COUNCIL MEETING - City of Port Augusta 29/01/2013 MINUTES OF PORT AUGUSTA CITY COUNCIL MEETING HELD ON TUESDAY 29 JANUARY 2013 PRESENT Acting Mayor, Cr P Greagen, Crs K McLean, P Solomon,

AR13/3999 25/02/2013

COUNCIL MEETING AGENDA

Monday 25 February 2013 7:00pm

Council Chambers

4 Mackay Street, Port Augusta

Civic Centre: 4 Mackay Street

Port Augusta South Australia 5700

Postal Address: PO Box 1704

Port Augusta South Australia 5700

Telephone (08) 8641 9100

Facsimile (08) 8641 0357

[email protected]

www.portaugusta.sa.gov.au

AR13/3999 25/02/2013

1. WELCOME & OPENING PRAYER

“Almighty God, we humbly beseech thee to grant thy blessing upon the work of this Council. To direct and prosper its deliberations to the advancement of this City. And for the true and lasting welfare of the people of this Municipality. Amen”

2. RECEIPT OF APOLOGIES

3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING (ATTACHED)

3.1 Recommendation That the minutes of the previous Ordinary Council Meeting (AR13/1585) held on 29/01/2013 be adopted as a true & accurate record of proceedings.

4. BIRTHS

Rosie Folber Ruby Kitchin Phoenix Thouvenot Mya Burnett Tilly McDowell-Smith

5. CONDOLENCES

Baby Carol-Lee Coulthard-Wilton Petro Glinka Evan Lethbridge George Seeley Joy Watt Doris Mitchell Horrie Todd Shirley Wiseman Aaron Amos

6. MAYOR’S REPORT

6.1 To be tabled at the meeting

7. ELECTED MEMBERS REPORTS Nil

8. QUESTIONS ON NOTICE

Nil 9. QUESTIONS WITHOUT NOTICE 10. PETITION

Nil 11. NOTICE OF MOTION

Nil 12. KEY COMMITTEE/REFERENCE GROUP MINUTES

12.1 AR13/2706 - Recommendations of Operations Committee 11/02/2013 12.2 AR13/3435 - Recommendations of Strategic Management Committee

18/02/2013 12.3 AR13/1275 - Recommendations of Port Augusta Alcohol Management

Group 22/01/2013 12.4 AR12/26823 - Council’s Development Assessment Panel 27/11/2012 12.5 AR12/27962 – Council’s Development Assessment Panel 11/12/2012

AR13/3999 25/02/2013

13. REPORTS

13.1 AR13/2397 - Correspondence Items 13.2 AR13/4071 – Debenture No 231 – Capital Works Program 2012/2013

14. LEAVE OF ABSENCE 15. CONFIDENTIAL ITEMS Nil 16. CLOSE OF MEETING

GREG PERKIN CITY MANAGER

AR13/1585 29/01/2013

MINUTES OF PORT AUGUSTA CITY COUNCIL MEETING HELD ON TUESDAY 29 JANUARY 2013

PRESENT Acting Mayor, Cr P Greagen, Crs K McLean, P Solomon, F Paynter, T Mitchell, S Johnson, B Benbow, P Brown and L Lumsden.

OFFICERS PRESENT

City Manager, Mr G Perkin and Acting Executive Assistant, Mrs L Leonard.

GALLERY/MEDIA PRESENCE

Media - 1 Public - 5

The Acting Mayor declared the meeting open at 7pm. PRESENTATION OF ACADEMIC ACHIEVER AWARD

The Acting Mayor presented the 2012 Academic Achiever Award, certificate and trophy to Miss Georgia Holland. Miss Holland thanked Council for the recognition and provided a brief summary on her future studies before leaving the Chambers.

APOLOGY Crs Johnson/Paynter that the following apology be received:

Her Worship the Mayor, Mrs NJ Baluch AM CARRIED

MINUTES OF PREVIOUS MEETING/S

Crs Johnson/Lumsden that the minutes of the previous Ordinary Council Meeting (AR12/28737) held on 17/12/2012 be confirmed as a true & accurate record of proceedings. CARRIED

The City Manager read the opening prayer. BIRTHS The following births were acknowledged: Hayden Faggotter Jackson Frith-Bunder Ella Kirkham-Hilder Audry & Ida Ash Kage Kakahi Mitchell Dymmott CONDOLENCES Council stood in a moment’s silence as a mark of respect to the following: Sharon Rabig Justin Warren Noreen Bolam David Knight Heinz Link Hazel Nayda John Arbery Joe Gatt Tom Lomman Kurt Lehmann

AR13/1585 29/01/2013

-2- Irene Kruger Herbert Hall Clarrie Miller Kurtly Gaston MAYOR’S REPORT F13/147

Nil

QUESTION WITHOUT NOTICE F10/110

Cr Lumsden – enquired as to when an update will be provided on the Central Oval project, including plan inclusions/exclusions and costings.

The City Manager advised that Wallmans Lawyers will be holding a briefing with Elected Members on 13 February 2013 to answer questions associated with the contract. Tenders expected to be called for 5 February 2013, with costings being brought back to Council in early March 2013.


Cr McLean – enquired on Mayor Baluch’s well being.

The City Manager advised that Mayor Baluch was in good spirits when he had visited her in Adelaide over the weekend and that she expected to return to Port Augusta shortly after undergoing treatment.


Cr Johnson – asked if a public information session could be conducted at budget time to inform the public on the proposed budget.

The City Manager advised that as a part of the Budget process, the public do have an opportunity to attend a Budget meeting. He commented that as part of the process, documents outlining budget information could be conveyed and displayed at a public meeting and also via use of Council’s ‘Facebook’ media site.


Cr Johnson – highlighted an article in The Advertiser featuring GHD Consultancy, encouraging engineers to the region and enquired about making contact and networking with the company.

The City Manager advised that he had met with GHD Consultancy. QUESTION WITHOUT NOTICE F10/649

Cr Benbow – Asked if the flooding and fire concerns around the vegetation in the Stirling North drainage channel had been addressed.

The City Manager advised that growth had been checked, meeting regulations in regard to fire hazard. The Director Infrastructure & Environment is to prepare a report in relation to this matter.


Cr Brown – enquired when the draft of the Playspace Strategy will be actioned.

The City Manager advised that the consultant report needed to be reviewed and reformatted with a pragmatic strategy being provided to Council by council staff. The aim being to have an affordable strategy that can be implemented readily.


Cr Brown – asked if the Council could be proactive to achieve goals by gathering support from the Provincial Cities Association to challenge the lack of response being received from State Government departments.

The City Manager advised that more strength would be gathered by

moving a Notice of Motion by Resolution of Council for projects that are specific to our City.

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Cr Johnson – asked if financial documents for the Australian Arid Lands Botanic Garden could be placed in the Minutes of the AALBG Strategic Management Committee or in quarterly report of the Director, Corporate Services.

The City Manager advised that he would follow up to ensure this occurred. DRAFT PORT AUGUSTA ROAD MANAGEMENT PLAN AR13/175 F10/751

Crs Johnson/McLean that Council: 1. Responds to the Port Augusta Road Management Plan Draft in

Appendix 1 (AR12/5471) as follows:

1.1 Requests the State Government to liaise with the Commonwealth Government in undertaking the national economic and security issues surrounding a two lane bridge connection of the nation.

1.2 Requests the State and Commonwealth Governments to

determine an appropriate all-weather alternative/heavy vehicle road that provides security of access for the national and town traffic.

1.3 Requests the State and Commonwealth Government to

commit to timelines for the construction of the all-weather alternative/heavy vehicle road and to allocate necessary funds.

2. Advise the Premier of Western Australia, the Hon Colin Barnett, of

concerns this Council has with the lack of alternative access routes should the Joy Baluch Bridge be unusable and the impacts this would have on road transport travelling to/from WA.

