AR12/23832 22/10/2012

COUNCIL MEETING AGENDA

Monday 22 October 2012 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

admin@portaugusta.sa.gov.au

www.portaugusta.sa.gov.au

AR12/23832 22/10/2012

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. MINUTES OF PREVIOUS MEETING/S (ATTACHED)

Recommendation That the minutes of the previous Ordinary Council Meeting (AR12/21342) held on 24/09/2012(including confidential section), be confirmed as a true & accurate record of proceedings.

4. BIRTHS

Scarlett Dale Jack & Kaylee-Jo Bejah Jack Edson Sarena Pollard Elijah Moore Faith Spencer Mason Burk

5. CONDOLENCES

Heather Douglas Jeanette Harbridge Marie Finlay Peter Fuller Hilton Grantham Robert Nowak Lorna Grantham Kenneth Williams Cyril Lindsay Werner Deckelmann Reginald Miller Jim McMahon Merle Weber Ronald Smyth

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 AR12/22646 - Recommendations of Operations Committee 08/10/2012 12.2 AR12/22232 – Alcohol Management Group 09/10/2012

AR12/23832 22/10/2012

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13. REPORTS

13.1 AR12/22907 – Delegations of Authority – Water Industry Act 2012 and Development Act 1993

13.2 AR12/23469 - Correspondence Items 14. LEAVE OF ABSENCE 15. CONFIDENTIAL REPORTS

15.1 AR12/23816 Confidential Order AR12/23783 Confidential Report – Request to Vary Agreement for Port

Augusta Airport Land – Contract for Sale and Purchase

16. CLOSE OF MEETING

GREG PERKIN CITY MANAGER

AR12/21342 24/09/2012

MINUTES OF PORT AUGUSTA CITY COUNCIL MEETING HELD ON MONDAY 24 SEPTEMBER 2012

PRESENT Her Worship the Mayor, Mrs NJ Baluch AM, 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 Executive Assistant, Ms M Jenkins.

GALLERY/MEDIA PRESENCE

Media - 1

Her Worship the Mayor declared the meeting open at 7:10pm and

the City Manager read the opening prayer. APOLOGY Crs McLean/Paynter that the following apology be received:

Deputy Mayor, Cr P Greagen CARRIED

MINUTES OF PREVIOUS MEETING/S

Crs Paynter/Benbow that the minutes of the previous Ordinary Council Meeting (AR12/18834) held on 27/08/2012 be confirmed as a true & accurate record of proceedings. CARRIED Crs Paynter/Benbow that hat the minutes of the previous Special Council Meeting (AR12/20209) held on 10/09/2012 (including confidential section), be confirmed as a true & accurate record of proceedings. CARRIED

BIRTHS The following births were acknowledged: Thomas Flannery Hayden Escott Sidney McLachlan Evie Hewett Desmond Oosthuizen Corey Eckert Kasia Hatch CONDOLENCES Council stood in a moment’s silence as a mark of respect to the following: David Harvey Melita Donnellan Monica Kosonen Sydney McHugh Ryan Penglase Baby Declan Brady

AR12/21342 24/09/2012

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Robin Freebairn Lorraine Dare Ronald Plant Alexander Watson Ricky Walsh-Elley MAYOR’S REPORT (F12/61)

Crs Lumsden/Paynter that Council receives and notes the report (AR12/21690) dated 24 September 2012 submitted by Her Worship the Mayor, Mrs N.J. Baluch AM, concerning “Mayoral Activities”. Mayor Baluch paid tribute to the involvement and efforts of Cr Lumsden at the Port Augusta Repower Community Rally held on 16/09/2012. CARRIED

QUESTION WITHOUT NOTICE (F10/2820)

Cr Brown – made reference to recent media coverage advising that grants are available from the SA Government for e-waste collection (televisions, computers & the electronic products); and asked if Council were going to investigate this opportunity. Referred to the Director Infrastructure & Environment for investigation.

QUESTION WITHOUT NOTICE (F11/3842)

Cr Benbow – asked if Members could be provided with a report containing feedback and an update on grants that have been sought by Council’s Consultant Tony Stacey. The City Manager advised that these details would be provided in an information report.

QUESTION WITHOUT NOTICE (F10/693)

Cr Benbow – asked when the retention dam project will be open. The City Manager advised that processes are going through the final phases with relevant Authorities. The Project Manager has advised that once the project has been signed off by the Health Department, water will be able to be used to irrigate ovals. When water becomes surplus to watering needs it will then be stored, which is expected to occur early next year (April/May).

QUESTION WITHOUT NOTICE (F12/1008)

Cr Paynter – advised of positive comments received on the ‘Port Augusta Now’ promotional commercials.

QUESTION WITHOUT NOTICE (F10/260)

Cr McLean – asked for an update on the DPA – Port Augusta West. The City Manager advised that the DPA process is complete. The Minister has delayed signing off on the DPA until the developer (Pat Cheetham) enters into an agreement with DPTI to fund road infrastructure that is required to be updated as part of his development. This will add additional time in achieving rezoning. Mr Perkin is meeting with Planning SA representatives and the developer in Adelaide on 28/09/2012 to discuss this matter and look at alternative processes. Due to the BHP Billiton announcement not to proceed with the Olympic Dam expansion and the unknown future market, the developer is keen to minimise his risks and to quicken the approval process.

