MINUTES
for the
ORDINARY COUNCIL MEETING
held on
MONDAY 18 APRIL 2011
at 7.30pm
THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL
CONSIDERED BY COUNCIL
M I N U T E S
COMMITTEE
ORDINARY COUNCIL
MEETING DATE
Monday 18 April 2011
LOCATION
COUNCIL CHAMBERS, LEVEL 1 60 TASMAN TERRACE, PORT LINCOLN
FILE REF
MIN201117
1. PRESENT Mayor Green Councillor Bartlett Councillor Bascombe Councillor Catt Councillor Davis Councillor Hartley Councillor Jolley Councillor Papazoglov Councillor Patterson Councillor Rogers Also in Attendance
Mr Geoff Dodd – Chief Executive Officer
Ms Katrina Allen – Director Corporate & Community Services Ms Jo Calliss – Manager Corporate Services
Mr Craig Matena – Manager Operations
Mr Nigel Melzner – Manager Community Infrastructure
Mr Bob Milic – Manager Development and Environmental Services Ms Nyssa Marshall – Executive Assistant
2. OPENING PRAYER
“Almighty God, We humbly ask you to bless the work of this Council, direct and prosper its deliberations to the advancement of your message and the true welfare of the people of this City.”
3. APOLOGIES
Deputy Mayor Starke
4. MINUTES OF THE PREVIOUS MEETINGS
CO 11/0073 Confirmation of the Minutes of the Previous Meeting
Moved: Councillor Rogers Seconded: Councillor Bascombe That the Minutes of the Previous Ordinary Council Meeting held on Monday 4 April 2011 as per copies supplied to members be confirmed as a true and correct record of that meeting.
5. BUSINESS ARISING FROM THE MINUTES
Councillor Rogers queried Council Motion CO 11/0062 ‘Triple Bay Charters – Fish Cleaning Facilities’, Mr Melzner advised that there is no information available to date.
6. PETITIONS AND DEPUTATIONS
6.1. Joseph Anderson, Director of Officespace Investments Pty Ltd
Spoke to his letter with regards to carparks for Officespace Investments Pty Ltd at 9-11 Mortlock Terrace, Port Lincoln.
7. COMMUNITY QUESTION TIME
Nil
8. CONFLICT OF INTEREST DECLARATION
Pursuant to Local Government Act 1999, Chapter 5, Part 4, Division 3 (73), Councillor Rogers declared a conflict of interest to item 15.6.2 – Community Funding Applications – March 2011.
Pursuant to Local Government Act 1999, Chapter 5, Part 4, Division 3 (74), Councillor Davis disclosed an interest to item 15.3.1 – Waiver of Development Fees – Eyre Peninsula Community Foundation.
9. MOTION ON THE TABLE
CO 11/0021 Report on Improving Traffic Control at Dublin Street Bridge, Lebrun Street Railway Crossing, and Porter Street and Liverpool Street
Moved: Councillor Bascombe Seconded: Councillor Hartley
That Council engage the services of Frank Siow & Associates (Traffic Engineers) to prepare a report about improving traffic control on the Dublin Street Bridge, Lebrun Street railway crossing, Porter Street & Liverpool Street.
That the use of roundabouts and solid median strips be investigated as part of the report.
That the Department of Transport, Energy & Infrastructure be advised and informed of Council’s concerns and actions.
10. NOTICES OF MOTION
11. ELECTED MEMBERS REPORTS
11.1. Mayoral Report
11.1.1. Events and Activities Attended
Councillor Davis asked Mayor Green about his meeting with Sarin Group Property. Mayor Green advised the discussion was in relation to a parcel of land opposite Ravendale Community Sporting Centre and whether Council may still have an ongoing interest in acquisition.
11.2. Deputy Mayor’s Report
Nil
11.3. Councillors Reports
11.3.1. Councillor Hartley
Councillor Hartley attended the Lower Eyre Peninsula Road Safety Meeting, Eyre Pest Management Meeting, Parks and Reserves Meeting, and observed the Financial Management Committee, and Strategic Planning Policy Development Committee Meetings.
12. QUESTIONS FROM COUNCILLORS
12.1. Councillor Rogers
Councillor Rogers asked if page numbers could be printed next to attachments in the agenda body for ease of viewing. Mrs Allen advised that we will trial a number of different options to achieve a more user-friendly agenda.
13. MINUTES OF COUNCIL COMMITTEES
13.1. Financial Management Committee
CO 11/0074 Short Term Suspension of Procedures
Moved: Councillor Bartlett Seconded: Councillor Catt
That formal meeting proceedings be suspended for a period of 15 minutes to allow open discussion on the recommendations of the Financial Management Committee Meeting Minutes.
