vacuum Pump Station File Ref: Officer (full name): Officers Consulted (full name): 9.24.1 EISA – Danae Cates GMIP&D – Neville Styan REPORT A Confidential report was presented to Council on 15 December 2008 which is now due for review following the expiry of the confidential period. 15 December 2008 Item 17.1 Re: Goolwa North Vacuum Pump Station Officer: Neville Styan Resolution: That Council award the supply and fit out of the Vacuum Pump Station componentry (excluding electrical control panel) to Flovac Systems for the quoted price of $342,000 ex GST. ACS09232 Moved Cr Oliver seconded Cr Medlyn that this item be removed out of confidence and become a public record. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 26 of 44 Alexandrina Council 18.4 Road Naming - D/A 455/D037/09, Sub-Division Off Barker Road, Hindmarsh Island File Ref: Officer (full name): From: Officers Consulted (full name): ESD Impact/Benefit:* Economic: * Social: * Economic: 9.24.1 Barbara Wills Jerry Frankiw, Weber Frankiw & Associates Pty Ltd and Bill Barton Road Naming Advisory Committee, GM IP&D – Neville Styan. Nil. Acknowledgement of early explorers of the Murray River. Signage costs to be borne by the developer. REPORT A road naming request has been received from surveyors, Weber Frankiw & Associates Pty Ltd and Bill Barton DA455/D037/09 - sub-division off Barker Road, Hindmarsh Island. This land division is to create 3 additional allotments accessed by Barker Road, Hindmarsh Island. A road reserve has been created for future internal infill/development. The land division will be approved subject to conditions including naming of the road reserve marked Public Road 6. The surveyors and applicant, Bill Barton proposes the road be named either: 'Charles Sturt Lane' - named after Captain Charles Sturt who discovered the Darling River and in January 1830 the Murray River, which he followed until he reached Goolwa and the Murray Mouth. or 'Mulholland Lane'. Mulholland was a member of Captain Sturts' party on his epic voyage down the Murray River and has a solid historical link to the area. A road named 'Captain Sturt Parade' exists within 2 kms of the proposed new road. This may cause confusion with the duplication of the word 'Sturt', relating to the same explorer, and being within close proximity on Hindmarsh Island. The road name request was distributed to the Road Naming Advisory Committee on 3rd December 2009. The majority of the Road Naming Advisory Committee supports the proposed road name ‘Mulholland Lane’. ACS09233 Moved Cr Woolford seconded Cr Oliver: 1. That Council approve the proposed road name 'Mulholland Lane' as the internal road name for DA455/D037/09, subdivision off Barker Road, Hindmarsh Island. 2. That the cost and installation of the road signage be the responsibility of the Developer. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 27 of 44 Alexandrina Council 18.5 Extinguishment Part Easement No 63 Corcoran Avenue, Goolwa Beach File Ref: Officer (full name): From: Officers Consulted (full name): Strategic Plan Outcome Nbr: Budget Allocation: Chart of Account: 9.24.1 GMIP&D – Neville Styan Peter Nielsen – Nielsen Architects GM – Simon Grenfell, IM – Peter Wood, BS – John Lewis n/a n/a Budget Spent to Date: n/a n/a Job Number: n/a REPORT A request has been received from Mr. Peter Nielsen, Nielsen Architects to extinguish a service easement on Number 63 Corcoran Avenue Goolwa Beach (allotment 230 Deposited Plan 6115). Mr. Nielsen wishes to extinguish the easement along the western boundary of his property to facilitate alterations to the existing residence. The easement was originally created to cater for a future sewer scheme and consists of a 3.66 metre wide easement along the western boundary and a 4.57 metre wide easement along the southern boundary. The existing residence occupies the width of the allotment and hence is already built over the western leg of the easement. Upon a field inspection, it has been determined the western leg of the easement will serve no future purpose for a sewer scheme should one eventuate, nor provides any practical opportunities for stormwater drainage. The owner of the property has agreed to pay all costs associated with the alteration of easement on the certificate of title. ACS09234 Moved Cr Medlyn seconded Cr Oliver: 1) That Council approve the amendment to Easement A allotment 230 Deposited Plan 6115 removing the western leg of the easement. 2) That the Mayor and Chief Executive be authorised to sign and seal all documentation associated with the amendment of Easement A on the subject allotment. 