INFORMATION REPORT – PROCEDURES AT MEETING REGULATIONS (F12/370)

Crs McLean/Mitchell that Council receives and notes the report (AR12/19228) dated 23 August 2012, submitted by the City Manager, concerning “Information Report – Procedures at Meeting Regulations”. CARRIED

AR12/21342 24/09/2012

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Crs McLean/Mitchell that Council be provided with a report regarding the

feasibility of the ability of a Member to participate (and vote) in a committee/council meeting by telephone or other electronic means. CARRIED

REVOCATION PROPOSAL – ALLOTMENT 406 IN DP 36572 IN CR5752/732 – OLD CROQUET CLUB – PUBLIC CONSULTATION (F11/3839)

Crs Brown/Lumsden that Council: 1. Receives and notes the report (AR12/16441) dated 31 August

2012, submitted by the Director City & Cultural Services, concerning “Revocation Proposal – Allotment 406 in DP 36572 in CR5752/732 – Old Croquet Club – Public Consultation”.

2. Allows a representative from the Port Augusta Dog Club to speak

to this proposal.

CARRIED Crs Brown/Lumsden that Council defers proceeding with the revocation proposal, subject to investigation of suitable available alternative sites/venues for the community groups (11) who currently utilise this facility. CARRIED

APPOINTMENT OF COUNCIL REPRESENTATIVE TO WAMI KATA OLD FOLKS HOME BOARD OF MANAGEMENT

Crs Brown/Lumsden that Council: 1. Receives and notes the report (AR12/19554) dated 30 August

2012, submitted by the City Manager, concerning “Appointment of Council Representative to the Wami Kata Old Folks Home Board of Management”.

(F10/3383) 2. Appoints Cr Phil Greagen as Council’s representative on the Wami Kata Old Folks Home Board of Management.

CARRIED ELECTIONS FOR THE POSITIONS OF REPRESENTATIVE MEMBERS OF THE LGFA OF SA BOARD OF TRUSTEES (F10/394)

Crs Brown/Lumsden that Council receives and notes the report (AR12/20569) dated 11 September 2012, submitted by the City Manager, concerning “Elections for the Positions of Representative Members of the LGFA of SA Board of Trustees”.

CARRIED

Crs Brown/Lumsden that Council casts its votes for the two vacancies to Linda Caruso and Robert Randall.

CARRIED INFORMATION REPORT – LOCAL EXCELLENCE EXPERT PANEL (F12/152)

Crs Brown/Lumsden that Council receives and notes the report (AR12/20625) dated 11 September 2012, submitted by the City Manager, concerning “Information Report – Local Excellence Expert Panel”. (The City Manager advised that the time frame for submissions has been extended until the end of October 2012 and he encouraged individual submissions). CARRIED

AR12/21342 24/09/2012

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INFORMATION REPORT – FOOTPATH UPGRADE WORKS 2012/13 (F10/3147)

Crs Brown/Lumsden that Council receives and notes the report (AR12/20656) dated 12 September 2012, submitted by the Director Infrastructure & Environment, concerning “Footpath Upgrade Works 2012/13”. CARRIED

APPLICATION FOR REBATE OF RATES –

Crs Greagen/McLean that Council:

AM & PW SEAGRIM (F12/702)

1. Receives and notes the report (AR12/20745) dated 13 September 2012, submitted by the Manager – Rates & Property, concerning “Application for Rebate of Rates – AM & PW Seagrim”

2. Resolves not to provide any additional rebate of rates on

assessments 3168, 3315 and 7309 owned by Messrs AM & PW Seagrim as significant rebate strategies have been implemented over a number of years to alleviate the rate impost on the land owned by them.

CARRIED PORT AUGUSTA ALCOHOL MANAGEMENT GROUP MINUTES 14/08/2012 (F12/194)

Crs Benbow/Paynter that Council receives and notes the Minutes of the Port Augusta Alcohol Group Meeting #39 (AR12/16747) held on 14 August 2012. CARRIED

CORRESPONDENCE ITEMS (F12/118)

Crs Mitchell/McLean that Council receives and notes the report (AR12/21278) dated 19 September 2012, submitted by the City Manager, concerning “Correspondence Items – Council Meeting 24/09/2012”, including the following tabled items:

LGA of SA Circular 38.3 (AR12/21585) – Extension to the deadline of written submissions to the Local Excellence Expert Panel.

Letter from Kristi Hayes, Awards Manager, Channel 9 Young

Achiever Awards (AR12/21566), advising that the Awards are now open. Nominations close on 20 November 2012.

CARRIED

RATING POLICY REVIEW (F12/729)

Crs Lumsden/Mitchell that Council receives and notes the report (AR12/21487) dated 20 September 2012, submitted by the Director Corporate Services, concerning “Rating Policy Review”. CARRIED

Crs McLean/Mitchell that Council: 1. Conducts a review of Council’s current Rating Policy (AR12/14396);

the review to be completed no later than 1 March 2013 and a report be presented to Council.