13.1.1. Motion FM 11/0010
CO 11/0075 The Financial Management Committee recommend that the rate revenue generated on new property assessments created since the last declaration of rates should be rated in addition to the proposed 4%
increase to be applied to the amount of rates generated in the previous financial year
Moved: Councillor Bascombe Seconded: Councillor Jolley
That Motion FM 11/0010 ‘Basis of Rating New Assessments’ of the Financial Management Committee Meeting be Adopted
CARRIED
13.1.2. Motion FM/0011
CO 11/0076 The Financial Management Committee support the elimination of the Rural Landscape Protection (formerly Fringe) Differential Rate by reducing the Rural Landscape Protection discount, currently
10%, to 5% in 2011-2012 and 0% in 2012-2013, to bring them into line with the General Rate applied to all other properties not located in the Rural Landscape Protection Zone.
Moved: Councillor Bascombe Seconded: Councillor Davis
That Motion FM 11/0011 ‘Rural Landscape Protection (formerly Fringe)
Differential Rate’ of the Financial Management Committee Meeting be Adopted
CARRIED
13.1.3. Motion FM/0012
CO 11/0077 The Financial Management Committee support the recommendation to increase the Recycling Levy to $55.00 and introduce a Waste Management Levy of $120.00, and incorporate both charges into a
combined Waste and Recycling Levy of $175.00 for 2011-2012
Moved: Councillor Papazoglov Seconded: Councillor Jolley
That Motion FM 11/0012 ‘Waste and Recycling Levy 2011-2012’ of the Financial Management Committee Meeting be Adopted
CARRIED
Councillor Bascombe called for a division;
Councillors Catt, Bartlett, Davis, Hartley, Jolley, Papazoglov and Rogers voted for the motion. Councillors Patterson and Bascombe voted against the motion.
CO 11/0078 The Financial Management Committee support the recommendation to maintain the Recycling Levy at $45.00 and introduce a Waste Management Levy of $50.00, and incorporate both charges into a
combined Waste and Recycling Levy of $95 for 2011-2012
Moved: Councillor Bascombe Seconded: Councillor Catt
Amendment - Motion FM 11/0012 ‘Waste and Recycling Levy 2011-2012’ of the Financial Management Committee Meeting be Adopted
LOST
Councillor Papazoglov left the meeting at 9.02pm Councillor Papazoglov re-entered the meeting at 9.04pm
13.1.4. FM/0013
CO 11/0079 The Financial Management Committee has reviewed the March 2011 Budget Review documentation as presented, and makes recommendation that the requirements of the Local Government Act 1999
Chapter 8, Part 2, 123, and (Financial Management) Regulations 1999 Part 2, 7 have been met.
Moved: Councillor Bascombe Seconded: Councillor Bartlett
That Motion FM 11/0013 ‘March 2011 Budget Review’ of the Financial Management Committee Meeting be Adopted
CARRIED
13.1.5. FM/0014
CO 11/0080 That the Financial Management Committee, having reviewed Council’s proposed fees and charges for 2011-2012, makes recommendation that Council adopts the 2011-2012 Fees and Charges Schedule
and that a new Fees and Charges Schedule be published and issued, effective from 1st July 2011.
Moved: Councillor Bascombe Seconded: Councillor Davis
That Motion FM 11/0014 ‘2011-2012 Fees & Charges Schedule’ of the Financial Management Committee Meeting be Adopted
CARRIED
CO 11/0081 Financial Management Committee Meeting minutes
Moved: Councillor Catt Seconded: Councillor Bartlett
That the Minutes and Recommendations of the Financial Management Committee be adopted.
CARRIED
14. REPORTS/MINUTES OF COMMUNITY COMMITTEES
Nil
15. REPORTS OF OFFICERS
15.1. Chief Executive Officer – Ordinary Report
15.1.1. Letters of Appreciation
15.1.2. BP Exploration – Proposed Marine Seismic Survey
15.1.4. SATC – Fly in Marketing Campaign
CO 11/0082 Budget Consideration – South Australian Tourism Commission Fly-in Tourism Campaign
Moved: Councillor Papazoglov Seconded: Councillor Rogers
That the City of Port Lincoln gives budget consideration of $50,000 to support an Adelaide to Port Lincoln Fly-in tourism marketing campaign as proposed by the South Australia Tourism Commission.