3. DPTI be requested to ensure road patching and surface

refurbishments on Augusta Highway between Fulham Road and Carlton Parade result in a level surface to prevent the shacking and shuddering of houses and other buildings caused by large vehicles hitting uneven surfaces.

CARRIED 2012 ACADEMIC ACHIEVER AWARD AR13/230 F10/3486

Crs Johnson/McLean that Council: 1. Makes a presentation of the 2012 Academic Achiever Award of

$500 and trophy (from the Community Grants budget line) to Miss Georgia Holland at the full Council Meeting on 29 January 2012.

2. Includes Georgia Holland’s name on the “Academic Achiever Award

Honour Board”. CARRIED COMMUNITY GRANT APPLICATION – STORIES OF RESILIENCE – NEXUS MULTICULTURAL ARTS CENTRE AR13/347 F12/481

Crs Johnson/McLean that Council agrees to provide a Community Grant of up to $2300.00 (inc GST) to Nexus Multicultural Arts Centre for their Stories of Resilience project on the condition that grant funding is received from all funding bodies and the exhibition proceeds in Port Augusta at Urramunja Art Centre. CARRIED

AR13/1585 29/01/2013

-4- COUNCIL DEVELOPMENT ASSESSMENT PANEL – APPOINTMENT OF ELECTED MEMBERS AR12/28501 F10/233

Cr Lumsden/Cr Paynter that Council:

1. Refer the appointment of Elected Members to the Council Development Assessment Panel back to the Operations Committee with an assessment to also be made in regard to the number of Elected Members on the Panel and the procedures for appointment.

2. A revote to then be undertaken.

LOST

A DIVISION was called: The above resolution is set aside. Those voting in the affirmative, Cr Lumsden, Cr Paynter. Those voting in the negative, Crs Johnson, Mitchell, Brown, Benbow, McLean, Solomon. LOST

Crs Johnson/Mitchell that Council:

1. Appoints Crs Lumsden, Benbow & Mitchell to the Council

Development Assessment Panel for a period of 2 years, expiring in November 2014.

2. Arrangements be made for CDAP Training for the newly appointed

Elected Members as soon as possible.

CARRIED NOMINATIONS FOR LGA STATE EXECUTIVE REPRESENTATIVE AR12/29139 F10/560

Crs Johnson/McLean that Council nominates Cr Solomon for the position of Spencer Gulf Cities Association representative on the LGA State Executive Committee. CARRIED

DECLARATION OF DOG ON-LEASH & OFF-LEASH PARKS AR12/28114 F10/2209

Crs Johnson/McLean that Council: 1. Declares the parks listed below as having the following dog access

restrictions:

1.1 Redbanks Area (Beach) – Special Restrictions It is proposed to have the same restriction on this beach

area as for the Eastside and Westside Foreshore areas – dogs must be on-leash between 9:00am-8:00pm and off-leash at all other times. These provisions have been provided to ensure that the community have an opportunity to exercise and swim their dogs off-leash, however during the busy period of the day when higher numbers of community members may be using the area, dogs are required to be on-leash.

1.2 Civic Centre Building – On-Leash 1.3 Flinders Terrace Clubroom – Off-Leash (currently used by

Dog Obedience Club) 1.4 Westside Tennis Facilities – Off-Leash (future use proposed

by Dog Obedience Club)

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1.5 Back Beach Precinct – Moyes Street to Rupara Street –

Special Restrictions – same as for Redbanks Area above. 1.6 Keith Davis Memorial Playground – Johnson Avenue,

Stirling North – Prohibited. 1.7 Larkin Crescent (cliff area end of Edinburgh Terrace) – Off-

Leash 1.8 Willsden Cliff Area (Old RFDS Base to Larkin Crescent) –

On-Leash 1.9 Moseley Street Playground – On-Leash 2. Replaces Appendix A of the Animal Management Plan with the ‘Port

Augusta City Council – Dogs on Community Land’ list, as amended. 3. Notes the signage will be erected at each location with expenditure

coming from the Animal Management Plan implementation budget (Animal Control area).

CARRIED ADOPTION OF REVISED POLICIES – CODE OF CONDUCT ELECTED MEMBERS 1.1.01, PUBLIC CONSULTATION/ ENGAGEMENT 1.1.08, CUSTOMER FIRST SERVICE CHARTER 2.2.03 & NEW SOCIAL MEDIA 2.2.11 AR12/26435 F10/2082

Crs Johnson/McLean that Council: 1. Adopts the following policies as amended:

1.1 Code of Conduct – Elected Members 1.1.01 (subject to the

withdrawal of the first paragraph under section 4.8.6 – Social Media Activities; and the amending of the second paragraph to read as follows: “Elected Members are welcome to like the official PACC sites and official posts and they are permitted to comment and respond from a personal perspective regarding council on social media sites”.

1.2 Public Consultation/Engagement Policy 1.1.08 1.3 Customer First Service Charter 2.2.03

2. Notes that the revised draft Code of Conduct – Council Employees

has been forwarded to staff and various Industrial Associations for comment and a further report will be submitted to Council in early 2013 to enable consideration of any comments received as part of the review process of this Code.

3. Adopts the new Social Media Policy 2.2.11 (reflecting the changes

made to the Code of Conduct – Elected Members Policy 1.1.01 above).

4. Updates the Council website and policy manual to reflect the new

and revised versions of these policies. 5. Resolves that the Social Media Policy will be classified as an

‘Administration’ Policy in regard to future review processes and updates the Document Control Policy 2.4.05 to reflect this requirement.

CARRIED.

AR13/1585 29/01/2013

-6- INFORMATION REPORT – BUDGET COMPARISON STATEMENT FOR PE 31/12/2012 AR13/580 F10/96

Crs Johnson/McLean that Council receives and notes the report (AR13/580) dated 10/01/2013, submitted by the Director Corporate Services, concerning “Budget Comparison Statement for PE 31/12/2012”. CARRIED

NOTICE OF MOTION – CR LUMSDEN – EASTSIDE FORESHORE PLAGROUND AR13/982 F11/4187

Crs Mitchell/McLean that Council determines the costs associated with fencing and shading the Eastside foreshore playground so that these may be considered during 2014 budget deliberations. CARRIED

QUARTERLY REPORT – CITY MANAGEMENT PROGRAM OCT-DEC 2012 AR12/29160 F10/3453

Crs Mitchell/McLean that Council receives and notes the report (AR12/29160) dated 02/01/2013, submitted by the City Manager concerning “Quarterly Report – City Management Program Oct-Dec 2012”. CARRIED

QUARTERLY REPORT – CITY & CULTURAL SERVICES PROGRAM OCT-DEC 2012 AR12/29737 F10/3453

Crs Mitchell/McLean that Council receives and notes the report (AR12/29737) dated 03/01/2013, submitted by the Director City & Cultural Services, concerning “Quarterly Report – City & Cultural Services Program Oct-Dec 2012”. CARRIED

QUARTERLY REPORT – COMMUNITY SERVICES PROGRAM OC-DEC 2012 AR13/351 F10/3454

Crs Mitchell/McLean that Council receives and notes the report (AR13/351) dated 19/01/2013, submitted by the Director Community Services, concerning “Quarterly Report – Community Services Program Oct-Dec 2012”. CARRIED

QUARTERLY REPORT – INFRASTRUCTURE & ENVIRONMENT PROGRAM OCT-DEC 2012 AR13/579 F10/3456

Crs Mitchell/McLean that Council receives and notes the report (AR13/579) dated 11/01/2013, submitted by the Director Infrastructure & Environment, concerning “Quarterly Report – Infrastructure & Environment Program Oct –Dec 2012”. CARRIED

