MINUTES ORDINARY COUNCIL MEETING

Transcription

1 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

2 COMMITTEE ORDINARY COUNCIL MEETING DATE Monday 18 April 2011 LOCATION FILE REF 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 MINUTES COUNCIL CHAMBERS, LEVEL 1 60 TASMAN TERRACE, PORT LINCOLN MIN 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. 1 P age

3 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 Community Funding Applications March Pursuant to Local Government Act 1999, Chapter 5, Part 4, Division 3 (74), Councillor Davis disclosed an interest to item 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 Nil 2 P age

4 11. ELECTED MEMBERS REPORTS Mayoral Report Events and Activities Attended Deputy Mayor s Report Nil Councillors Reports 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 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 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 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. 3 P age

5 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 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 and 0% in , 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 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 $ for Moved: Councillor Papazoglov Seconded: Councillor Jolley That Motion FM 11/0012 Waste and Recycling Levy of the Financial Management Committee Meeting be Adopted 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 Moved: Councillor Bascombe Seconded: Councillor Catt Amendment - Motion FM 11/0012 Waste and Recycling Levy of the Financial Management Committee Meeting be Adopted Councillor Papazoglov left the meeting at 9.02pm Councillor Papazoglov re-entered the meeting at 9.04pm LOST 4 P age

6 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 FM/0014 CO 11/0080 That the Financial Management Committee, having reviewed Council s proposed fees and charges for , makes recommendation that Council adopts the Fees and Charges Schedule and that a new Fees and Charges Schedule be published and issued, effective from 1st July Moved: Councillor Bascombe Seconded: Councillor Davis That Motion FM 11/ Fees & Charges Schedule of the Financial Management Committee Meeting be Adopted 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. 14. REPORTS/MINUTES OF COMMUNITY COMMITTEES Nil 15. REPORTS OF OFFICERS Chief Executive Officer Ordinary Report Letters of Appreciation BP Exploration Proposed Marine Seismic Survey South Australian Tourism Commission-(SATC) - Request for Funding 5 P age

7 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 Director Corporate and Community Services Affordable Housing Project 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 Community Land Leases 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 1 st January 2011 to 31 st 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 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 6 P age

8 and Settlers Cottage at Flinders Park, incorporating management of the museum collection as Curators, commencing 1 st April 2011 to 31 st March 2016, and that the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the documentation 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 O as tabled, for the balance of the 21 year period, commencing on 1 st 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 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 20 th May 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 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 ) an amount equivalent to the Donation received less the renovation costs associated with the unit (GL ) on settlement 7 P age

9 15.3. Manager Corporate Services 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 Draft Annual Business Plan CO 11/0090 Public Consultation Draft Annual Business Plan Moved: Councillor Papazoglov Seconded: Councillor Patterson 1. That Council has reviewed the draft Annual Business Plan 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 and invite written submissions which will be received up to 5pm on Friday 20 th May 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 as per the Local Government Act 1999 Section 123 (4) Manager Community Infrastructure 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. 8 P age

10 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 Manager Development and Environmental Services King Street 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 Executive Assistant Reimbursement of Expense Councillor Gordon Hartley 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. Councillor Rogers Re-entered the meeting at 10.21pm Corporate Tie Design 9 P age

11 16. TABLED PUBLICATIONS AND CIRCULARS Linear Trail Public Consultation City of Port Lincoln 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; (i) (ii) Section 90(3)(b) information the disclosure of which 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 would, on balance, be contrary to the public interest Operations Manager InCommittee Report 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 10 P age

12 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. 19. NEXT MEETING Monday 2 May 2011 at 7.30pm. 20. CLOSURE There being no further business the meeting was declared closed at 10.57pm 11 P age