2. Forms a Working Party to conduct the review comprising: City Manager, G Perkin (Presiding) Cr B Benbow Cr S Johnson Representative from the RDA Far North

AR12/21342 24/09/2012

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Representative from Business Port Augusta Representative from Port Augusta Coastal Homes Association Director Corporate Services, M Dunemann Manager Rates & Property, P Robinson CARRIED CONFIDENTIAL ORDER – APPLICATION FOR REBATE OF RATES – AM & PW SEAGRIM (F12/702)

Crs Benbow/Lumsden that Council: 1. Orders (pursuant to the provisions of Section 90(2) of the Local

Government Act 1999), that the public, with the exception of the following Council Staff – City Manager Mr G Perkin & Executive Assistant Ms M Jenkins, be excluded from attendance at the meeting to discuss report AR12/20745 submitted by the Manager Rates & Property, concerning Application for Rebate of Rates – AM & PW Seagrim.

2. Is satisfied that, pursuant to Section 90(3)(a)of the Act, the

information to be received, discussed or consideration in relation to this Agenda Item is information relating to the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), being AM & PW Seagrim.

3. Is satisfied that the principle that the meeting be conducted in a

place open to the public has been outweighed in the circumstances because the disclosure of personal information pertaining to AM & PW Seagrim will be discussed.

4. That having considered report AR12/20745 in confidence under

Section 90(2) & 3(a) of the Local Government Act 199, the Council, pursuant to Section 91(7) of the Act orders that the report and discussions concerning “Application for Rebates of Rates – AM & PW Seagrim”, be retained in confidence until the matter is resolved by Council, and that this order be reviewed every 12 months (if the confidentiality period is longer than 12 months in duration).

CARRIED The confidential session commenced at 7:48pm The meeting was declared closed at 7:50pm.

CONFIRMED: Mayor _______________ Date _______________

AR12/22646 08/10/2012

MINUTES OF OPERATIONS COMMITTEE MEETING HELD ON MONDAY 8 OCTOBER 2012

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

OFFICERS PRESENT

Acting City Manager, Mr M Dunemann, Director City & Cultural Services, Mrs L Heron, Director Community Services, Mrs A O’Reilly (entered 5:30pm) and Executive Assistant, Ms M Jenkins.

GALLERY/MEDIA PRESENCE

Media - 1

The Chairperson declared the meeting open at 5:27pm. APOLOGIES Crs Johnson/Mitchell that the following apologies be received:

Her Worship the Mayor, Mrs NJ Baluch AM Deputy Mayor, Cr P Greagen City Manager, Mr G Perkin (Annual Leave) Director Infrastructure & Environment, Mr H Hart (Annual Leave) CARRIED

MINUTES OF PREVIOUS MEETING

Crs Johnson/Lumsden that the minutes of the previous Operations Committee Meeting (AR12/20170) held on 10/09/2012 be confirmed as a true & accurate record of proceedings. (The recommendations from these minutes were endorsed by Council on 24/09/2012). CARRIED

QUESTION WITHOUT NOTICE (F10/2387)

Cr Lumsden – commended the organisers for their efforts associated with the AridSmart Family Fun Day held on Saturday 6 October 2012 at the Australian Arid Lands Botanic Garden.

The Director Community Services, Mrs Anne O’Reilly entered the

meeting at 5:30pm. QUESTION WITHOUT NOTICE (F12/206)

Cr Lumsden – noted that representatives from the SA Village Lifestyle Group will be involved in the Positive Ageing Expo being held on 11 October 2012, and asked if Council Officers will be meeting with the representatives to discuss development opportunities within the City. The Director Community Services advised that she had talked briefly with representatives of the Lifestyle Group who are currently undertaking market research at this stage, but indicated that they have not received enough community interest to warrant further investigation. Having their presence at the Expo will be an opportunity for community members to raise their interest.

QUESTION WITHOUT NOTICE (F11/3856)

Cr Lumsden – asked if an invitation could be extended to BHP Billiton representatives to address Council and the community in regard to their future plans. Taken on Notice and referred to the City Manager.

QUESTION WITHOUT NOTICE (F10/362

Cr Brown – advised that he will raise the following matters with the Director Infrastructure & Environment when he returns from leave:

Cobbin Street extension – condition of roadway (email received from Matthew Zubrinich on 05/10/2012)

Quorn Road Railway Crossing – condition of the roadway in this vicinity.

AR12/22646 08/10/2012

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QUESTION WITHOUT NOTICE (F12/914)

Cr Benbow – advised that he had raised the issue of bus shelter funding opportunities (grants) on numerous occasions and to date Members have not been provided with a response on whether these grants have been accessed. Taken on Notice and referred to the Senior Technical Officer, Mr Brenton Daw.

QUESTION WITHOUT NOTICE (F10/362)

Cr Paynter – reported damaged footpath areas requiring urgent attention at the corner of the West Side Foodland Deli (raised concrete slabs) and in front of the Institute Theatre (2 sections) Customer Service Request lodged by Executive Assistant.

