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9.24.1 District Council of Robe | Minutes 10 April 2018 1 District Council of Robe MINUTES Minutes of the Ordinary Council Meeting held on 10 April 2018, commencing at 6.00pm at the District Council of Robe Chambers, Smillie Street Robe. ACKNOWLEDGEMENT Acknowledgement of Traditional Owners The District Council of Robe recognises this District’s considerable natural and cultural heritage, including thousands of years of traditional ownership by the Boandik people, and the more recent contribution from people either born here or who have migrated here. WELCOME Mayor Peter Riseley welcomed the Elected Members, Staff and Gallery. PRESENT Mayor Peter Riseley, Cr Harvey Nolan, Cr Lawrence Polomka, Cr Alison Nunan and Cr David Loxton. STAFF IN ATTENDANCE Chief Executive, Mr Roger Sweetman, Deputy Chief Executive, Mr Nick Brown, Works Operation Co-ordinator, Mr Trevor Hondow and Minute Secretary, Ms Anne-Marie Peters. APOLOGIES Cr Rino Dell’Antonio & Cr John Enright CONFLICT OF INTEREST Item 12.1.3 “Breach of the Elected Members Code of Conduct” Cr Nolan declared a perceived conflict of interest in Item 12.1.3 as he is a member named in the breach. Item 15 “Cr Loxton Questions on Notice” Mayor Riseley declared a potential perceived conflict of interest in Item 15 “Questions on Notice” as he is the subject of the information provided.

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9.24.1 District Council of Robe | Minutes 10 April 2018 1

District Council of Robe

MINUTES

Minutes of the Ordinary Council Meeting held on 10 April 2018, commencing at 6.00pm at the

District Council of Robe Chambers, Smillie Street Robe.

ACKNOWLEDGEMENT

Acknowledgement of Traditional Owners

The District Council of Robe recognises this District’s considerable

natural and cultural heritage, including thousands of years of traditional

ownership by the Boandik people, and the more recent contribution

from people either born here or who have migrated here.

WELCOME Mayor Peter Riseley welcomed the Elected Members, Staff and

Gallery.

PRESENT Mayor Peter Riseley, Cr Harvey Nolan, Cr Lawrence Polomka, Cr Alison

Nunan and Cr David Loxton.

STAFF IN ATTENDANCE

Chief Executive, Mr Roger Sweetman, Deputy Chief Executive, Mr Nick

Brown, Works Operation Co-ordinator, Mr Trevor Hondow and Minute

Secretary, Ms Anne-Marie Peters.

APOLOGIES Cr Rino Dell’Antonio & Cr John Enright

CONFLICT OF INTEREST

Item 12.1.3 “Breach of the Elected Members Code of Conduct”

Cr Nolan declared a perceived conflict of interest in Item 12.1.3 as he is a

member named in the breach.

Item 15 “Cr Loxton Questions on Notice”

Mayor Riseley declared a potential perceived conflict of interest in Item 15

“Questions on Notice” as he is the subject of the information provided.

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9.24.1 District Council of Robe | Minutes 10 April 2018 2

PUBLIC FORUM

Marcia Dening Wasson and Sheila Bramell

Marcia Dening Wasson and Sheila Bramell addressed Council on the formation

of a Community Garden.

Dr Geoff Wells

Dr Wells addressed Council on the condition of Douglas Dawson Track,

requesting that Council consider improvements to the track in the upcoming

budget.

Mr Stephen Phillips

Mr Phillips addressed Council voicing his opposition to the Foreshore Fence.

Mrs Binge Rivaz

Mrs Rivaz addressed Council expressing her opposition to the Foreshore Fence

and presenting correspondence to Council.

