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

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