QUARTERLY REPORT – CORPORATE SERVICES PROGRAM OCT-DEC 2012 AR13/1151 F10/3455

Crs Mitchell/McLean that Council receives and notes the report (AR13/1151) dated 16/01/2013, submitted by the Director Corporate Services, concerning “Quarterly Report – Corporate Services Program Oct –Dec 2012”. CARRIED

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INFORMATION REPORT – BUSINESS OPERATING CONCERNS OF ‘MY CAR WASH’ AR13/253 F10/235

Crs Mitchell/McLean that Council receives and notes the report (AR13/253) dated 7 January 2013, submitted by the Community Planner, concerning “Information Report – Business Operating Concerns of My Car Wash”. CARRIED

AALBG STRATEGIC MANAGEMENT COMMITTEE MINUTES 14/12/2012 F12/459

Crs Lumsden/Paynter that Council receives and notes the Minutes of the Australian Arid Lands Botanic Garden Strategic Management Committee Meeting (AR13/8) held on 14 December 2012. CARRIED

PORT AUGUSTA ALCOHOL MANAGEMENT GROUP MINUTES 11/12/2012 F12/194

Crs Benbow/Brown that Council receives and notes the Minutes of the Port Augusta Alcohol Group Meeting #41 (AR12/27716) held on 11 December 2012. CARRIED

TOTAL CITY DRY AREAS F10/2226)

Crs Benbow/Brown that Council supports the renewal of the Total City Dry Areas under the existing regulations (Section 131 of the Liquor Licensing Act 1997) for a term of five (5) years. CARRIED

INFORMATION REPORT – CORRESPONDENCE ITEMS – COUNCIL MEETING 29/01/2013 AR13/111 F13/105

Crs Mitchell/Brown that Council receives and notes the report (AR13/111) dated 3 January 2013, submitted by the City Manager, concerning “Information Report – Correspondence Items – Council Meeting 29/01/2013”. CARRIED

LEAVE OF ABSENCE F11/3752

Crs Johnson/Paynter that Council receives and approves the leave of absence request from Her Worship the Mayor Mrs NJ Baluch AM for a period of two weeks (from 29 January 2013 up to and including 12 February 2013). CARRIED

The meeting was declared closed at 7.48pm.

CONFIRMED: Mayor _______________ Date _______________

AR13/2706 11/02/2013

MINUTES OF OPERATIONS COMMITTEE MEETING HELD ON MONDAY 11 FEBRUARY 2013

PRESENT Chairperson, S Johnson, Deputy Mayor, Cr P Greagen, Crs K McLean, P Solomon, F Paynter, T Mitchell, B Benbow, P Brown & L Lumsden.

OFFICERS PRESENT

City Manager, Mr G Perkin, Director Infrastructure & Environment, Mr H Hart, Director Community Services, Mrs A O’Reilly, Director City & Cultural Services, Mrs L Heron and Executive Assistant, Ms M Jenkins.


Media - 1

The Chairperson declared the meeting open at 5:30pm. APOLOGY Crs Greagen/Benbow that the following apology be received:

Director Corporate Services, Mr M Dunemann CARRIED

LEAVE OF ABSENCE Her Worship the Mayor, Mrs NJ Baluch AM MINUTES OF PREVIOUS MEETING

Crs Mitchell/McLean that the minutes of the previous Operations Committee Meeting (AR13/568) held on 14/01/2013 be confirmed as a true & accurate record of proceedings. (The recommendations from these minutes were endorsed by Council on 29/1/2013). CARRIED


Cr McLean – reported holes in the spoon drain adjacent the Telstra building and Creative Home Image and asked if repairs could be undertaken. Referred to the Director Infrastructure & Environment.


Cr Solomon – reported damaged tops on a number of Telstra pits and asked if the matter could be reported to either Telstra or NBN (whoever is responsible) to undertake the repairs. Referred to the Director Infrastructure & Environment. Cr Solomon to provide location details of the said damaged pits.


Cr Paynter – believed there may have been some illegal dumping at the levy bank site adjacent Tiver Street and asked if this could be investigated. Referred to the Director Infrastructure & Environment.


Cr Mitchell – commented on the removal of the ‘total city dry zone’ signage from the City entrances and asked why these signs had been removed. The City Manager advised that the signage was removed as part of the Port Augusta Now campaign whereby new signage is being designed to provide a more positive entry to our City. The ‘total city dry zone’ signage will be reviewed to ensure people are aware of the restrictions.


Cr Benbow – asked when the damaged hot mix section of roadway adjacent the Civic Centre (Mackay Street) is to be repaired. The Director Infrastructure & Environment advised that these repairs would be undertaken as part of the Road Reseal Program which will occur in late March/April 2013.

AR13/2706 11/02/2013

-2- QUESTION WITHOUT NOTICE F10/364

Cr Benbow – asked whether a number of staff could be thanked for their efficiency in logging and following up on a number of requests submitted by him and that they be commended for their efforts.


Cr Brown – asked whether there was a program in place to replenish the beach sand on the Eastside foreshore as the area of beach on the southern side of the jetty was harsh and rocky. The Director Infrastructure & Environment advised that there is no current program or budget for this work.


Cr Johnson – commented on the City of Whyalla’s beautification program and whether this could be an opportunity for Council to promote the use of our AridSmart plantings. The City Manager advised that he would discuss this matter with City of Whyalla’s CEO at a meeting with him next week.


Cr Johnson – followed up on his previous QWON (17/12/2012 - AR12/29208) asking if he could be provided with some statistical information on the OPAL Program since its operation and how effective the Program has been to date. The City Manager advised that he had referred the QWON to the OPAL Program Co-ordinator who would provide the details in the next quarterly report of the Director Corporate Services.


Cr Johnson – asked if a letter from Jodie Bailey, concerned parent of the Stirling North Primary School and long standing resident of the Stirling North Community, seeking a safe school crossing adjacent the School at Railway Station Road, could be investigated. Referred to the Director Infrastructure & Environment.

SUBMISSION TO THE SENATE COMMUNITY AFFAIRS COMMITTEE INQUIRY INTO THE IMPACTS OF AIR QUALITY ON HEALTH AR13/2393 F10/3169

Crs Lumsden/Paynter that Operations Committee recommends Council 1. Submits the submission in attachment 1 (AR13/2377) to this

report (AR13/2393) to the Senate Community Affairs Committee Inquiry into the Impacts of Air Quality on Health.

2. Writes to the Minister for Sustainability, Environment &

Conservation Hon Ian Hunter, requesting an explanation of the claims made by the Doctors for the Environment Australia in their report (DEA Particle Assessment Report for Port Augusta 2012) particularly in relation to the levels in PM10 which appears to be an annual breach of NEPM standards.

CARRIED

COMMUNITY GRANT APPLICATION – 2013 GEORGE COPLEY CHALLENGE OPEN WATER SWIM AR13/965 F12/481

Crs Mclean/Greagen that Operations Committee recommends Council agrees to provide a Community Grant of up to $650 towards hire of instructors and kayaks from the Port Augusta Outdoor Adventure Centre and also trips by Gulf Getaways to transport participants to the race start position on the condition that the event takes place, invoices are forwarded to Council for payment and a report on the event is received within 60 days of the event taking place.

CARRIED

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SALE OF COUNCIL OWNED RESIDENTIAL LAND – HURCOMBE CRESCENT & CHRISTOPHER STREET AR13/2044 F10/622

Crs Greagen/Mitchell that Operations Committee recommends Council: 1. Approves placing the following allotments on sale:

Allotment 9 in DP74495 CT5993/203 (Hurcombe Crescent) Allotment 10 in DP74495 CT5993/204 (Hurcombe Crescent) Allotment 11 in DP74495 CT5993/205 (Hurcombe Crescent) Allotment 61 in DP9635 CT5538/707 (Christopher Street)

2. Determines that as per Council Disposal of Land and Assets Policy

1.1.12, the above be placed on the open market for sale with different Real Estate Agents.