DEPUTATIONS/PETITIONS

MATTERS WHICH LAY ON THE TABLE

8.1 Public Lighting Foreshore Reserve Main Beach

Moved Cr Nolan

Seconded Cr Nunan

Resolved that item 8.1 “Public Lighting Foreshore Reserve Main Beach” continue to lay on the

table until the infrastructure development (sea wall, beach access and toilets) has been

completed. (440/2018)

Carried

8.2 Delegations

Moved Cr Polomka

Seconded Cr Nolan

Resolved that the District Council of Robe having considered Report No. 8.2. “Delegations”

and having conducted its annual review of the Council’s Delegations Register in accordance

with Section 44(6) of the Local Government Act 1999, the Council:

1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers

and functions under the following:

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1.1.1 Community Titles Act 1996

1.1.2 Development Act 1993 and Development Regulations 2008

1.1.3 Dog & Cat Management Act 1995

1.1.4 Environment Protection Act 1993 and Environment Protection (Waste to

Resources) Policy 2010

1.1.5 Expiation of Offences Act 1996 (with effect from 30 April 2018)

1.1.6 Fences Act 1975

1.1.7 Fire and Emergency Services Act 2005 and Fire and Emergency Services

Regulations 2005

1.1.8 Food Act 2001

1.1.9 Freedom of Information Act 1991

1.1.10 Housing Improvement Act 1940

1.1.11 Land & Business (Sale and Conveyancing) Act 1994

1.1.12 Liquor Licensing Act 1997

1.1.13 Local Government Act 1999

1.1.14 Natural Resources Management Act 2004, Natural Resources Management

(General) Regulations 2005 and Natural Resources Management (Transitional

Provisions - Levies) Regulations 2005

1.1.15 Roads (Opening & Closing) Act 1991

1.1.16 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and

Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations

2014

1.1.17 South Australian Public Health Act 2011 the South Australian Public Health

(Legionella) Regulations 2013, South Australian Public Health (Wastewater)

Regulations 2013 and South Australian Public Health (General) Regulations

2013

1.1.18 Supported Residential Facilities Act 1992

1.1.19 Unclaimed Goods Act 1987

1.1.20 Work Health and Safety Act 2012

1.1.21 Safe Drinking Water Act 2011

1.1.22 Water Industry Act 2012 and Water Industry Regulations 2012

1.1.23 Real Property Act 1886

1.1.24 Heavy Vehicle National Law (South Australia) Act 2013

1.1.25 Burial and Cremation Act 2013 and Burial and Cremation Regulations 2014

1.1.26 Electronic Conveyancing National Law (South Australia) Act 2013

1.1.27 Local Nuisance and Litter Control Act 2016 and Local Nuisance and Litter

Control Regulations 2017

1.2 Hereby revokes its previous delegations to its Development Assessment Panel under

the Development Act 1993 and Development Regulations 2008.

2. Delegations made under Local Government Act 1999

2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999

the powers and functions under the following Acts and specified in the proposed

Instruments of Delegation contained in Appendices 1-32 (each of which is individually

identified as indicated below) are hereby delegated this 20 of March 2018 to the

person occupying the office of Chief Executive Officer subject to the conditions and or

limitations specified herein or in the Schedule of Conditions in each such proposed

Instrument of Delegation.

2.1.1 Community Titles Act 1996 (Appendix 1)

2.1.2 Dog & Cat Management Act 1995 (Appendix 2)

2.1.3 Environment Protection Act 1993 and Environment Protection (Waste to

Resources) Policy 2010 (Appendix 3)

2.1.4 Expiation of Offences Act 1996 (with effect from 30 April 2018) (Appendix 4)

2.1.5 Fences Act 1975 (Appendix 5)

2.1.6 Fire and Emergency Services Act 2005 and Fire and Emergency Services

Regulations 2005 (Appendix 6)

2.1.7 Freedom of Information Act 1991 (Appendix 8)

2.1.8 Land & Business (Sale & Conveyancing) Act 1994 (Appendix 10)

2.1.9 Liquor Licensing Act 1997 (Appendix 11)

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2.1.10 Local Government Act 1999 (Appendix 12)

2.1.11 Natural Resources Management Act 2004, Natural Resources Management

(General) Regulations 2005 and Natural Resources Management (Transitional

Provisions - Levies) Regulations 2005 (Appendix 14)

2.1.12 Roads (Opening and Closing) Act 1991 (Appendix 20)

2.1.13 Work Health and Safety Act 2012 (Appendix 15)

2.1.14 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and

Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations

2014 (Appendix 17)

2.1.15 Unclaimed Goods Act 1987 (Appendix 22)

2.1.16 South Australian Public Health Act 2011, South Australian Public Health

(Legionella) Regulations 2013, South Australian Public Health (Wastewater)