STREET NAMING SCHEDULE – MULTIPLE NAMES FOR INCLUSION (F10/2392 F10/654)

Crs Johnson/Mitchell that Operations Committee recommends Council: 1. Receives and notes the report (AR12/22436) dated 3 October

2012, submitted by the Director – City & Cultural Services, concerning “Street Naming Schedule – Multiple Names for Inclusion”

2. Adopts the names as listed below for inclusion within the Council’s

Street Naming Schedule: Magrath Brennan Omond

Hewitson Riddell Patterson Mullen Austin Wrigley Fawcett Neindorf Bollmeyer Bice Tottman Allanson

3. Updates the Street Naming Schedule accordingly. CARRIED COMMUNITY GRANT APPLICATION – EYRE PENINSULA REGIONAL GAMES – PORT AUGUSTA LITTLE ATHLETICS (F12/481)

Crs Paynter/Lumsden that Operations Committee recommends Council: 1. Receives and notes the report (AR12/15219) dated 13 July 2012,

submitted by the Contracts & Events Officer, concerning “Community Grant Application – Eyre Peninsula Regional Games – Port Augusta Little Athletics”.

2. Agrees to provide a Community Grant of $2000.00 (inc GST) to

Port Augusta Little Athletics to assist them in hosting the Eyre Peninsula Regional Games in March 2013, on the condition that the event goes ahead and a report giving full results is received by Council within 60 days of the event taking place.

CARRIED PORT AUGUSTA GUN CLUB INC – ENCROACHMENT OVER UNMADE PUBLIC ROAD – PROPOSED PERMIT FOR BUSINESS PURPOSES (F12/770)

Crs Mitchell/Brown that Operations Committee recommends Council receives and notes the report (AR12/14969) dated 2 October 2012 submitted by the Director – City & Cultural Services, concerning “Port Augusta Gun Club Inc – Encroachment over Unmade Public Road – Proposed Permit for Business Purpose”. CARRIED

AR12/22646 08/10/2012

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Crs Mitchell/Lumsden that Operations Committee recommends

Council: 1. Notes that nine (9) submissions were received during the public

consultation process, with six (6) objections being received. 2. Approves entering into a Permit for Business Purposes with the

Port Augusta Gun Club Inc, for the use of the building premises only, which is situated over a portion of Unmade Public Road, and is to be subject to the following conditions:

2.1 Road access is not restricted, so as not to deny access to

adjoining property owners. 2.2 No other building or infrastructure shall be erected in the

portion of land being “Unmade Public Road Reserve”. 2.3 Council may revoke this Permit should future economic

growth determine the need to change provisions of the “Unmade Public Road Reserve”.

CARRIED REVOCATION OF COMMUNITY LAND CLASSIFICATION – PARHAM CRESCENT – LOT 2 IN DP 12384 IN CT5538/682, VALUATION & DECLARATION OF PORT AUGUSTA AS RV FRIENDLY TOWN (F10/622

Crs Johnson/Solomon that Operations Committee recommends Council: 1. Receives and notes the report (AR12/14778) dated 2 October

2012, submitted by the Director – City & Cultural Services, concerning “Revocation of Community Land Classification – Parham Crescent – Lot 2 in DP 12384 in CT5538/682, Valuation & Declaration of Port Augusta as RV Friendly Town”.

2. Resolves to revoke the classification as community land applicable

to Allotment 2 in DP 12384 in Certificate of Title Volume 5538, Folio 682.

F12/439) 3. Declares that Allotment 2 in DP 12384 as described in Certificate of Title Volume 5538, Folio 682 is surplus to requirements.

4. Approves the City Manager commencing negotiations with the

Central Augusta Football and Sporting Club for the sale of Allotment 2 in DP 12384.

5. Following negotiations with Central Augusta Football and Sporting

Club a report be presented to Council, outlining the negotiations in relation to the sale price.

6. Resolves to declare Port Augusta a RV Friendly Town and approves

completing the Assessment Form and signing the Letter of Understanding once received from the Campervan Motorhome Club of Australia.

7. Places and advertisement in the Government Gazette

(AR12/14790) CARRIED The meeting was declared closed at 5:56pm.

F12/194 AR12/16747 14/08/2012

MINUTES OF PORT AUGUSTA ALCOHOL MANAGEMENT

GROUP MEETING HELD ON TUESDAY 9 OCTOBER 2012

Meeting #40

PRESENT Lee Heron (PACC) Tiffany Davies (Community Harmony) Lisa Leonard (Admin – PACC) Yvonne Barker (FaHCSIA) David Hayward (FaHCSIA) Alwyn McKenzie (AARD-DPC) Sharon Platt (AARD-DPC) Sally Gilchrist (Youth Representative – OPAL) Marie Williams (Community Member) Rick Dadleh (DASSA - Day Centre) Lavinia Jackson (PAH) Nancy Brougham (Des’s Cabs) Maxine Patrick (Mission Australia) Darrylin Brain (Mission Australia) APOLOGIES Tiffany Davies/Lee Heron moved that the following apologies be

accepted: Jo Newell (Manager – Community Harmony) – Chair Ian Feltus (SAPOL) Brenton Williams (DCS) Bruno Carcuro (Housing SA) Corey McKenzie (Aboriginal Community Engagement) Barry Rossiter (Red Cross) Mark Davies (AHA Representative) Clare Vandenbergh (Families SA) David Watts (DASSA) Tony Edmonds (City Safe) Cr Brett Benbow CARRIED WELCOME The Community Harmony Officer Tiffany Davies declared the meeting

open at 10.32am and welcomed all who were present. MINUTES FROM PREVIOUS MEETING

Tiffany Davies/Lee Heron moved that minutes from previous meeting (14/08/12) be held over for the next meeting due to those who attended not being present at this meeting.