3. Approves obtaining an independent valuation to determine the

reserve price for the land. Following the receipt of the independent valuation, the City Manager or his representative is authorised to commence the sale process.

CARRIED DELEGATIONS OF AUTHORITY REVIEW – COMMUNITY TITLES ACT 1996, DEVELOPMENT ACT 1993 & WORK HEALTH & SAFETY ACT 2012 AR13/1971 F10/224

Crs Mitchell/Paynter that Operations Committee recommends Council: 1. Having undertaken a review of the City Manager’s delegations in

response to legislative amendments, as reported within the LGA Delegations Templates Circular 4.8, approval is granted for the following paragraphs to be amended within the City Manager’s delegations and subsequent sub-delegations to reflect those changes:

a) Community Titles Act 1996

1.2 Deliberately left blank.

Note: Endorsement of a scheme description must be in accordance with Regulation 45(2) of the Development Regulations 2000. See Instrument of Delegation under Development Act 1993 paragraph number 79.1 and 79.2.

b) Development Act 1993

1.1 Where an application is made for building rules consent for building work in the nature of an alteration to a building constructed before the date prescribed by regulation for the purposes of subsection 53A(1) of the Act, the power pursuant to Section 53A(1) of the Act to form the opinion that the building is unsafe, structurally unsound or in an unhealthy condition and therefore require as a condition of consent that building work that conforms with the requirements of the Building Rules be carried out to the extent reasonably necessary to ensure that the building is safe and conforms to proper structural and health standards.

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1.2 Where an application is made for building rules consent for building work in the nature of an alteration of a class prescribed by the Regulations the power pursuant to Section 53A(2) and subject to Section 53A(3) of the Act, to form the opinion that the affected part of the building does not comply with the performance requirements of the Building Code in relation to access to buildings and facilities and services within buildings, for people with disabilities and therefore require as a condition of consent that building work or other measures be carried out to the extent necessary to ensure that the affected part of the building will comply with those performance requirements of the Building Code.

2. Revokes its previous delegations to the City Manager of those

powers and functions under the Occupational Health Safety and Welfare Act 1986.

3. In exercise of the power contained in Section 44 of the Local

Government Act 1999 the powers and functions under the Work Health and Safety Act 2012 and specified in the proposed Instrument of Delegation contained in Attachment A and identified as Appendix 17 within the City Manager’s Delegations Register are hereby delegated this 25th day of February 2013 to the person occupying the office of City Manager subject to the conditions and/or limitations specified herein or in the Schedule of Conditions of the proposed Instrument of Delegation.

POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT

51. DETERMINATION OF WORK GROUPS

(1) The power pursuant to Section 51(1) of the Work Health and Safety Act 2012 (the Act), to, if a request is made under Section 50 of the Act, facilitate the determination of one or more work groups of workers.

52. Negotiations for agreement for work group

(1) The power pursuant to Section 52(1) of the Act, and in accordance with Sections 52(2), (3) and (6) of the Act, to determine a work group by negotiation and agreement with the workers who will form the work group or their representatives.

(4) The power pursuant to Section 52(4) of the Act to, in relation to an agreement concerning the determination of a work group or groups, at any time, negotiate a variation of the agreement in accordance with Section 52(6) of the Act.

54. Failure of negotiations

(1) The power pursuant to Section 54(1) of the Act to, if there is a failure of negotiations (including negotiations concerning the variation of an agreement), ask the regulator to appoint an inspector for the purposes of Section 54 of the Act.

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55. Determination of work groups of multiple businesses

(2) The power pursuant to Section 55(2) of the Act to determine the particulars of the work groups by negotiation and agreement, in accordance with Section 56 of the Act, between each of the persons conducting the businesses or undertakings and the workers.

(3) The power pursuant to Section 55(3) of the Act to, in relation to an agreement concerning the determination of a work group or groups, at any time, negotiate a variation of the agreement.

56. Negotiation of agreement for work groups of multiple businesses

(3) The power pursuant to Section 56(3) of the Act to, if agreement cannot be reached on a matter relating to the determination of a work group (or a variation of an agreement) within a reasonable time after negotiations commence under Subdivision 3 of Division 3, Part 5 of the Act, ask the regulator to appoint an inspector to assist the negotiations in relation to that matter.

58. Withdrawal from negotiations or agreement involving multiple businesses

(1) The power pursuant to Section 58(1) of the Act to, in relation to a negotiation for an agreement, or an agreement, concerning a work group under Subdivision 3 of Division 3, Part 5 of the Act, withdraw from the negotiation or agreement at any time by giving reasonable notice (in writing) to the other parties.

(2) The power pursuant to Section 58(2) of the Act to, if a party withdraws from an agreement concerning a work group under Subdivision 3 of Division 3, Part 5 of the Act, negotiate a variation to the agreement in accordance with Section 56 of the Act.

65. Disqualification of health and safety representatives

(1) The power pursuant to Section 65(1) of the Act, to make an application to the Senior Judge of the IRC for a review committee to disqualify a health and safety representative on the ground that the representative has:

(a) exercised a power or performed a function as a health and safety representative for an improper purpose; or

(b) used or disclosed any information he or she acquired as a health and safety representative for a purpose other than in connection with the role of health and safety representative,

where the Council is adversely affected by the exercise of a power or the performance of a function referred to in Section 65(1)(a) of the Act or the use or disclosure of information referred to in Section 65(1)(b) of the Act.

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70. General obligations of person conducting business or undertaking

(1) The power pursuant to Section 70(1) of the Act, to

(a) consult, so far as is reasonably practicable, on work health and safety matters with any health and safety representative for a work group of workers carrying out work for the Council; and

(b) confer with a health and safety representative for a work group, whenever reasonably requested by the representative, for the purpose of ensuring the health and safety of the workers in the work group; and

(c) allow any health and safety representative for the work group to have access to information that the Council has relating to:

(i) hazards (including associated risks) at the workplace affecting workers in the work group; and

(ii) the health and safety of the workers in the work group; and

(d) with the consent of a worker that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between the worker and:

(i) an inspector; or

(ii) the Council or the Council’s representative; and

(e) with the consent of one or more workers that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and:

(i) an inspector; or

(ii) the Council or the Council’s representative; and

(f) provide any resources, facilities and assistance to a health and safety representative for the work group that are reasonably necessary or prescribed by the regulations to enable the representative to exercise his or her powers or perform his or her functions under the Act.

(g) allow a person assisting a health and safety representative for the work group to have access to the workplace if that is necessary to enable the assistance to be provided; and

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(h) permit a health and safety representative for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works; and

(i) provide any other assistance to the health and safety representative for the work group that may be required by the regulations.

71. Exceptions for obligations under Section 70(1)

(5) The power pursuant to Section 71(5) of the Act to refuse on reasonable grounds to grant access to the workplace to a person assisting a health and safety representative for a work group.

72. Obligation to train health and safety representatives

(1) The power pursuant to Section 72(1) of the Act to, consult with a health and safety representative in relation to the health and safety representative attending a course of training in work health and safety that is subject to Section 72(6), chosen by the health and safety representative.

(3) The power pursuant to Section 72(3) of the Act to:

(a) as soon as practicable within the period of 3 months after the request is made, allow the health and safety representative time off work to attend the course of training; and

(b) pay the course fees and any other reasonable costs associated with the health and safety representative’s attendance at the course of training.

(6) The power pursuant to Section 72(6) of the Act to, if agreement cannot be reached between the Council or Council’s delegate and the health and safety representative within the time required by Section 72(3) of the Act as to the matters set out in Sections 72(1)(c) and (3) of the Act, ask the regulator to appoint an inspector to decide the matter.