Regulations 2013 and South Australian Public Health (General) Regulations

2013 (Appendix 16)

2.1.17 Safe Drinking Water Act 2011 (Appendix 27)

2.1.18 Water Industry Act 2012 and Water Industry Regulations 2012 (Appendix 26)

2.1.19 Real Property Act 1886 (Appendix 25)

2.1.20 Burial and Cremation Act 2013 and Burial and Cremation Regulations 2014

(Appendix 23)

2.1.21 Electronic Conveyancing National Law (South Australia) Act 2013 (Appendix

29)

2.1.22 Local Nuisance and Litter Control Act 2016 and Local Nuisance and Litter

Control Regulations 2017 (Appendix 30)

2.1.23 Planning, Development and Infrastructure Act 2016 (Annexure 32)

2.1.24 Fines Enforcement and Debt Recovery Act 2017 (with effect from 30 April 2018)

(Annexure 31).

2.2 Such powers and functions may be further delegated by the Chief Executive Officer in

accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief

Executive Officer otherwise indicated herein or in the Schedule of Conditions

contained in each such proposed Instrument of Delegation.

3. Delegations made under Development Act 1993

3.1 In exercise of the powers 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 contained in the proposed Instrument of Delegation

(annexed to the Report dated 20 March 2018 and entitled Delegations and marked

Appendix 18) (distributed under separate cover) are hereby delegated this 20th of

March 2018 to the person occupying the office of Chief Executive Officer, subject to

the conditions or limitations indicated herein or in the Schedule of Conditions

contained in the proposed Instrument of Delegation under the Development Act 1993.

3.2 Such powers and functions may be further delegated by the Chief Executive Officer as

the Chief Executive Officer 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.

3.3 In exercise of the powers 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 contained in the proposed Instrument of Delegation (annexed to the

Report dated 20 March 2018 and entitled Delegations) (distributed under separate

cover) and which are specified below are hereby delegated to the Council’s

Assessment Panel, subject to any conditions specified herein or in the Schedule of

Conditions contained in the proposed Instrument of Delegation under the

Development Act 1993.

4. Delegations made under Food Act 2001

4.1 In exercise of the powers contained in Section 91 of the Food Act 2001, the powers

and functions under the Food Act 2001 contained in the proposed Instrument of

Delegation (annexed to the Report dated 20 March 2018 and entitled Delegations and

marked Appendix 19) (distributed under separate cover) are hereby delegated this

20th of March 2018 to the person occupying the office of Chief Executive Officer (‘the

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9.24.1 District Council of Robe | Minutes 10 April 2018 5

head of the enforcement agency’ for the purposes of the Food Act 2001), subject to

the conditions or limitations indicated herein or in the Schedule of Conditions

contained in the proposed Instrument of Delegation under the Food Act 2001.

4.2 Such powers and functions may be further delegated by the Chief Executive Officer as

the Chief Executive Officer 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 Food Act 2001.

5. Delegations under Supported Residential Facilities Act 1992

5.1 In exercise of the power contained in Section 9 of the Supported Residential Facilities

Act 1992, the powers and functions under the Supported Residential Facilities Act 1992

contained in the proposed Instrument of Delegation (annexed to the Report dated 20

March 2018 and entitled Delegations and marked Appendix 21) (distributed under

separate cover) are hereby delegated this 20th of March 2018 to the person

occupying the office of Chief Executive Officer, subject to the conditions or limitations

indicated herein or in the Schedule of Conditions contained in the proposed

Instrument of Delegation under the Supported Residential Facilities Act 1992.

5.2 Such powers and functions may be further delegated by the Chief Executive Officer as

the Chief Executive Officer 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 Supported Residential Facilities Act 1992.