CARRIED
15.2. Director Corporate and Community Services
15.2.1. Affordable Housing Project
15.2.1.1. Affordable Housing Outcomes
CO 11/0083 Affordable Housing Project – Seaview Park
Moved: Councillor Papazoglov Seconded: Councillor Rogers
That pursuant to Local Government Act 1999, Section 201 the City of Port Lincoln enter into a Contract of Sale and a Development Agreement with the South Australian Housing Trust for the Affordable Housing Project at Seaview Park, Port Lincoln, and that the Mayor and the Chief Executive Officer be authorised to sign the required documentation and apply the Council Seal
CARRIED
15.2.2. Community Land Leases
15.2.2.1. Bedford Group Incorporated
CO 11/0084 Community Land Lease – Bedford Group Incorporated
Moved: Councillor Papazoglov Seconded: Councillor Jolley
That pursuant to Local Government Act, 1999 Section 202 and the City of Port Lincoln Community Land Management Plan No 1, the Bedford Group Incorporated be granted a twelve year lease right of renewal, commencing 1st
January 2011 to 31st December 2022, for the use of community land and facilities
on Coronation Place, and that the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the documentation.
CARRIED
15.2.2.2. Southern Eyre Peninsula Family and Local History Group Inc.
CO 11/0085 Community Land Lease – Southern Eyre Peninsula Family and Local History Group Inc
Moved: Councillor Hartley Seconded: Councillor Davis
That pursuant to Local Government Act, 1999 Section 202 and the City of Port Lincoln Community Land Management Plan No 1, the Southern Eyre Peninsula Family and Local History Group Inc. be granted a five year lease for Mill Cottage
and Settlers Cottage at Flinders Park, incorporating management of the museum collection as Curators, commencing 1st April 2011 to 31st March 2016, and that
the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the documentation.
CARRIED
15.2.3. Operational Land Lease
CO 11/0086 Operational Land Lease – Trevor Louie Bennie at CT 5093/780
Moved: Councillor Bascombe Seconded: Councillor Jolley
That the Council agrees to enter into a lease with Trevor Louie Bennie of the land delineated in red (portion of CT Volume 5093 Folio 780) on the plan attached to the draft lease O20102390 as tabled, for the balance of the 21 year period, commencing on 1st July 2009, and otherwise on the terms and conditions set out
in the draft lease,
And that the Mayor and the Chief Executive Officer be authorised to sign and affix the Council Seal to the documentation.
CARRIED
15.2.4. Council By-Laws
CO 11/0087 Council By- Laws – Public Consultation
Moved: Councillor Catt Seconded: Councillor Bascombe That pursuant to Local Government Act 1999, Section 249 (1) the Council endorse the five proposed By-laws as presented, for public consultation and seek written submissions until Friday 20th May 2011
CARRIED
15.2.5. Kirton Court Unit
CO 11/0088 Kirton Court Unit
Moved: Councillor Papazoglov Seconded: Councillor Bascombe 1. That Council accept the tendered amount of one hundred and seventy
thousand dollars ($170,000) from Ms Melva Bullock for the occupation under licence as per the Retirement Villages Act, 1987, of Unit 1, 89 London Street, Port Lincoln subject to
• payment of a one thousand dollar ($1,000) holding deposit
• approval of finance
• settlement of her current property by end of May 2011
2. That the Mayor and the Chief Executive Officer be authorised to execute the required licence documentation and apply the Council Seal.
3. That Council transfer to the LGFA Kirton Court Unit Capital fund (GL 9090640) an amount equivalent to the Donation received less the renovation costs associated with the unit (GL 1330150) on settlement
15.3. Manager Corporate Services
15.3.1. Waiver of Development Fees – Eyre Peninsula Community Foundation
CO 11/0089 Waive Development Application Fees – EP Community Foundation
Moved: Councillor Bascombe Seconded: Councillor Papazoglov 1. That Council waives the lodgement fee, development assessment fee and
building rules assessment fee for the development at 10 Windamere Crescent, Port Lincoln.
2. That Council advises the Eyre Peninsula Community Foundation that, in accordance with the Section 166(1)(j) of the Local Government Act 1999, it may make formal application for a rebate of rates for the 2011/2012 financial year .
CARRIED
15.3.2. Draft Annual Business Plan
CO 11/0090 Public Consultation – 2011-2012 Draft Annual Business Plan
Moved: Councillor Papazoglov Seconded: Councillor Patterson 1. That Council has reviewed the draft Annual Business Plan 2011-2012 as
presented, and confirms that the requirements of Section 123 of the Local Government Act 1999 have been met.
2. That Council staff commence the public consultation process as per policy 2.63.1 and invite written submissions which will be received up to 5pm on Friday 20th May 2011.