3) That Mr P. Nielsen pay all costs associated with the amendment of the easement on the title. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 28 of 44 Alexandrina Council ITEM 19 GOVERNANCE - ACTION SHEET 19.1 Action Sheet for Council Items Date of Originating Meeting 16/11/09 Item No. 8/12/09 37 Details of Item & Recommendation Responsible Officer Progress To Date Post Box in Cadell Street J Coombe The Business Manager (Southern Retail) for Australia Post is visiting Goolwa this week Illegal Campers (Laffin’s Point) Chief Executive to raise this with local Police and provide report back to Council. J Coombe Continuing to monitor this. Positive feedback received from residents in this area. ITEM 20 GOVERNANCE 20.1 Review Of Council's Policies File Ref: Officer: Officers Consulted: Completion Date 8/12/09 9.24.1 Christine Hamlyn Chief Executive, Deputy Chief Executive and Management Executive REPORT In the past Council has considered and adopted policies that reflect Council’s direction for the Chief Executive and Staff to follow with regard to good governance within the Alexandrina community. Council has determined that these policies will be reviewed on an annual basis. The reviewed policies are now provided to Elected Members for consideration and adoption by Council. New policies will be considered from time to time by Council and added to the list. Policies should be considered annually, however, can be considered, amended or deleted at any time by the Council. ACS09235 Moved Cr Featherston seconded Cr Policies/Procedures, as reviewed, be adopted. Oliver that Council's CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 29 of 44 Alexandrina Council 20.2 Fleurieu Regional Development Board Meeting File Ref: Officer: 9.24.1 John Coombe REPORT I attended the Fleurieu Regional Development (FRD) Board Meeting and A.G.M. on Monday 30th November 2009 at Victor Harbor. Circulated for members’ information were the Chairman and Chief Executive Officer reports. Mr John Crompton was re-elected as Chairman with Mr Peter Hocking being Deputy Chairman. Most of the discussion centred on the new Regional Development Australia (RDA) structure and the amalgamation and transitional arrangements. A further meeting of FRD will be held later in December to further discuss the RDA and transitional arrangements. Details of a Victor Harbor business survey has highlighted how resilient the businesses have been in the difficult period of the global financial crisis. ACS09236 Moved Cr Woolford seconded Cr Gartrell that the report be received. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 30 of 44 Alexandrina Council 20.3 Nominations Sought For The South Australia Boating Facility Advisory Committee File Ref: Officer: From: 9.24.1 John Coombe Local Government Association of S.A. REPORT The Department for Transport, Energy and Infrastructure has written to the LGA requesting nominations for a Local Government Member and Proxy Member on the South Australian Boating Facility Advisory Committee for a term commencing on 16 February 2009. The South Australian Boating Facility Advisory Committee (SABFAC) is established by the Minister for Transport in accordance with Regulation 177 of the Harbors and Navigation Regulations 1994. The role of the SABFAC is to: to advise the Minister for Transport ("the Minister") on the amount of the levy that should be imposed and the application of monies; to advise the Minister, and as may be required, the Executive Director of the Department for Transport, Energy and Infrastructure (DTEI), Transport Services Division, on matters affecting the development of boating facilities in South Australia; to assist in establishing South Australia as a prime recreational boating location for local boating enthusiasts, and interstate and international visitors; and to assist with the continuing sustainable development of the commercial fishing industry and other commercial boating activities. Appointments to the SABFAC are for a period of 2 years. The LGA is currently represented by Mayor Mary-Lou Corcoran of the City of Victor Harbor and her proxy is Mayor Dean Maywald of the District Council of Loxton Waikerie. Mayor Corcoran and Mayor Maywald's terms expire on 16 February 2010 and both are eligible for re-appointment. Committee Members are not entitled to a sitting fee however members are eligible to claim reimbursement for travel expenses. The SABFAC meets approximately 3 times per year at the Department for Transport Energy and Infrastructure offices at Walkerville. Meetings are held from 10:00am to 3:00pm, some site visits may