6. Authorisations and Subdelegation under the Road Traffic Act 1961

6.1 In accordance with the Instrument of General Approval and Delegation to Council

dated 22 August 2013 from the Minister for Transport and Infrastructure (the

‘Instrument’) the Council authorises the following person(s) pursuant to Clause A.7 of

the Instrument to endorse Traffic Impact Statements for the purposes of Clause A of the

Instrument provided that such person(s) shall take into account the matters specified

in Clause A.7 of the Instrument in respect of Traffic Impact Statements:

Not specified

6.2 In accordance with Clause A.7 of the Instrument, the Council is of the opinion that the

following person(s) is/are experienced traffic engineering practitioner(s) for the

purposes of preparing a Traffic Impact Statement as required by Clause A.7 of the

Instrument:

Not specified

6.3 In exercise of the power contained in, and in accordance with, Clause G.1 of the

Instrument, the power contained in Section 33(1) of the Road Traffic Act 1961 and

delegated to the Council pursuant to Clause G of the Instrument and contained in the

proposed Instrument of Subdelegation (annexed to the Report dated 20 March 2018

and entitled Delegations and marked Appendix 28) is hereby sub-delegated this 20th

of March 2018 to the person occupying the office of Chief Executive Officer of the

Council subject to:

(i) the conditions contained in the Instrument; and

(ii) any conditions contained in this Resolution or in the Instrument of

Subdelegation; and

(iii) the creation of a separate instrument in writing reflecting such subdelegation

under the Instrument and this Resolution.

6.4 In accordance with Clause E.2 of the Instrument, the Council is of the opinion that the

following person(s) has (have) an appropriate level of knowledge and expertise in the

preparation of traffic management Plans:

Not specified

7. Delegations under Safe Drinking Water Act 2011 (of enforcement agency)

7.1 In exercise of the power contained in Section 43 of the Safe Drinking Water Act 2011

the powers and functions of the Council as a relevant authority under the Safe Drinking

Water Act 2011 contained in the proposed Instrument of Delegation (annexed to the

Report dated 20 March 2018 and entitled Delegations and marked Appendix 27) are

hereby delegated this 20th of March 2018 to the person occupying the office of Chief

Executive Officer, subject to the conditions or limitations indicated herein or in the

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9.24.1 District Council of Robe | Minutes 10 April 2018 6

Schedule of Conditions contained in the proposed Instrument of Delegation under the

Safe Drinking Water Act 2011.

7.2 Such powers and functions may be further delegated by the Chief Executive Officer as

the Chief Executive Officer 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 Safe Drinking Water Act 2011.

8. Delegations under Fire and Emergency Services Act 2005 to a Fire Prevention Officer

8.1 In exercise of the power contained in Section 93 of the Fire and Emergency Services

Act 2005 the powers and functions under the Fire and Emergency Services Act 2005

contained in the proposed Instrument of Delegation (annexed to the Report dated 20

March 2018 and entitled Delegations and marked Appendix 7 (distributed under

separate cover) are hereby delegated this 20th day of March of 2018 to the person

appointed Fire Prevention Officer of the Council under the Fire and Emergency

Services Act 2005 subject to the conditions or limitations indicated herein or in the

Schedule of Conditions contained in the proposed Instrument of Delegation under the

Fire and Emergency Services Act 2005.

8.2 Such powers and functions may be further delegated by the Fire Prevention Officer as

the Fire Prevention Officer 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 Fire and Emergency Services Act 2005.

9. Delegations under the Heavy Vehicle National Law (South Australia) Act 2013

9.1 In exercise of the powers contained in Section 44 of the Local Government Act 1999

and Section 22B of the Heavy Vehicle National Law (South Australia) Act 2013 (as

relevant) the powers and functions under the Heavy Vehicle National Law (South

Australia) Act 2013 contained in the proposed Instrument of Delegation (annexed to

the Report dated 20 March 2018 and entitled Delegations and marked Appendix 24

(distributed under separate cover) are hereby delegated this 20th of March 2018 to the

person occupying the office of Chief Executive Officer, subject to the conditions or

limitations indicated herein or in the Schedule of Conditions contained in the

proposed Instrument of Delegation under the Heavy Vehicle National Law (South

Australia) Act 2013.

9.2 Such powers and functions may be further delegated by the Chief Executive Officer

as the Chief Executive Officer 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 Heavy Vehicle National Law (South Australia) Act 2013

(441/2018)

Carried

CONFIRMATION OF MINUTES

Cr Loxton has requested that the minutes of the meeting be amended in the following

manner:

(a) Cr Enright did not used the formal term “ point of order “ and therefore the minutes

should read Cr Enright interrupted the meeting, and

(b) Cr Polomka also interrupted the meeting,

(c) Cr Loxton called a point of order stating that Cr Enright and Polomka had no right to

interrupt the meeting.