73. Obligation to share costs if multiple businesses or undertakings

(1) The power pursuant to Section 73(1) of the Act to, if a health and safety representative, or deputy health and safety representative (if any), represents a work group of workers carrying out work for the Council and one or more other person conducting businesses or undertakings, agree that:

(a) the costs of the representative exercising powers and performing functions under the Act; and

(b) the costs referred to in Section 72(3)(b) of the Act,

for which the Council or any of the other persons conducting those businesses or undertakings are liable, are to be apportioned between each of those persons otherwise than equally.

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(2) The power pursuant to Section 73(2) of the Act, to vary an agreement to apportion the costs in another way, at any time by negotiation and agreement between each of the persons conducting the businesses or undertakings.

75. Health and safety committees

(2) The power pursuant to Section 75(2) of the Act to, establish a health and safety committee for the workplace or part of the workplace.

76. Constitution of committee

(1) The power pursuant to Section 76(1) of the Act and subject to Sections 76(2) to (4) of the Act, to agree the constitution of a health and safety committee with the workers at the workplace.

(5) The power pursuant to Section 76(5) of the Act to, if agreement is not reached under Section 76 within a reasonable time, ask the regulator to appoint an inspector to decide the matter.

82. Referral of issue to regulator for resolution by inspector

(2) The power pursuant to Section 82(2) of the Act to, ask the regulator to appoint an inspector to attend the workplace to assist in resolving the issue.

87. Alternative work

The power pursuant to Section 87 of the Act to, if a worker ceases work under Division 6, Part 5 of the Act, direct the worker to carry out suitable alternative work at the same or another workplace if that work is safe and appropriate for the worker to carry out until the worker can resume normal duties.

89. Request to regulator to appoint inspector to assist

The power pursuant to Section 89 of the Act to ask the regulator to appoint an inspector to attend the workplace to assist in resolving the issue arising in relation to the cessation of work.

100. Request for review of provisional improvement notice

(1) The power pursuant to Section 100(1) of the Act, to, within 7 days after a provisional improvement notice is issued to the Council or a worker who carries out work at the Council, ask the regulator to appoint an inspector to review the notice.

141. Application for assistance of inspector to resolve dispute

The power, pursuant to Section 141 of the Act, to, if a dispute arises about the exercise or purported exercise by a WHS entry permit holder of a right of entry under the Act, ask the regulator to appoint an inspector to attend the workplace to assist in resolving the dispute.

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142. Authorising authority may deal with a dispute about a right of entry under this Act

(4) The power pursuant to Section 142(4) of the Act to apply to the authorising authority to deal with a dispute where the dispute relates to the Council.

180. Return of seized things

(1) The power pursuant to Section 180(1) of the Act to, if a seized thing has not been forfeited, and the Council is the person entitled to the thing, apply to the regulator for the return of the thing after the end of 6 months after it was seized.

181. Access to seized things

(1) The power pursuant to Section 181(1) of the Act to, until a seized thing is forfeited or returned, inspect it and, if it is a document, to make copies of it at all reasonable times.

224. Application for internal review

(1) The power pursuant to Section 224(1) of the Act, to, where the Council is an eligible person in relation to a reviewable decision, other than a decision made by the regulator or a delegate of the regulator, apply to the regulator for review (an internal review) in accordance with Section 224(2) of the Act, of the decision within:

(a) the prescribed time after the day on which the decision first came to the Council’s notice; or

(b) such longer period as the regulator allows.

229. Application for external review

(1) The power pursuant to Section 229(1) of the Act, to, where the Council is an eligible person, apply to the Senior Judge of the IRC for review (an external review), in accordance with Section 229(2) of the Act, of:

(a) a reviewable decision made by the regulator; or

(b) a decision made, or taken to have been made, on an internal review.

4. Such powers and functions may be further delegated by the City

Manager as the City Manager sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Work Health and Safety Act 2012.

CARRIED The meeting was declared closed at 6:08pm.

AR13/3435 18/02/2013

MINUTES OF STRATEGIC MANAGEMENT COMMITTEE MEETING HELD ON MONDAY 18 FEBRUARY 2013

PRESENT Deputy Mayor, Cr P Greagen, Crs P Solomon, K McLean, F Paynter, S Johnson, B Benbow (entered 5:31pm), P Brown and L Lumsden.

OFFICERS PRESENT

City Manager, Mr G Perkin, Director Corporate Services, Mr M Dunemann, Director Infrastructure & Environment, Mr H Hart, Director City & Cultural Services, Mrs L Heron, Manager Environmental Health Services, Mr S Parsons and Executive Assistant, Ms M Jenkins.


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APPOINTMENT OF ACTING CHAIRPERSON

In the absence of the Chairperson, Cr Mitchell, the City Manager called for nominations for the position of Acting Chairperson. Cr Johnson nominated Cr Lumsden, who subsequently declined. Crs Greagen/McLean nominated Cr Paynter. There being no further nominations, Cr Paynter was elected to the position and assumed the Chair

Cr Benbow entered the meeting at 5:31pm. The Acting Chairperson Cr Paynter declared the meeting open at

5:31 pm. APOLOGIES Crs Greagen/Johnson that the following apologies be received:

Her Worship the Mayor, Mrs NJ Baluch AM Cr T Mitchell Director Community Services, Mrs A O’Reilly CARRIED

MINUTES OF PREVIOUS MEETING

Crs Brown/McLean that the Minutes of the previous Strategic Management Committee Meeting held on 21/01/2013 (AR13/1105) be confirmed as a true and accurate record of proceedings. (The recommendations from these minutes were endorsed by Council on 29/01/2013). CARRIED

PRESENTATION F10/2986

Annual Alinta Presentation – Augusta Power Stations Environment & Community Report (February 2013)

A presentation was provided by Greg McIntyre, Plant Manager – Augusta

Power Stations. Also in attendance were Kieron Smith (Specialist Environmental Services, Alinta Energy), Brad Williams (Manager Health, Safety, Security & Environment Power Generation) and Peter Smale (Health Safety & Security Environment Manager). Alinta Energy’s current employment levels are 188 permanents (which include 41 permanent recruitments in the past 6 months) and 35 labour hire employees.

A copy of the PowerPoint presentation is attached to the Minutes.

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The presentation concluded at 6:20pm and the presenters left the

meeting. The Manager Environmental Health Services also left the meeting at this time.


Cr Benbow – made reference to an article in the LGA News Issue 154 (Feb/March 2013) whereby a number of Councils had been selected for funding under round two of the LGA’s Solar Council Innovation Fund (resources under an agreement with ZEN Home Energy); and asked if we would be investigating future funding opportunities. The City Manager advised that he had not seen the article and would follow up on it.

NOTICE OF MOTION – WESTSIDE FORESHORE REDEVELOPMENT AR13/3204 F13/262

Crs Johnson/Brown that Strategic Management Committee recommends Council investigates options to continuing the Westside foreshore redevelopment on the land located between the Augusta Hotel and the Joy Baluch Bridge, with a potential stage one of the project utilising the excess lawn from the potential Central Oval Redevelopment to be placed at the Westside foreshore. CARRIED

NOTICE OF MOTION – SCHOOL CROSSINGS AR13/3404 F10/3027 F10/364

Crs Johnson/Benbow that Strategic Management Committee recommends Council 1. Investigates independent options and costings for the installation

of school crossing/s (pedestrian) for the Stirling North Primary School and the Port Augusta West Primary School in readiness for the 2013/2014 budget deliberations.