CARRIED Rick Dadleh entered the room at 10.35am. BUSINESS FROM PREVIOUS MINUTES

Minutes to be confirmed at next PAAMG Meeting 04/12/2012.

CORRESPONDENCE Nil GENERAL BUSINESS Port Augusta Drug & Alcohol Residential Rehabilitation Facility Lee Heron advised that the successful service provider for the

Rehabilitation Facility had officially withdrawn from the project. It is unsure whether OATSIH will move forward with a second option as the service provider or if they will retender for the service.

Various questions were raised in regard to the $7M in funding which

was allocated for this project. NOTE: It is noted that advice received ensured that funding has been allocated for this project however the PAAMG can only surmise that fees accumulated during the tender process would be deducted from the allocated $7M in funding.

F12/194 AR12/16747 14/08/2012

- 2 - Drug & Alcohol Residential Rehabilitation Facility – Steering

Committee Alwyn McKenzie provided an update from the steering committee noting

that a group visit to Emeroo Station confirmed this to be a suitable site for the rehabilitation facility from the steering groups’ perspective. Based 15km from Port Augusta and partly removed from the community, it appears to be an option and worth pursuing.

Various discussion centred around the suitability of the Emeroo Station

site as an option with questions raised around current ownership of the property.

NOTE: Alwyn advised that the property is owned by Bungala Aboriginal

Corporation and was purchased through ATSIC for the benefit of aboriginal people in Port Augusta. It appears to be vacant and underutilised. It was agreed that the PAAMG be proactive in moving this project forward by investigating the best options locally for the project site.

ACTION: The Rehabilitation Facility Steering Committee to approach

Bungala and seek support in writing for use of the land at Emeroo Station for this project.

ACTION: Place the Rehabilitation Facility site and project as an

Agenda item for the next PAAMG Meeting (for when the Chairperson Jo Newell returns from leave). Jo and Lee Heron to seek an indication from OATSIH (Bridget Booth/Rachelle Wingard) on how the project is moving forward prior to the next meeting.

Continuation of Secure Taxi Rank Lee Heron outlined that a funding application for the service for this

financial year needs to be submitted with formal support of the PAAMG. A brief discussion took place outlining the benefits of the service, including the option to move it for specific events etc. It was agreed that Council should continue to apply for the specific funding for the Secure Taxi Rank.

The Port Augusta Alcohol Management Group recommends;

1. Funding request to support the on-going service of the Secure Taxi Rank be sought through the Consumer and Business Services (formerly OLGC).

CARRIED

ACTION: Lee Heron to forward request for funding to Consumer and Business Services.

Alcohol Management – Project Officer Position Tiffany Davies advised that her contract finishes at the end of October

and that the expected outcomes in the ‘Action Plan’ had been met. NOTE: Lee Heron, on behalf of the PAAMG thanked Tiffany for her

contribution and effort put into this role. It has been beneficial having Tiffany on board. Alwyn McKenzie commented on Tiffany’s contract, stating the position was valuable and the funding end for the position is a loss to the PAAMG.

F12/194 AR12/16747 14/08/2012

- 3 - GENERAL BUSINESS ACTION PLAN ITEMS Total City Dry Area Tiffany Davies and Lee Heron advised that the TCDA evaluation is to be

completed early in the new year with recommendation to go to Council for formal approval and then the application/submission is required to go to the Attorney General’s Department by August 2013.

Sharon Platt highlighted ongoing issues with SAPOL providing no

allowance or the ability to transport open bottles of spirits/alcohol to private functions. A discussion centred around the initial restrictions placed in the TCDZ Agreement and relaxation/on-going need or permanent requirement of some of these restrictions, and also the term of the agreement. NOTE: May be difficult to obtain correct picture of the effect of the TCDA regulations and unless funding is received to fully investigate, we will just be estimating the effects of the TCDZ Rules.

ACTION: TCDA Evaluation and TCDZ Rules to be placed as an Agenda

item for the next PAAMG meeting. ACTION: Administrative Assistant to contact SAPOL and City Safe rep

Tony Edmonds and advise that their attendance is strongly recommended in order to address TCDZ Rules in the renewal of the Agreement.

ACTION: Administrative Assistant to forward a copy of the previous

application for the TCDA (including conditions and recommendations), also copies of the ‘Living on Dry Ground’ and ‘Shifting Ground’ reports to the PAAMG prior to the next meeting. Representatives to provide questions or considerations for discussion at the next meeting in regard to the next submission of the TCDA.