Cr Polomka left the meeting at 6.38pm.

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9.24.1 District Council of Robe | Minutes 10 April 2018 7

Deputy Chief Executive, Nick Brown left the meeting at 6.39pm.

Deputy Chief Executive, Nick Brown entered the meeting at 6.40pm.

Moved Cr Loxton

Seconded Cr Nolan

That the minutes of the Council Meeting 20th March 2018 be amended by striking out

Cr Enright raised a point of order stating that Mr Bishop’s deputation be concluded due to

personal remarks being made about Council staff.

And replacing it with:

Cr Enright interrupted the meeting asking that that Mr Bishop’s deputation be concluded due

to personal remarks being made about Council staff.

And the inclusion of:

Cr Polomka interrupted the meeting supporting Cr Enright’s comments. Cr Loxton raised a

point of order stating that Cr Enright and Cr Polomka had no right to interrupt the meeting.

(442/2018)

Carried

Moved Cr Nolan

Seconded Cr Loxton

That the Council minutes page 7 of 20 March 2018 be amended by striking out:

“Cr Loxton declared a conflict of interest in item 12.1.3 and left the meeting at 6.54pm.

And replacing with:

Cr Loxton declared a conflict of interest in Item 12.1.3 and left the meeting after making a

statement on the subject at 6.58pm.” (443/2018)

Carried

9.1 Ordinary Council Minutes 20 March 2018

Moved Cr Nolan

Seconded Cr Loxton

Resolved that the minutes of the Ordinary Council Meeting held on 20 March 2018, with the

above amendments, be taken as read and confirmed as a true and accurate record of the

proceedings of that meeting. (444/2018)

Carried

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9.2 Confidential Council Minutes 20 March 2018

Moved Cr Loxton

Seconded Cr Nolan

Resolved that the minutes of the Confidential Council Meeting held on 20 March 2018 be

taken as read and confirmed as a true and accurate record of the proceedings of that

meeting. (445/2018)

Carried

MAYOR’S REPORT

SA Fire Services Memorial Day

Sunday 8th of April, I attended the memorial service in Naracoorte paying tribute to fallen Fire

Services personnel.

For those who have not had the opportunity to visit the memorial, it is located on the left

hand side reserve of the Robe, Naracoorte road just past the new roundabout.

Robe Easter Surf Classic 50 Year Milestone

A hearty congratulation to Steve, Sam and the team from the surf shop on reaching this

remarkable milestone.

The event was once again amazing with great conditions and a large turnout.

The nostalgia evening at the institute was well attended with remarkable stories and a host of

treasures from surfing history.

Dragon Boat Racing

Saturday April 7th Robe hosted Dragon boat racing on Lake Fellmongery. Conditions were

perfect and those assembled to observe enjoyed the spectacle, well done again Jamie

Aitken.

Climate Change: 1.5 Degrees C Is Closer Than We Imagine

The following is an article by David Spratt on 5th April 2018 from the Renew Economy.

PLEASE TAKE THE TIME TO READ IT.

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REPORTS OF ELECTED MEMBERS

Cr Loxton

Inspection of old cemetery wall restoration

Cr Harvey Nolan

Ordinary Council Meeting 20/3/2018

Elected Member Forum 3/4/2018

Mayor Peter Riseley

Ordinary Council Meeting 20/3/18

LCCAG Meeting 21/3/18

Elected Member Forum 3/4/18

Mediation Session with Cr Loxton & Frank Brennan 5/4/18

LCLGA Meeting at Millicent 6/4/18

SA Fire Servie Memorial Day 8/4/18

Ordinary Council Meeting 10/4/18

OFFICER’S REPORTS – Chief Executive Officer

12.1.1 Ombudsman Report Review of Council Provision of Information in

Accordance with a Freedom of Information Request Lodged by W Peden

(2017/11423)

Moved Cr Nolan

Seconded Cr Nunan

Resolved that the District Council of Robe having considered Report No 12.1.1 “Ombudsman

Report – Review of Council Provision of Information in Accordance with a Freedom of

Information Request Lodged by W Peden (2017/11423)”:

(1) Receive the Ombudsman’s Report, and

(2) Note that the determination of the Ombudsman stated:

a. I vary the agencies (Council’s) determination that the emails from Kelledy Jones