2. Undertakes costings to install new kerbing on the western side of

Railway Station Road, Stirling North, up to Coats Street. CARRIED

NOTICE OF MOTION – RATES/BUDGET INFORMATION SESSION AR13/3404 F12/567 F12/729

Crs Johnson/Benbow that Strategic Management Committee recommends Council commits to holding a rates information session to be determined sometime in April 2013. The purpose of such will be to outline the rates and budget information that is sometimes misunderstood and outline the detail to residents as presented to the Elected Members at budget time. Such shall include visual examples giving people a greater and easier understanding of the overall budget and rates collection and expenditure. CARRIED

NOTICE OF MOTION – STATE GOVERNMENT SUPPORT AR13/3352 F10/544

Crs Brown/Greagen that Strategic Management Committee recommends Council request the Provincial Cities Association to liaise with the Premier’s Department in establishing a protocol and timelines that State Government Departments should comply with in acknowledging and responding to formal correspondence from the Councils that are members of the Association. CARRIED

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PORT AUGUSTA BUSINESS CENTRE – ACTIVITIES BRIEFING REPORT 2009-2912 AR13/3329 F10/2225

Crs Johnson/Brown that Strategic Management Committee recommends Council acknowledges receipt of the Port Augusta Business Centre – Activities Briefing Report 2009-2012 (AR13/3350). CARRIED

DEPARTMENT FOR CORRECTIONAL SERVICES – OFF CENTRE WORK PROGRAM

The City Manager tabled a ‘Community Partnership Award’ trophy and two framed certificates presented to Council from the Department of Correctional Services for outstanding contribution and commitment to provide community work programs that assist prisoners’ reintegration into the community.

The meeting was declared closed at 6:56pm.

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F13/180 AR13/1275 22/01/2013

MINUTES OF PORT AUGUSTA ALCOHOL MANAGEMENT GROUP MEETING

HELD ON TUESDAY 22 JANUARY 2013

Meeting #42

PRESENT Lee Heron (PACC) Jo Newell (Manager – Community Harmony) – Chair Lisa Leonard (Admin – PACC) Yvonne Barker (FaHCSIA) Alwyn McKenzie (AARD-DPC) Sharon Platt (AARD-DPC) Cr Brett Benbow Rick Dadleh (DASSA - Day Centre) Lavinia Jackson (PAH) Maxine Patrick (Mission Australia) Kathryn Hollingworth (Mission Australia) Corey McKenzie (Aboriginal Community Engagement) Marie Williams (Community Member) Paul Elliott (Aboriginal Health Council) Nick Neville (Pika Wiya) Justin Mogridge (AFSS) APOLOGIES Jo Newell/Lisa Leonard moved that the following apologies be accepted: David Hayward (FaHCSIA) Sally Gilchrist (Youth Representative – OPAL) Bruno Carcuro (Housing SA) Chris Kennett (Housing SA) David Watts (DASSA) Tony Edmonds (City Safe) Ron Parry (Consumer & Business Services) Barry Rossiter (Red Cross) Clare Vandenbergh (Families SA – DECD) Karyn Reid (Community Member) Mark Davies (AHA Representative) Elaine Moosha (AFSS) CARRIED WELCOME The Chairperson Jo Newell declared the meeting open at 10:00am and

welcomed all who were present. MINUTES FROM PREVIOUS MEETING

Marie Williams/Corey McKenzie moved that minutes from previous meeting (11/12/12) be accepted.

CARRIED BUSINESS FROM PREVIOUS MINUTES

Drug & Alcohol Residential Rehabilitation Facility – Steering Committee

Jo Newell has prepared letter to the Board of Bungala Aboriginal Corporation requesting formal approval in writing for the potential use of the Emeroo site for the Residential Rehabilitation Facility project. Jo will hand deliver the letter 21/01/2013 to David Pearce and request a formal response as a matter of urgency. (Verbal approval received when the group met with David Pearce previously).

Safe Partying Information for ‘Facebook’ Lee Heron advised that Cherie Gerlach (Council’s Media Consultant) had

been asked to update Council’s ‘Facebook’ page and arrange to place a link on Council’s website on how to access ‘Safe Partying’ information.

Statistical Data Presentation Reporting agencies were again reminded to forward data for inclusion in

the presentation at the next meeting on 19 February 2013.

F13/180 AR13/1275 22/01/2013

- 2 - Davenport Community – Opinion on Renewal of Total City Dry

Zone Jo Newell confirmed that this will be addressed within the Urban and

Regional Strategy process. CORRESPONDENCE Jo Newell that the following correspondence is noted as received; 1. Letter from Department of Health and Ageing – Drug and Alcohol

Residential Rehabilitation Services in South Australia 2. Senate Community Affairs Committee – Answers to Budget

Estimates for Drug and Alcohol Rehabilitation Centre (provided by Rowan Ramsey MP)

CARRIED GENERAL BUSINESS Port Augusta Drug & Alcohol Residential Rehabilitation Facility Lee Heron advised that she had sought clarification from OATSIH of

correspondence received (Letter from Department of Health & Ageing, as above) regarding the tender process for the facility.

Lee advised OATSIH that the PAAMG understood that the $7M was

allocated to Port Augusta (announced as the preferred location in 2009) for the residential rehabilitation facility; The response:

That the funding was allocated to South Australia for substance misuse problems, with funding allocated to the northern region.

The new tender process will be called which includes broadening the scope of the site/location, service delivery and design of the facility.

Paul Elliott (Aboriginal Health Council, Adelaide) entered Council

Chambers at 10.15am. Jo Newell welcomed Paul Elliott to the meeting and Lee Heron gave a

brief recap on the history and correspondence received regarding the residential rehabilitation facility.

Various discussion took place outlining the continuing contact and

request for updates from the PAAMG to OATSIH and the urgency to act and reiterate the need for the facility to be located in the Port Augusta area. The information released by the Senate Community Affairs Committee suggested that the project had been delayed due to lack of access to a suitable site which is refuted by the PAAMG, as continuing effort to identifying a suitable site has been investigated and progressed by a ‘Steering Committee’ formed by the PAAMG. Another stated delay was in relation to the lack of a suitable service provider, which the group feels has been stonewalled by OATSIH with limited feedback and consultation being provided to service providers, the Port Augusta City Council and the community. NOTE: Mission Australia had placed an application within the previous tender but had received no feedback after continual requests to provide information about the missing elements/gaps in their application.

ACTION:

Lobby government to have the facility located at Port Augusta; 1. Prepare letter (through the Port Augusta City Manager) to

various Ministers and OATSIH; Federal Minister Health & Ageing, carbon copy the Premier, Minister for Aboriginal Affairs & Reconciliation, Minister for Health & Ageing and Federal Ministers also, Local MP Dan van Holst Pellekaan and Federal MP Rowan Ramsey. Lee Heron to prepare.

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2. Supporting documentation to include;

a) Groups which have met with OATSIH or government representatives regarding the project and reasons for these meetings

b) Details of meetings attended by Bridget Booth of OATSIH c) Phone conferences and other correspondence received in

relation to the project d) Letters of support from Aboriginal Health Council (Paul

Elliott), Aboriginal Community Engagement Group (Corey McKenzie), Board of Bungala Aboriginal Corporation for the use of Emeroo site (Jo Newell to obtain)

OTHER BUSINESS Barngala – Davenport Community Alwyn McKenzie raised concern of people (not necessarily locals) being

disruptive to the Davenport and Lakeview communities. Supported accommodation/housing/shelter or safe place is required to assist those with chronic alcohol problems.

Sharon Platt that these people need to be managed/monitored. NOTE: City Safe Patrol is assisting at present. ACTION: Special Meeting scheduled for 19th March 2013 to target

these issues in the Davenport area. Invites to be extended to Lakeview/Davenport community representatives and Manager Wami Kata.

NEXT MEETING Tuesday 19th February 2013, 10.30am at Port Augusta Civic

Centre (Council Chambers). NOTICE OF APOLOGY FOR NEXT MEETING: Marie Williams

Meeting closed at 11.16am.