NOTE: Invite a representative from Consumer and Business Services

to attend the December PAAMG meeting to provide insight into the TCDA Evaluation. ** Tiffany contacted CBS who outlined the requirements which are to be provided in the TCDA report. CBS advised that they do not involve themselves with any groups/Councils in regard to their Dry Zone requirements.

Liquor Licensing Accord Update & SAPOL Report SAPOL Apology for meeting – No report available. Clean Needle Program Tiffany Davies provided a brief overview of needle use and statistics as

requested from the last PAAMG meeting. Further details can be provided by SMS if required.

Safe Party Plan Tiffany Davies provided an update and feedback regarding the

Encounter Youth ‘Safe Partying’ seminars which took place at Port Augusta Secondary School which included representation from SAPOL, Encounter Youth and Tiffany; Very good response from participants and teachers with students being issued with wrist bands with ‘Safe Party Slogans’ printed on them. The Safe Party Slogans were the result of a competition which Tiffany had arranged.

NOTE: Safe Partying Seminar for parents will be held at the Institute

Theatre 24/10/2012, 6pm. Tiffany arranging advertising, posters etc.

F12/194 AR12/16747 14/08/2012

- 4 - Grant Funding Opportunities Tiffany Davies advised that there are no suitable funding options

available through the grants website. Statistical Data Presentation Agencies to be mindful that statistical data is to be presented in

February 2013 Urban & Regional Strategy Yvonne Barker and Rick Dadleh provided an update for the U&RS;

Aboriginal Community Engagement Group Meeting (ACEG) to be held tonight 9/10/2012. Local Action Agreement – Developed and presented to U&RS steering committee. Sub-groups have been formed to meet with stakeholders including service providers, education, SAPOL to achieve the goals set out within the ‘building blocks’ for ‘Closing the Gap’ program.

The next key steps are to address housing and learning areas. David Hayward (new Indigenous Coordination Centre Manager) advised

that ACEG were assisting with the Davenport Action Plan. An Economic Development Officer has been employed to assist Davenport Community Council to provide consultation and assistance with regard to infrastructure upgrades, land tenure, municipal services, leases and refurbishment. It is yet to be determined what responsibilities Davenport Community take from there.

U-Tube Video – ACEG have created this video outlining the Urban &

Regional Strategy and ACEG’s role in the strategy. Yvonne Barker has sent the link around.

Representatives on PAAMG Davenport have advised that representatives will attend future

meetings. Aboriginal Family Support Services currently without a manager and information is being forwarded to their Adelaide office.

GENERAL BUSINESS Homelessness Gateway Tiffany Davies supplied business cards with contact numbers for

distribution to promote the service. This 24 hour contact forms part of Housing SA’s service to assist the homeless.

NEXT MEETING Tuesday 4th December 2012, 10.30am at Australian Arid Lands

Botanic Garden Meeting Room. Meeting closed at 11.30am.

REPORT FOR: Council MEETING DATE: 22 October 2012 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Delegations of Authority – Water Industry Act 2012 and

Development Act 1993 FILE NAME: F10/224 RECORD NO: AR12/22907 STRATEGIC PLAN SUB GOAL/S 6.1 A professional effective, efficient & customer focused organisation, responsive to

the needs of the community. 1. PURPOSE The purpose of this report is to provide Elected Members with information in

regard to updates that have been made to the ‘Delegation Templates’ and other legislative changes and to approve delegated authority to the City Manager where appropriate.

2. RECOMMENDATION Council: 1. Receives and notes the report (AR12/22907) dated 8 October 2012,

submitted by the Director – City & Cultural Services concerning “Delegations of Authority – Water Industry Act 2012 and Development Act 1993”.

2. Delegations made under Water Industry Act 2012 2.1 Delegates the power contained in Section 19(1) of the Water

Industry Act 2012 to the City Manager to make application to the Essential Services Commission for the issue of a licence as a water industry entity, payment of applicable licence application fee pursuant to Section 19(2) and provide additional information as requested by the Essential Services Commission pursuant to Section 19(4).

2.2 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.

3. Delegations made under Development Act 1993

3.1 In exercise of the power contained in Section 20 and 34(23) of the Development Act 1993, the powers and functions under the Development Act 1993 and the Development Regulations 2008 as outlined below, are hereby delegated this 22 October 2012 to the person occupying the office of City Manager.

2 3.2 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 Development Act 1993.

3. BACKGROUND 3.1 Section 44 of the Local Government Act 1999 provides that a Council may

delegate powers or functions vested or conferred under the Local Government Act 1999, or any other Acts administered by the Council.

3.2 The Local Government Act also provides that the Chief Executive Officer

may sub-delegate a power or function that has been vested or conferred on him/her.

3.3 Council is required to keep a separate record of its delegations and sub-

delegations and these must be reviewed at least once in every financial year.

4. DISCUSSION 4.1 Water Industry Act 2012 The Local Government Association released Circular 38.16 on Thursday,

20 September 2012 advising that the Water Industry Act 2012 came into operation on 1 July 2012, however not all provisions commenced at that time.

Councils will pursuant to Section 91 of the Act, be required to submit a

water license application to Essential Services Commission of South Australia as a water industry entity.