Lawyers to the agency (Council) dated the 19th April 2017, 21st April 2017 and 12

May 2017 are not exempt documents, and

b. The remainder of the documents in issue are exempt pursuant to clause 10(1) (of

the Freedom of Information Act). (446/2018)

Carried

12.1.2 Beach Access/Seawall Reconstruction Main Beach

Moved Cr Nolan

Seconded Cr Nunan

Resolved that the District Council of Robe having considered Report No 12.1.2 “Beach

Access/Seawall Reconstruction Main Beach” receive the report noting the amendment to

stage 2 of the project and the anticipated additional costs in providing rock for the project.

(447/2018)

Carried

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Moved Cr Nunan

Seconded Cr Loxton

That Item 12.1.3 “Breach of the Elected Members Code of Conduct” be deferred to the May

2018 Council Meeting, due to Council not having a quorum as Cr Nolan has to leave the

meeting as he has declared of conflict of interest. (448/2018)

Carried

12.1.4 Elected Member Forum April 2018

Moved Cr Loxton

Seconded Cr Nolan

Resolved that the District Council of Robe having considered the report No. 12.1.4 “Elected

Member Forum April 2018” schedule an Elected Member Forum for 24 April 2018

commencing 6.00 pm at the Council Chambers.

The Elected member Forum will be conducted in accordance with Council’s policy Procedure

for Informal Meetings of Elected Members.

The items for discussion at the meetings are:

Dominic Testoni from the LCLGA presenting 2018/19 Business Plan and Draft Budget

Fittings Toilet Block

Launching of Jet Ski’s

Robe Foreshore Fence Site Meeting

Site Meeting at Possible Community Garden

Rural Road Grading

Public Consultation for Budget Deliberations

(449/2018)

Carried

12.1.5 Native Title Claim – Limestone Coast

Moved Cr Nolan

Seconded Cr Loxton

Resolved that the District Council of Robe having considered Report No 12.1.5 “Native Title

Claim – Limestone Coast” receive the report. (450/2018)

Carried

Deputy Chief Executive, Nick Brown left the meeting at 7.06pm.

Deputy Chief Executive, Nick Brown entered the meeting at 7.07pm.

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12.1.6 Upgrade Douglas Dawson Track

Moved Cr Loxton

Seconded Cr Nolan

Resolved that the District Council of Robe having considered Report No 12.1.6 “Upgrade

Douglas Dawson Track” consider the road survey and design as part of the draft 2018-2019

Annual Business Plan and Budget. (451/2018)

Carried

12.1.7 Ombudsman Report – Investigation into Road Closure Process Sea Vu

Caravan Park/Wrattonbully Road requested by W Peden (2017/11736)

Moved Cr Loxton

Seconded Cr Nunan

Resolved that the District Council of Robe having considered Report No 12.1.7 “Ombudsman

Report – Investigation into Road Closure Process Sea Vu Caravan Park/Wrattonbully Road

requested by W Peden (2017/11736)”:

(a) Receive the report,

(b) Note that in Council’s management of the road closure process the Ombudsman has

noted that “it does not appear to me that Council has acted in any way that may

possibly be unlawful, unreasonable or wrong within the meaning of the Ombudsman’s

Act”, and

(c) I have considered the matters you have raised but, in all circumstances, I do not

consider the matters you raise create a reasonable suspicion that Mr. Sweetman has

committed maladministration in public administration requiring that I report it to the

Independent Commissioner Against Corruption. (452/2018)

Carried

12.1.8 Information Report

Moved Cr Nolan

Seconded Cr Nunan

Resolved that the District Council of Robe having considered Report No 12.1.8 “Information

Report” receives the report. (453/2018)

Carried

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9.24.1 District Council of Robe | Minutes 10 April 2018 17

OFFICER’S REPORTS – Deputy Chief Executive Officer

12.2.1 Robe Foreshore Event

Moved Cr Nunan

Seconded Cr Nolan

Resolved that the District Council of Robe having considered Report No 12.2.1 “Robe

Foreshore Event”:

Decline the permit for a night market foreshore event on Friday 28 December

2018, but Council, the Robe Tourism Association and Koonara Coonawarra wines

work together to find a more suitable date for the Event. (454/2018)

Carried

Chief Executive, Roger Sweetman left the meeting at 7.20pm.