F12/50 AR12/26823 27 November 2012

MINUTES OF PORT AUGUSTA CITY COUNCIL DEVELOPMENT ASSESSMENT PANEL

HELD ON 27 NOVEMBER 2012

Meeting #112

PRESENT Presiding Member Mr J Willcock, Cr S Johnson, Cr T Mitchell, Cr F Paynter & Mr J Veen.

OFFICERS PRESENT Mr G Perkin (City Manager), Mr T Pham (Community Planner), Mrs Y

Burns (Assistant Community Planner) and Lisa Flynn (Administrative Assistant)

GALLERY PRESENCE

Nick Heron (Development Officer – Building) Craig Dearlove (Port Augusta Be Active Field Officer)

The meeting was declared open at 5:30pm. APOLOGIES Mr C Cresp

Mr J White (late arrival) CONFIRMATION OF PREVIOUS MINUTES

Cr Mitchell/Mr Veen that the minutes of the previous Meeting #111 held on 14 August 2012 (AR12/17404) be received and noted as a true and accurate record of proceedings.

CARRIED 660/321/2011 PORT AUGUSTA CITY COUNCIL CENTRAL OVAL REDEVELOPMENT

76-98 FLINDERS TERRACE PORT AUGUSTA LOT: 501 DP: 45798 CR: 5421/328

The presiding member called for a mover and a seconder to receive and

note the report (660/321/2011) dated 1 November 2012, submitted by the Community Planner, concerning “Central Oval Redevelopment - 76-98 Flinders Terrace PORT AUGUSTA 5700”.

Cr Mitchell declared a conflict of interest in the application DA

660/321/2011 due to being a Councillor for the Port Augusta Council which is the applicant.

Mr J White entered the meeting at 5:38pm Cr Paynter declared a conflict of interest in the application DA


Cr Johnson declared a conflict of interest in the application DA


The Presiding Member and City Manager outlined that the planning

legislation identifies Council as the relevant authority and recognises that Council Development Assessment Panels would deal with Council applications. Legal advice also confirmed this as an appropriate process.

Cr Mitchell, Cr Paynter and Cr Johnson left the meeting at 5:57pm The meeting adjourned due to the lack of a quorum (5:57pm)

F12/50 AR12/26823 27 November 2012

Cr Mitchell, Cr Paynter and Cr Johnson returned to the meeting at

6:04pm. The meeting reconvened at this time due to a quorum being

present. GENERAL BUSINESS It was suggested that in the instance where a motion lapses due to want

of a quorum due to the majority of the members declaring a conflict of interest that the Panel suggests to Council that Council consider delegating the power to another body.

Mr White would like recorded that he perceives that the decision of the

three Council members on the Panel tonight may be setting an inappropriate precedent for future CDAP decisions of a similar nature.

Mr Veen commented that in this instance, where the panel can not form a

quorum to make a decision, there is no chance for the issues that himself and other members of the panel see with the proposal to be discussed.

Mr Veen raised the possibility of members of the panel being supplied

with larger plans in instances of large scale developments are on the agenda as he has trouble reading A4 plans.

The meeting was closed at 6:14pm.

F12/50 AR12/27962 11 December 2012

MINUTES OF PORT AUGUSTA CITY COUNCIL DEVELOPMENT ASSESSMENT PANEL

HELD ON 11 DECEMBER 2012

Meeting #113

PRESENT Presiding Member Mr J Willcock, Cr T Mitchell, Mr C Cresp, Mr J White & Mr J Veen.

OFFICERS PRESENT Mr G Perkin (City Manager), Mr T Pham (Community Planner), Mrs Y

Burns (Assistant Community Planner) and Lisa Flynn (Administrative Assistant)

GALLERY PRESENCE

Mr Michael Fairnington (Tagma Pty Ltd) Mr Alan McMahon (Ecomotel Pty Ltd)

The meeting was declared open at 5:30pm. APOLOGIES Cr Sam Johnson, Cr Fran Paynter CONFIRMATION OF PREVIOUS MINUTES

Mr White/Cr Mitchell that the minutes of the previous Meeting #112 held on 27 November 2012 (AR12/26823) be amended as follows:

1. In item 4.1 replace “The motion lapsed due to lack of a quorum” to

“The meeting adjourned due to the lack of a quorum (5:57pm)” 2. After noting that the Councillors re entered the meeting insert “The

meeting reconvened at this time due to a quorum being present.” CARRIED 660/161/2012 TAGMA PTY LTD (C/- DIRECTOR: MR T CLARK)

LAND DIVISION HARRIS STREET STIRLING NORTH LOT: 5 DP: 65715 CT: 5968/425

Cr Mitchell/Mr Cresp that the Council Development Assessment Panel

receives and notes the report (660/161/2012) dated 30 November 2012, submitted by the Community Planner, concerning “Land Division & Harris Street STIRLING NORTH 5710”.

CARRIED The application was declared open for discussion. Mr Fairnington, representative for Tagma Pty Ltd, answered

questions raised by the Panel. Cr Mitchell/Mr Cresp that the Council Development Assessment Panel

defers the application pending advice from a suitably qualified person regarding the stormwater retention and disposal issues for the site.

CARRIED

F12/50 AR12/27962 11 December 2012

660/238/2012 ECOMOTEL PTY LTD

MOTEL 47 EYRE HIGHWAY PORT AUGUSTA WEST LOT: 177, 178, 179 TP: 540201 CT: 5300/849, 5300/838, 5300/850

Cr Mitchell/Mr Cresp that the Council Development Assessment Panel

receives and notes the report (660/238/2012) 22 November 2012, submitted by the Community Planner, concerning “Motel at 47 Eyre Highway PORT AUGUSTA WEST 5700”.

CARRIED The application was declared open for discussion. Mr McMahon, representative for Ecomotel Pty Ltd, answered

questions raised by the Panel. Mr Veen/Mr Cresp that the Council Development Assessment Panel:- 1. Resolves that the proposed development is NOT SERIOUSLY at

variance with the Development Plan. 2. Grants Development Plan Consent subject to the following

conditions: 2.1 The proposed development shall be undertaken in

accordance with the following unless otherwise specified as a condition of consent or marked as obsolete:

Amended master plan stage 1 & stage 2 – dated

12/11/2012 Stage 1 plan Group 1 plan, group 2 & 3 plan and group 4 & 5

plan Elevations: group 1, 2, 3, 4, 5 & 6 Information submitted in the application.

2.2 All car parking and vehicle manoeuvring areas shall be

constructed using impervious material and conform to AS/NZS2890.1:2004 and AS2890.6:2009.

2.3 The northern crossover shall be a minimum of 6.0 metres

wide and have sufficient tapers to allow simultaneous ingress/egress movements without impeding the function and safety of Eyre Highway.

2.4 The obsolete crossovers on Eyre Highway shall be

reinstated to Council standard kerb and gutter at the applicant’s cost. This shall be undertaken prior to the occupation of the development.

2.5 The proposed signs may use LED lighting for internal

illumination of a light box only. 2.6 No element of LED or LCD display shall be included in the

design of signs visible from Eyre Highway. 2.7 The signs shall be limited to a low level of illumination so

as to minimise distraction to motorists. 2.8 The sign shall not contain any element that flashes, scrolls,

moves or changes. 2.9 The utilisation of Trailer Mounted Variable Message Display

for advertising shall not be used on or adjacent to the subject land.

F12/50 AR12/27962 11 December 2012

2.10 No stormwater from this development is permitted to

discharge on-surface to Eyre Highway. In addition, any existing drainage of the road shall be accommodated in the development and that any alterations to road drainage infrastructure as a result of this development are to be at the expense of the developer.

2.11 The landscaping shows in the amended site plan shall

consist of arid smart species and be established on an irrigation system, with such landscaping well maintained and any dead and diseased species replaced thereafter. The landscaping shall be completed within 3 months of the occupation of the development.