3. That a period of at least 1 hour be allotted at the commencement of the meeting of Council to be held on Monday, 6 June 2011 to allow members of the public to ask questions and make or speak to submissions in relation to the draft Annual Business Plan 2011-2012 as per the Local Government Act 1999 Section 123 (4).
CARRIED
15.4. Manager Community Infrastructure
15.4.1. Linear Trail Public Consultation
CO 11/0091 Port Lincoln Linear Trail
Moved: Councillor Catt Seconded: Councillor Hartley
1. That budget consideration be given in the 2011/12 financial year to undertake detailed design and engineering specifications for the proposed Port Lincoln Linear Trail;
2. That Council staff negotiate with the owners of the Toybox Childcare Centre to secure access through the rear of the property for the Linear Trail.
15.4.2. Observation Tower Grant of Easement
CO 11/0092 Grant of Easement – Observation Tower
Moved: Councillor Catt Seconded: Councillor Patterson That the Mayor and Chief Executive Officer execute and affix the common seal to the Consent of the Grant of Easement pursuant to Section 96 of the Real
Property Act 1886 over the portion of land comprised in Certificate of Title Register Book, Volume 5221 Folio 116 for the purpose of transmission of electricity by underground cable.
CARRIED
15.5. Manager Development and Environmental Services
15.5.1. 16 King Street
15.5.2. Development Application 931/319/10 – Officespace Investments Pty Ltd
CO 11/0093 Draft Policy – On-Street Carparking
Moved: Councillor Catt Seconded: Councillor Bascombe That the Chief Executive Officer develop a draft policy in relation to building development and ‘on-street’ parking.
CARRIED
15.6. Executive Assistant
15.6.1. Reimbursement of Expense – Councillor Gordon Hartley
15.6.2. Community Funding Applications – March 2011
Councillor Rogers advised having a conflict of interest and left the meeting at 10.17pm
CO 11/0094 Adopt Community Funding Applications Allocations – March 2011 Moved: Councillor Papazoglov Seconded: Councillor Bartlett
That the suggested allocations for the March 2011 round of Community Funding Assistance be adopted.
CARRIED
Councillor Rogers Re-entered the meeting at 10.21pm.
16. TABLED PUBLICATIONS AND CIRCULARS
16.1. Linear Trail Public Consultation – City of Port Lincoln
16.2. Lease Agreement CT 5546/513 – City of Port Lincoln
Mayor Green left the meeting at 10.23pm. Mayor Green re-entered the meeting at 10.25pm.
17. URGENT BUSINESS WITHOUT NOTICE
Nil
18. CONFIDENTIAL MATTERS PURSUANT TO SECTION 90 OF THE LOCAL GOVERNMENT ACT 1999 CO 11/0095 Confidential Order - Waste Transport Services to Eyre Peninsula Landfill
Moved: Councillor Catt Seconded: Councillor Rogers
That the City of Port Lincoln Council orders (pursuant to the provisions of Section 90 (3)(d)(i) and (k) of the Local Government Act 1999), that the public, with the exception of the Chief Executive Officer, Director Corporate and Community Services, Manager Corporate Services, Manager Operations, Manager Community Infrastructure, Manager Development and Environmental Services and the Executive Assistant be excluded from attendance at so much of the meeting, as, is necessary to receive, discuss and consider in confidence, information contained within the Confidential report entitled “InCommittee Report” provided by Craig Matena, Manager Operations, concerning “Waste Transport Services to Eyre Waste Landfill” be issued on grounds contained within;
Section 90(3)(b) information the disclosure of which
(i) could reasonably be expected to confer a commercial advantage
on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and
(ii) would, on balance, be contrary to the public interest
CARRIED
18.1. Operations Manager – InCommittee Report
18.1.1. Waste Transport Services to Eyre Waste Landfill
CO 11/0097 Confidential Order to Remain In Force - Waste Transport Services to Eyre Peninsula Landfill
Moved: Councillor Catt Seconded: Councillor Rogers
That the City of Port Lincoln orders (pursuant to the provisions of Section 91(7)(a)(b) of the Local Government Act 1999), that the order issued by the Council covering the information contained within the confidential report entitled “InCommittee Report” provided by Craig Matena, Manager Operations, correspondence, discussions and minutes concerning ‘Waste Transport Services to Eyre Waste Landfill” remain in force until formal contractual arrangements are
executed with Council’s preferred contractor in regard to the transportation of waste from Port Lincoln and the management of the Hassell Road Resource Recovery Centre.
CARRIED
19. NEXT MEETING
Monday 2 May 2011 at 7.30pm.
20. CLOSURE