Chief Executive, Roger Sweetman entered the meeting at 7.21pm.

12.2.2 Community Garden

Moved Cr Nunan

Seconded Cr Loxton

Resolved that the District Council of Robe having considered Report No. 12.2.2 “Community

Garden” approves the concept of a Community Garden on land at the rear of the Jenny

Matthews Playground and requests further information from the Robe Community Garden

Group regarding the Council support required to establish the Community Garden and the

ongoing maintenance costs. (455/2018)

12.2.3 Dog Registration Fee Schedule 2018-2019

Moved Cr Nolan

Seconded Cr Nunan

Resolved that the District Council of Robe having considered Report No. 12.2.3 “Dog

Registration Fee Schedule 2018-2019” approves the proposed Dog Registration Fee Schedule

2018-2019:

Description Fees 2018/19

Non-Standard $55.00

Standard (microchipped & De-sexed) $27.50

Concession $27.50

Concession (microchipped & De-sexed) $13.75

Working (as defined under the Act) $14.00

Greyhound (reg with SA Dog Racing Control

Board)

$14.00

Assistance Dog No Fee

Transfer from another Council $10.50

Replacement Disc $10.50

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9.24.1 District Council of Robe | Minutes 10 April 2018 18

Late Fee $13.50

Business Fee $107.00

Impounding $48.00

Daily Fee $14.00

Part Year Registration (after 1 January) 50%

and approves the above concessions to the following concession card holders:

DVA “Gold” Card

DVA “White” Card

Pensioner Card

Senior Health Card

Health Card (456/2018)

Carried

OFFICER’S REPORTS – Works Operation Co-Ordinator

12.3.1 Works Report March 2018

Moved Cr Nunan

Seconded Cr Loxton

Resolved that the District Council of Robe having considered Report 12.3.1 “Works Report

March 2018” be received. (457/2018)

Carried

OFFICER’S REPORTS – Finance Officer

12.4.1 Finance Report March 2018

Moved Cr Nunan

Seconded Cr Loxton

Resolved that the District Council of Robe having considered Report 12.4.1 “Finance Report

March 2018” be received. (458/2018)

Carried

12.4.2 Monthly Marina Report March 2018

Moved Cr Nolan

Seconded Cr Loxton

Resolved that the District Council of Robe having considered Report 12.4.2 “Monthly Marina

Report March 2018” be received. (459/2018)

Carried

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9.24.1 District Council of Robe | Minutes 10 April 2018 19

12.5.1 CCOWS Report March 2018

Moved Cr Nunan

Seconded Cr Loxton

Resolved that the District Council of Robe having considered Report 12.5.1 “CCOWS Report

March 2018” be received. (460/2018)

Carried

CORRESPONDENCE

Moved Cr Nolan

Seconded Cr Nunan

Resolved that correspondence item No.13.1 to 13.4 be received en mass. (461/2018)

Carried

NOTICES OF MOTION/MOTIONS WITHOUT NOTICE

Nil

QUESTIONS ON NOTICE/QUESTIONS WITHOUT NOTICE

Moved Cr Nunan

Seconded Cr Nolan

That Item 15 “Cr Loxton – Questions on Notice” be deferred to the May 2018 Council Meeting,

due to Council not having a quorum as Mayor Riseley has to leave the meeting as he has

declared of conflict of interest. (462/2018)

COUNCIL COMMITTEE & ADVISORY GROUP MINUTES

Moved Cr Loxton

Seconded Cr Nunan

Resolved that the District Council of Robe receive the minutes of CAP 20 March 2018.