2.12 All debris and construction waste shall be carted off site

and directed to a licensed landfill facility in order to prevent detrimental impacts on the locality.

2.13 All reasonable and practicable measures shall be

undertaken to prevent or minimise dust nuisance. Option s that need to be considered for settlement of dust nuisance, due to the clearance of the said land/allotments, are, and is not limited to the below:

Fencing the area with shade cloth type material

approximately 1.0 metre in height; Have a water truck on call to settle the dust,

contact will need to be made with any water carting facilitator;

Plant rye grass type material on the dust related area.

2.14 Pursuant to Section 33(3) of the Development Act 1993,

the following matters are reserved for assessment prior to the granting of Development Consent:

A design for the Eyre Highway boundary fence

that complies with the Building Codes of Australia, Part 3.9.3 – Swimming Pool Safety Fence. This fence should also have form and composition that enhance the appearance of the land.

CARRIED GENERAL BUSINESS Cr Mitchell informed members of the Panel that the Council held a Special

Council Meeting on Monday 03/12/2012 in regard to the matter of delegated authority for the Central Oval Redevelopment. The resolution was as follows:

“Council pursuant to section 20 (2) (a) (ii) of the Development Act

delegates the power and function pursuant to section 33 of the Development Act to assess the Central Oval Development contained in application number 660/321/2011 against the provisions of the Development Plan and grant (with or without conditions) or refuse consent, to the Presiding Member of the Development Assessment Panel Mr Jason Willcocks.”

Mr Willcocks advised that he would be making a determination in the

coming weeks. Any members of the Panel who did not declare a conflict of interest in the project should feel free to discuss the proposal with him.

The meeting was closed at 6:20pm.

REPORT FOR: Council MEETING DATE: 25 February 2013 REPORT FROM: City Manager REPORT TITLE: Information Report - Correspondence Items – Council Meeting

25/02/2013 FILE NAME: F13/105 RECORD NO: AR13/2397 STRATEGIC PLAN SUB GOAL/S 6.1 A professional effective, efficient & customer focused organisation, responsive to

the needs of the community. PURPOSE To keep Elected Members informed of general correspondence items. RECOMMENDATION Council receives and notes the report (AR13/2397) dated 4 February 2013, submitted by the City Manager concerning “Information Report - Correspondence Items – Council Meeting 25/02/2013”. The following items of correspondence are attached for member’s information: 1. Letter from Graham Bull, President, Rotary Club of Port Augusta (AR13/1695),

attaching 2012 Pageant Acquittal. 2. Letter from Mayor Felicity-ann Lewis, President, Australian Local Government

Association (AR13/2351), re 2013 National General Assembly of Local Government – Call for Motions.

3. LGA of SA Circular 4.1 (AR13/1782) re LGA State Executive Committee Meeting –

24 January 2013. 4. Letter from Alan Morris, Regional Manager, Northern & Western Region,

Department of Planning, Transport & Infrastructure (AR13/3277) re Augusta Highway Road Lane Markings.

5. Letter from Felicity-ann Lewis, President, Australian Local Government

Association (AR13/3492), re possible referendum to recognise local government in the Constitution.

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6. Email from Wendy Campana, Chief Executive Officer/Returning Officer, Local Government Association of SA (AR13/3687) re LGA President and State Executive Committee – notification of nominations.

GREG PERKIN 04/02/2013

REPORT FOR: Council MEETING DATE: 25 February 2013 REPORT FROM: Director Corporate Services REPORT TITLE: Debenture No 231 – Capital Works Program 2012/2013 FILE NAME: F13/367 RECORD NO: AR13/4071 STRATEGIC PLAN SUB GOAL/S 6.2 Optimise the use & management of the council’s financial & physical resources. PURPOSE To provide loan funds for the 2012/2013 Capital Works Program as set out in the Budget Papers for 2012/2013. RECOMMENDATION Council: 1. Pursuant to the provisions contained within the Local Government Act (as

amended), the Corporation of the City of Port Augusta does hereby order that the said Council shall borrow the sum of $2,700,000 (Debenture No 231) by way of a credit foncier debenture loan over ten years from the Local Government Finance Authority of South Australia, for the purpose of: Providing funds for the Capital Works Program 2012/2013

3. Gives authority to the Acting Mayor Cr P Greagen and the City Manager Mr G.J.

Perkin to execute the Debenture on Council’s behalf. BACKGROUND Council supports the annual Capital Works Program component of its budget via debenture loan from the Local Government Finance Authority. For the 2012/2013 financial year, this loan is $2.7M, as set out in the Budget Papers on Page 6 (see attached extract). The loan will be settled on the 15 March 2013 and is for a period of 5 years with an indicative interest rate of 4.9%. CONFIDENTIALITY PROVISIONS N/A RISK MANAGEMENT 1: Financial/Budget N/A

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2: Legal N/A 3: Environment N/A 4: Community

4.1 General N/A

4.2 OPAL Program N/A MICHAEL DUNEMANN 21/02/2013

Treasury/Debt Servicing The use of loan funds has underpinned many of the major capital works projects undertaken by Council for well over 20 years. Over the last 15 years Council has used short term (5 year) loans to fund major projects and capital expenditure. Projects such as the Foreshore Development, Pichi Richi Railway, Nursing Home upgrades and road construction programs such as the Mackay Street upgrade have all been undertaken using loan funds. Longer term borrowing (15 years) has been used for projects such as the Nerrilda & Ramsay Village upgrades. These loans are typically self funding e.g. funds from Concessional Resident Supplements (Commonwealth funding) are used to repay the loans for the Nursing Home Upgrades. The strategic use of debt as a mechanism to fund major projects and the treatment of the repayment of that debt was reviewed by Council in 2007. Council’s current ratio for Debt Servicing as a percentage of General Rate Revenue is currently 24.47%. Council has previously looked to an upper limit of 30% for this ratio. The reliance on loan funding for capital works is set out in the Long Term Financial Plan and will be subject to review in each budget period. The annual repayments for principal and interest are set out in the Treasury Management section of the budget. It is proposed that in 2012/2013 there will be no repayment of principal for Debenture 223 or Debenture 226. These two Debentures will be retired from the proceeds of the major land sale that will be settled later in 2012. Loan details are set out below:-

No Details TAKEN % YEARS AMOUNT Bal 30.6.2012 Interest Principal Bal 30.6.2013

217 Effluent Reuse Scheme

15-Jan-04 6.65% 15 600,000 352,617 22,778 41,045 311,572

220 Nerrilda 15-Jun-06 6.70% 15 1,350,000 961,953 63,117 80,939 881,014

222 Ramsay Village 15-Jul-07 7.48% 10 1,300,000 830,419 59,781 127,153 703,266

223 Infrastructure 15-Jan-08 4.50% - 3,500,000 3,500,000 85,500 3,500,000

224 Infrastructure 15-Jan-09 4.35% 5 3,420,000 1,456,450 63,265 712,629 743,820

225 Infrastructure 15-Jan-10 6.11% - 3,700,000 2,352,033 132,616 737,326 1,614,707

226 Infrastructure 15-Jan-11 6.11% 5 3,850,000 3,175,231 194,888 2,455,889

228 Infrastructure 15-Jan-12 5.45% 5 2,000,000 2,000,000 104,185 358,179 1,641,821

229 Waste Water 15-Jan-12 5.10% 10 1,424,000 70,507 112,615 1,311,385

231 Infrastructure 15-Jan-13 5.45% 5 2,700,000 2,700,000

TOTALS 14,628,703 796,637 2,169,887 15,863,474

Documents

COUNCIL MEETING - City of Port Augusta 29/01/2013 MINUTES OF PORT AUGUSTA CITY COUNCIL MEETING HELD ON TUESDAY 29 JANUARY 2013 PRESENT Acting Mayor, Cr P Greagen, Crs K McLean, P Solomon,