be required. …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 31 of 44 Alexandrina Council 20.3 Nominations Sought For The South Australia Boating Facility Advisory Committee (continued) LGA nominations on outside bodies will, unless determined otherwise by the LGA State or Senior Executive Committee, be currently serving Council Members or Council Staff. Nominations must be forwarded to the LGA by a Council by COB Monday 18 January 2010. The LGA State Executive Committee will consider nominations received at its meeting on Thursday 28 January 2010 ACS09237 Moved Cr Saunders seconded Cr Oliver that Council nominate Councillor Jim Davis for the South Australian Boating Facility Advisory Committee. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 32 of 44 Alexandrina Council 20.4 Letters Of Thanks File Ref: Officer: 9.24.1 Mayor McHugh REPORT The following letters of thanks have been received by Council: ACS09238 Mount Compass Scout Group Thanking Council for their grant of $990 through the Small Recreation and Sports Grant. Great Southern Netball Club Thanking Council for their grant of $1,000 through the Small Recreation and Sports Grant. Moved Cr Medlyn seconded Cr Oliver that the correspondence be received. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 33 of 44 Alexandrina Council 20.5 Membership To Adelaide Hills And Fleurieu/Kangaroo Island Zone Emergency Management Committee File Ref: Officer: From: 9.24.1 John Coombe Superintendent REPORT With the implementation of the South Australian Government Regions and the resulting changes to State Emergency Management Zones have created the Adelaide Hills and Fleurieu/Kangaroo Island Zones which, combined, make up the SAPOL Hills Fleurieu Local Service Area. The State Emergency Management arrangements required that SAPOL maintain a Zone Emergent Management Committee to provide strategic governance for the Zones. To that end, they are requesting that Council canvass all members of Local Government in order to identify prospective members of the new Committee/s. As has occurred in other Zones, it is recommended that the Committee Chair is also a Local Government representative, present or past. Registrations of interest are encouraged and will be welcomed from those with some Emergency Management experience along with the focus and energy this role will demand. ACS09239 Moved Cr Oliver seconded Cr Woolford received for members information and that Council nominate Councillor Trent Rusby. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 34 of 44 Alexandrina Council 20.6 Internal Review - Section 270 Local Government Act - Phillips File Ref: Officer: Officers Consulted: From: 9.24.1 Mike Shelley Management Executive Lempriere Abbott McLeod REPORT Council would be aware that Mr and Mrs Phillips of Hindmarsh Island lodged complaints and a request for an Internal Review pursuant to Section 270 of the Local Government Act, 1999. relating to the Hindmarsh Island Planning Amendment Report. Council commissioned Mr Robert Holland of Lempriere Abbott McLeod to conduct the Internal Review and report findings to Council. The South Australian Ministers for Planning and Local Government were keen to receive a copy of the Internal Review report. We have also agreed to provide the SA Ombudsman with a copy of the report following their investigations and interest in this matter. In consultation with Mr & Mrs Phillips, it was agreed that their concerns for the following five (5) matters would be investigated and a report provided to all parties: 1. The lack of consultation by Council with us in relation to the development of the Management Plan, the Planning Amendment Report (PAR) and the Development Plan which has subsequently been approved by the relevant Government Minister. 2. The lack of consultation of a proposal to re-align Captain Sturt Road such that the portion of the Road which was to be re-aligned would be situated on our property. 3. That the Council at its first meeting, after the elections in 2006 could not properly vote on the PAR as there were three newly elected members whom in our opinion, were not sufficiently informed (it al all) of the PAR to be able to vote on it. 4. That Mr Des Commerford the then Policy Planner for the Council “lied” to us when we attended a meeting at the Council’s offices on 16 February 2009 in that he stated to us that the meeting had been called at the discretion of “the Minister”. 