(463/2018)

Carried

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9.24.1 District Council of Robe | Minutes 10 April 2018 20

REPORTS OF ASSOCIATED BODIES

Nil

CONFIDENTIAL ITEMS

19.1 Robe Cemetery Niche Wall Tender

Moved Cr Loxton

Seconded Cr Nunan

That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council orders

the public to be excluded, with the exception of the Chief Executive, Deputy Chief Executive,

Works Operation Co-Ordinator and Minute Secretary being present on the basis that it will

receive, discuss and consider information relating to report number 19.1 titled “Robe

Cemetery Niche Wall Tender” and that the Council is satisfied pursuant to Section 83(5) of the

Act with the principal that the meeting should be conducted in a place open to the public

has been outweighed in relation to this matter by the need to keep the discussion, report and

supporting documentation confidential on the following basis; Section 90(3)(k)

Tenders for the supply of goods the provision of services or the carrying out of

works (464/2018)

Carried

Moved Cr Nolan

Seconded Cr Nunan

Resolved that having considered the report 19.1 titled “Robe Cemetery Niche Wall Tender” in

confidence under Section 90(2) and (3)(k) of the Local Government Act 1999, the Council,

pursuant to Section 91(7) of the Act orders that the documents and related Council reports,

including the minutes of the Council relating to the discussion of the subject matter of that be

retained in confidence until the contract has been entered into by all parties. (465/2018)

Carried

Moved Cr Nunan

Seconded Cr Loxton

Resolved that having considered the report 19.1 titled “Robe Cemetery Niche Wall Tender”

approves the tender from Graham & Julie Reilly for the construction of the Robe Cemetery

Niche Wall subject to satisfying Council’s contractor and work, health & safety requirements

and subject to finalisation of the location of the niche wall. (466/2018)

Carried

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9.24.1 District Council of Robe | Minutes 10 April 2018 21

19.2 Engineered Water Solutions Pty Ltd

Moved Cr Nolan

Seconded Cr Nunan

That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council orders

the public to be excluded, with the exception of the Chief Executive, Deputy Chief Executive,

Works Operation Co-Ordinator and Minute Secretary being present on the basis that it will

receive, discuss and consider information relating to report number 19.2 titled “Engineered

Water Solutions Pty Ltd” and that the Council is satisfied pursuant to Section 83(5) of the Act

with the principal that the meeting should be conducted in a place open to the public has

been outweighed in relation to this matter by the need to keep the discussion, report and

supporting documentation confidential on the following basis; Section 90(3)(b)

Information the disclosure of which – (i) could reasonably be expected to confer a

commercial advantage on a person with whom the council is conducting, or

proposing to conduct, business, or to prejudice the commercial position of the

council; and (ii) would, on balance, be contrary to the public interest (467/2018)

Carried

Moved Cr Nunan

Seconded Cr Nolan

Resolved that having considered the report 19.2 titled “Engineered Water Solutions Pty Ltd” in

confidence under Section 90(2) and (3)(b) of the Local Government Act 1999, the Council,

pursuant to Section 91(7) of the Act orders that the documents and related Council reports

and all Minutes of Confidential Meeting held on 10 April 2018 be retained in confidence for a

period of 12 months. (469/2018)

Carried

19.3 Truck Tender

Moved Cr Loxton

Seconded Cr Nolan

That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council orders

the public to be excluded, with the exception of the Chief Executive, Deputy Chief Executive,

Works Operation Co-Ordinator and Minute Secretary being present on the basis that it will

receive, discuss and consider information relating to report number 19.3 titled “Truck Tender”

and that the Council is satisfied pursuant to Section 83(5) of the Act with the principal that the

meeting should be conducted in a place open to the public has been outweighed in relation

to this matter by the need to keep the discussion, report and supporting documentation

confidential on the following basis; Section 90(3)(k)

Tenders for the supply of goods the provision of services or the carrying out of works

(470/2018)

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9.24.1 District Council of Robe | Minutes 10 April 2018 22

Moved Cr Nunan

Seconded Cr Loxton

Resolved that having considered the report 19.3 titled “Truck Tender” in confidence under

Section 90(2) and (3)(k) of the Local Government Act 1999, the Council, pursuant to Section

91(7) of the Act orders that the documents and related Council reports, including the minutes

of the Council relating to the discussion of the subject matter of that be retained in

confidence until the contract has been entered into by all parties. (471/2018)

Carried

Moved Cr Nolan

Seconded Cr Nunan

Resolved that having considered the report 19.3 titled “Truck Tender” approves the tender

from OGR Trucks for the purchase of a new Isuzu truck and the trade in of the existing Isuzu

truck. (472/2018)

Carried

Meeting closed at 7.55pm.

Next Ordinary Meeting of Council to be held 6.00pm Tuesday 8 May 2018.

__________________________ signed _______________________ date

Mayor Peter Riseley