Councils involvement as a water industry entity relates to the provision of

wastewater services through various forms of Community Wastewater Management Schemes, which were historically provided by the South Australian Engineering and Water Supply Department (E&WS) and subsequently SA Water under the Sewerage Act 1929.

From the early 1960s the State Government sought to encourage Councils

to construct a cheaper form of communal drainage in regional towns based on linking existing septic tanks. The then Local Government Act 1934 was amended to provide Councils with the necessary powers to construct and charge for these scheme. Councils were provided with financial subsidies and technical assistance to implement such schemes.

A licence application must be submitted to the ESCOSA by 31 October

2012 to enable consideration and subsequent approval processes to be completed by 1 January 2013. The LGA are also preparing a licence template to assist Councils in submitting a water license application to Essential Services Commission of South Australia (ESCOSA).

To ensure that Section 19 of the Act is complied with, Council will need to

delegate the City Manager with the necessary power to make application on behalf of Council for a licence as a water industry entity, including application fee and provide any relevant information as requested by the Essential Services Commission.

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.

3 4.2 Development Act 1993 The LGA released Circular 30.8 on 30 June 2012, outlining amendments

and additions to the Development Act 1993 delegations template. To ensure that the templates are up-to-date and accurate it is recommended that Council approve updating the templates within the City Manager’s Delegations Register as follows:

a) Clause 44A will be inserted into the Delegations Register however

these powers will remain with Council and will not be delegated to the City Manager.

44A Fire Safety – Not Delegated Remains with Council

44A.1 The power pursuant to Sections 71(18) and (19) of the Act to establish and designate a body as an appropriate authority.

44A.2 The power pursuant to Section 71(19)(a)(i) of the Act to appoint a person who holds prescribed qualifications in building surveying to the appropriate authority.

44A.3 The power pursuant to Section 71(19)(a)(ii) of the Act to determine if a person is to be nominated to the appropriate authority by the Chief Officer of the South Australian Metropolitan Fire Service or the Chief Officer of the South Australian Country Fire Service (after taking into account the nature of the Council or Council’s area(s)).

44A.4 The power pursuant to Section 71(19)(a)(iii) of the Act to appoint a person with expertise in the area of fire safety to the appropriate authority.

44A.5 The power pursuant to Section 71(19)(a)(iv) of the Act to determine and select a person to be appointed to the appropriate authority.

44A.6 The power pursuant to Section 71(19)(b) of the Act to determine the term of the office not exceeding three years of a member of the appropriate authority.

44A.7 The power pursuant to Section 71(19)(d) of the Act to appoint deputy members to the appropriate authority.

44A.8 The power pursuant to Section 71(19)(e) of the Act to determine the procedures of an appropriate authority.

b) The wording in Clause 58.7 be updated to include the white text

with black background wording as indicated below and Clause 58.8 is inserted as a new delegation to the City Manger.

58.7 The power pursuant to Regulation 15(11) and subject to

Regulation 15(12) of the Regulations, to, in an appropriate case, dispense with or modify the requirements of Schedule 5 in relation to a particular application.

58.8 The duty pursuant to Regulation 15(12) of the Regulations to not modify the requirements of Schedule 5 in relation to an application if the application is in relation to residential code development.

4 c) Clauses 59.3 and 59.4 are to be inserted as new delegations to the

City Manager.

59.3 The power pursuant to Regulation 16(3) of the Regulations to, if an application in relation to a proposed development identifies the development as residential code development or designated development, form the opinion that the development is residential code development and the duty to, within 5 business days of receipt of the application, by notice in writing, inform the applicant of that fact.

59.4 The power pursuant to Regulation 16(4) of the Regulations to, if an application in relation to a proposed development identifies the development as residential code development or designated development, form the opinion that the development is not residential code development and the duty to, within 5 business days of receipt of the application, by notice in writing, inform the applicant of that fact and the reasons for the Delegate’s opinion.

d) The wording in Clause 108 will be updated to include the white text

with black background wording as indicated below:

108 Schedule 4 – New Dwellings

108.1 The power pursuant to Clause 2B(4)(b) of Schedule 4 of the Regulations to form the belief that the allotment is, or may have been, subject to site contamination as a result of a previous use of the land or a previous activity on the land other than a previous use or activity for residential purposes.

e) 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 Development Act 1993.

5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget Not applicable. 6.2: Legal Section 44 of the Local Government Act 1999 provides that Council may delegate

a power or function vested or conferred under this or another Act. The delegation of powers or functions to Council Committees and staff provide for a more efficient and effective process in undertaking specific work practices when exercising those powers and functions.

It is important that delegations are made within a proper and legal framework, as

if this is not done, and a power or function is carried out by an officer of the Council who has not been correctly delegated with that particular power or function, the action could be challenged in a court of law.

6.3: Environment

5 Not applicable 6.4: Community

6.4.1 General

Pursuant to Section 44(7) of the Local Government Act 1999, the community can inspect a copy of the Delegations Register at the principal office of the Council during ordinary office hours, and may on payment of a fee fixed by Council, to an extract from the record of delegations.