5. That Council’s Chief Executive Mr John Coombe, owed us a duty of care and “breached our confidence” when he informed Mr Andrew Chapman by email that we had met with Council on 16 February 2009. …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 35 of 44 Alexandrina Council 20.6 Internal Review - Section 270 Local Government Act - Phillips (continued) Mr and Mrs Phillips requested that the following outcome would be to their satisfaction: “We confirm that because of each of the aforementioned events numbered 1 – 5 inclusive that we believe that the Mayor of Alexandrina Council, Mr Kym McHugh, the Chief Executive, Mr John Coombe and the current Policy Planner, Ms Sally Roberts should resign from their positions and employment with Council and that each of the aforementioned persons together with the recently retired Policy Planner, Mr Des Commerford should also forego payment of all their entitlements. In the conduct of the investigation, Council provided full and unrestricted access to all documents requested and related to this matter, as well as coordinating interviews requested by Mr Holland. Circulated for members’ information was the report prepared by Mr Holland. The Annexure (A) to (Z) is available for members perusal if required. I have listed the Conclusions by Mr Holland relating to the five (5) matters listed above. Conclusion 1 I find the complaint by Mr & Mrs Phillips that there was a lack of consultation by Council with them in relation to the Management Plan and Development Plan Amendment Report (PAR) in relation to their land and its proposed development unsubstantiated. They were offered opportunities to come to Council with their proposed development of which they availed themselves. They submitted a written submission on 27 February 2006 and Connor Homes made three written submissions to Council on their behalf. They had several informed meetings with Council staff regarding their proposed development and finally were offered and took the opportunity to address Council and speak to their proposal. Unfortunately for them their proposed development does not suit the philosophy and nature behind the restructure of the Management Plan and PAR which was to achieve a balance between allowing further residential development while protecting the Island’s environment and acknowledging the Island’s traditional land owners, the Ngarrindjeri people. Conclusion 2 There is no statutory requirement on the Council to contact individual land owners regarding the PAR or any particular aspect of it. At best the proposed re-alignment of Captain Sturt Road was nothing more than a proposal which has never eventuated. …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 36 of 44 Alexandrina Council 20.6 Internal Review - Section 270 Local Government Act - Phillips (continued) Conclusion 3 From my investigations and interviews with the three elected members for the Goolwa-Hindmarsh Island Ward, including Mr Ian Saunders who was a newly elected member of Council in the 2006 general Council elections, I am satisfied that the newly elected members were sufficiently briefed on the PAR and accompanying submissions received prior to casting their votes at the first Council meeting after the 2006 general election. Conclusion 4 I am unable to conclude what was said at the meeting held on 16 February 2009. It is likely that Messrs Coombe and Commerford were at cross purposes as to the purpose of the meeting and that Mr & Mrs Phillips misunderstood or misheard what was said regarding the involvement of “the Minister” in the convening of the meeting. I am unable to find that Mr Commerford lied to Mr & Mrs Phillips as alleged. Conclusion 5 Mr Coombe did not owe Mr & Mrs Phillips a duty of care. In informing Mr Chapman that a meeting had been held with Mr & Mrs Phillips on 16 February 2009 Mr Coombe was responding to Mr Chapman’s emailed request dated 8 February 2009 that Council take “some action to remove” the farm machinery and had provided the “assistance” sought. In my opinion, in so doing Mr Coombe has not breached any confidence with Mr & Mrs Phillips. Overall Conclusion On the basis of my findings above, I am unable to find any basis for Mr & Mrs Phillips to require the Mayor of Alexandrina Council, Mr Kym McHugh, the Chief Executive, Mr John Coombe and the current Policy Planner, Ms Sally Roberts to resign their positions of employment with the Council or that each or any of those persons, together with the former Director, Environment and Lifestyle Services, Mr Des Commerford, should forego payment of any or all their employee entitlements. A copy of the report and Annexures (A) to (Z) have been forwarded to the South Australian Ombudsman, the Minister for Urban Development and Planning, and the Minister for State/Local Government Relations. It is recommended that no further action be taken by Council at this stage in relation to this matter. ACS09240 Moved Cr Oliver seconded Cr Woolford: That the report be received. That Council forward a copy of the Internal Review Report and Annexures to the SA Ombudsman and the Ministers for Planning and Local Government. That no further action be taken by Council at this stage in relation to this matter. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 37 of 44 Alexandrina Council 20.7 Chief Executive Annual Leave File Ref: Officer: 9.24.1 John Coombe REPORT I will be taking 5 days Annual Leave from 29th December 2009 exclusive of the public holidays. In my absence Mr Mike Shelley will be the Acting Chief Executive. ACS09241 Moved Cr Beckett seconded Cr Oliver that the five day Annual Leave for the Chief Executive be approved. CARRIED 20.8 Goolwa And District Community Bank Steering Committee File Ref: Officer: From: 9.24.1 John Coombe Carol Gaston REPORT I have been informed that $680,000 in pledges has been received. A Business Plan and Prospectus is now required to be undertaken to confirm the pledges. To undertake this process, it will cost between $13,000 - $15,000. Council has already agreed to allocate $6,000 (Refer to Item 33.8 Council Meeting 6th April 2009, where Council resolved “that Council offer its support to the establishment of a community bank and will meet the cost of preparing a business plan up to the value of $6,000 on the understanding the required pledges of $750,000 are achieved”). The difference could be funded from members pledges. However in discussions with Caro Gaston, they are confident of repaying the Council financial support from their operating profit. With this being the case, could I suggest to Council that we make a budget adjustment and allocate up to $15,000 to undertake the Business Plan. When the Community Bank makes a profit, the allocation made by Council be distributed to a community project and/or event as agreed by Council. I see this as being a good gesture by Council in support of our community and the community bank concept. ACS09242 Moved Cr Davis seconded Cr Featherston that Council make a budget adjustment and allocate up to $15,000 to enable the preparation of a Community Bank Business Plan, and when the bank achieves a profit, the advanced $15,000 be repaid back to Council. LOST …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 38 of 44 Alexandrina Council 20.8 Goolwa And District Community Bank Steering Committee (continued) AMENDMENT TO THE MOTION ACS09243 Moved Cr Medlyn seconded Cr Oliver that Council make a budget adjustment and allocate up to $15,000 to enable the preparation of a Community Bank Business Plan, and when the bank achieves a profit, the advanced $15,000 be distributed to a Council approved community project(s) or event(s). THE AMENDMENT WAS PUT AND CARRIED THE AMENDMENT THEN BECAME THE MOTION AND WAS CARRIED 20.9 New Employment Contract With Mr Graham Webster File Ref: Officer: 9.24.1 John Coombe REPORT I have met with Graham Webster to discuss future employment opportunities and I am pleased to inform Council that I will be offering Graham a new three (3) year contract of employment which will commence as from 1st January 2010. Graham will continue in his role as General Manager of Strategy, Environment and Economic Development. He will be working four (4) days a week, although this may vary given times of the year and projects we may be involved with. Graham will also have the opportunity to work from home. I need to stress these arrangements will be subject to ongoing review to ensure work output and with no disruptions being caused to other sections of our operations. As was outlined previously to Council, these dollar savings will be applied towards the employment of our Communications and P.A. Officer, in Kelly Robinson. ACS09244 Moved Cr Featherston seconded Cr Woolford that the new 3 year employment contract with Mr Graham Webster to apply from 1st January 2010 be noted. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 39 of 44 Alexandrina Council 20.10 Historic Cairn Bristow-Smith Reserve - D/A 455/1000/09 File Ref: Officer (full name): From: Officers Consulted (full name): 9.24.1 Pauline Bence Alexandrina Council Graham Webster, Tom Gregory, Steve Ashley REPORT Council will recall that this item was deferred from the Council meeting of 7th December 2009 pending further information being sourced in relation to this being a significant Ngarrindjeri site. Graham Webster has met with Councillor Tuckwell on site and agreement has been reached in regard to the placement of the cairn. Consultation with the Ngarrindjeri Heritage Committee will also take place. Advice has been received from Crown Lands that they have no objection to the development as it is consistent with the purpose of the dedication and native title has been extinguished on Section 336 Hundred of Goolwa CR Volume 5740 Folio 344. ACS09245 Moved Cr Potter seconded Cr Medlyn that Council grants consent for D/A 455/1000/09 to proceed. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 40 of 44 Alexandrina Council 20.11 Strathalbyn Swimming Club File Ref: Officer: Officer Consulted: 9.24.1 John Coombe Mayor Kym McHugh REPORT Included for members’ information is a copy of the Strathalbyn Swimming Club’s letter seeking financial assistance. The request is made given the 6 weeks delay in opening the new swimming complex. In essence they are asking for Council to make up the difference if the Club’s fee subscription is reduced by $40 (as an example, if they have 20 new members, Council would be responsible for $800). We understand the Club will hold their Strathalbyn Open meet on 10th January 2010 and to assist the Club, Mayor McHugh and the Chief Executive can each contribute $500 from their discretionary funds to recognise Council as a major sponsor. ACS09246 Moved Cr Rusby seconded Cr Woolford that Council contribute $1,000 as a major sponsor for the Strathalbyn Open to be held on 10th January 2010. CARRIED ITEM 21 GENERAL BUSINESS - ELECTED MEMBERS Cr Potter Council Meeting at Milang Would like a future Council Meeting held in Milang in 2010. Council Meeting dates to be investigated and report to come back to Council. Responsible Officers: John Coombe/Christine Hamlyn Cr Beckett Parks and Gardens Booking Form Concerns re the format and questions listed in the current form. Chief Executive to look over the form and report back. Responsible Officer: John Coombe …cont’d Alexandrina Council Council Minutes Monday 21st December 2009 Page 41 of 44 Alexandrina Council Item 21 General Business – Elected Members (continued) Cr Tuckwell Murray Darling Association Conference Councillors Tuckwell and Potter recently attended a Region 6 Meeting of the MDA at Wellington. They will be putting a request to the next Board Meeting, for the next MDA Conference being held in South Australia, to be held in Goolwa (approx. three years time). Cr Saunders Buskers Two young residents of Goolwa have asked whether they are allowed to busk on Council/community property? Advised that they will need to apply in writing to Council with details e.g. date, time/s, venue/s. They also need current public liability insurance. All enquiries to be directed to Christine Hamlyn. Cr Saunders – Leave in 2010 4th – 13th January 2010 inclusive 15th February – 9th March 2010 inclusive All of June 2010 and July 2010 ITEM 22 GENERAL BUSINESS – GALLERY Thank You from Lisa (The Times) Lisa thanked Council for their assistance during the year. Christmas Greetings from Mayor McHugh The Mayor passed on his best wishes to John Coombe, Council Staff, Deputy Mayor Cr Anne Woolford and Elected Members for a wonderful Christmas and New Year. Alexandrina Council Council Minutes Monday 21st December 2009 Page 42 of 44 Alexandrina Council ITEM 23 CONFIDENTIAL ITEMS 23.1 Flying Fish Cafe (Confidential) Moved Cr Oliver, seconded, Cr Medlyn that in accordance with the 1999 Local Government Act, Section 90 subsection (2) and (3) (d) : (2) A Council or Council Committee may order that the public be excluded from attendance at so much of a meeting as is necessary to receive, discuss, consider in confidence any information or matter listed in subsection (3) (3) The following information and matters are listed for the purposes of subsection (2): (d) commercial information of a confidential nature (not being a trade secret) the disclosure of which— (i) 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; and (ii) would, on balance, be contrary to the public interest; With the Chief Executive, Governance Officer and other relevant officers remaining in the Chambers. CARRIED Moved Cr Oliver, seconded Cr Medlyn that Council move into Camera at 6.40pm. CARRIED Moved Cr Medlyn, seconded Cr Gartrell that Council move out of Camera at 6.44pm. CARRIED Alexandrina Council Council Minutes Monday 21st December 2009 Page 43 of 44 Alexandrina Council ITEM 24 CLOSURE The Mayor declared the Meeting closed at 6.44pm. MINUTES CONFIRMED……………………………………… DATE………………….. MAYOR B K MCHUGH Alexandrina Council Council Minutes Monday 21st December 2009 Page 44 of 44