6.4.2 OPAL Program Not applicable.

LEE HERON 08/10/2012

REPORT FOR: Council MEETING DATE: 22 October 2012 REPORT FROM: City Manager REPORT TITLE: Correspondence Items FILE NAME: F12/118 RECORD NO: AR12/23469 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 (AR12/23469) dated 15 October 2012, submitted by the City Manager concerning “Correspondence Items”. The following items of correspondence are attached for member’s information: 1. Letter from Mayor Michael Picton, City of Mitcham (AR12/22219) seeking the

support of Cr John Sanderson for a position on the Local Government Finance Authority Board. (Members will recall that at its meeting held on 24/09/2012 Council resolved to appoint Linda Caruso and Robert Randall)

2. Letter from Alex Smart (AR12/21949) extending compliments to the Australian

Arid Lands Botanic Garden and Staff. 3. Minutes of the Upper Spencer Gulf Common Purpose Group Meeting

(AR12/22105) held on 18/09/2012. 4. Letter from Premier Jay Weatherill and Hon Grace Portolesi, Minister for Education

and Child Development (AR12/22207), re Strategic Priorities, in particular the priority ‘Every Chance for Every Child’.

5. Letter from Ivan Broadbridge, Secretary/Manager of the Port Augusta & District

Greyhound Racing Club (AR12/22149), thanking Council for its sponsorship towards the Port Augusta Cup and providing an evaluation report on the event.

6. Letter from Genece Cavanagh, Project Manager, Christmas Party for Special

Children, thanking Council for its support towards the Christmas Party for Special Children.

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7. Email from the National Anti-Racism Partnership and Strategy Secretariat, Australian Human Rights Commission (AR12/22434), advising of the success of the launch of the National Anti-Racism Strategy and Anti-Racism Campaign – Racism.

8. Letter from Hon Warren Snowden MP, Minister for Veterans’ Affairs & Minister

Assisting the Prime Minister on the Centenary of Anzac (AR12/22401) re Anzac Day Commemorations at Gallipoli in 2015.

9. Letter from Dr Andrea Leigh, Senior Lecturer, Plant Ecology, University of

Technology Sydney (AR12/23183), thanking Council for the opportunity to undertake a research project at the Australian Arid Lands Botanic Garden.

10. Letter from Professor Mehdi Doroudi, Executive Director, Fisheries and

Aquaculture, Primary Industries and Regions SA (AR12/23386), re new Management Measures for Snapper Fishery.

11. Letter from Hon Patrick Conlon MP, A/Minister for Regional Development

(AR12/22218), responding to Council letter regarding the KPMG Upper Spencer Gulf Heavy Industry Hub Report.

12. Letter from Raymond Garrand, Chief Executive, Department of Further Education,

Employment, Science & Technology (AR12/22939), advising that TAFE SA will commence as a government-owned Statutory Corporation on 1 November 2012.

13. Royal Flying Doctor Service Annual Report 2011/2012. (Report placed in the

Public Library). GREG PERKIN 15/10/2012

CONFIDENTIAL ORDER

REPORT FOR: Council MEETING DATE: 22 October 2012 REPORT FROM: City Manager REPORT TITLE: Confidential Order – Request to Vary Agreement for Port

Augusta Airport Land – Contract for Sale and Purchase FILE NAME: F10/610 RECORD NO: AR12/23816 Under the provisions of Section 90 of the Local Government Act 1999, a meeting of a Council or Council Committee must be conducted in a place open to the public, unless: “…. the public be excluded from attendance at a meeting to the extent (and only to the extent) that the council or council committee considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence any information or matter listed in sub-section (3) (of the Act) ….”

Sub-section (3) of Section 90 then lists 13 areas or items for which the Council can issue “an order that the public be excluded from attendance at a portion of the meeting” to enable the matter to be considered in confidence. After the Council has determined the matter in confidence, an order can be issued to retain the confidentiality of the matter for a period of time. RECOMMENDATION Council: 1. Orders (pursuant to the provisions of Section 90(2) of the Local Government Act 1999),

that the public, with the exception of the following Council Staff – City Manager Mr G Perkin & Executive Assistant Ms M Jenkins be excluded from attendance at the meeting to discuss report AR12/23816 submitted by the City Manager, concerning “Request to Vary Agreement for Port Augusta Airport Land – Contract for Sale and Purchase”.

2. Is satisfied that, pursuant to Section 90(3)(d) of the Act, the information to be received,

discussed or considered in relation to this Agenda Item is commercial information of a confidential nature (not being a trade secret) the disclosure of which 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.

3. Is satisfied that the principle that the meeting be conducted in a place open to the public

has been outweighed in the circumstances because the disclosure of this information may result in a competitor receiving the information to the detriment of the developer.

4. That having considered report AR12/23783 in confidence under Section 90(2) & 3(d) of the

Local Government Act 199, the Council, pursuant to Section 91(7) of the Act orders that the report, discussions and minutes concerning this agenda item, be retained in confidence until lodgement of a formal development application, and that this order be reviewed every 12 months (if the confidentiality period is longer than 12 months in duration).

GREG PERKIN