Council Minutes 2004/10 - Kangaroo Island Council

KANGAROO ISLAND COUNCIL 

MINUTES OF A COUNCIL MEETING HELD IN THE 

COUNCIL COMMUNITY SERVICES CENTRE, DREW STREET, 

KINGSCOTE ON WEDNESDAY 13 OCTOBER 2004, 

COMMENCING AT 1.01 PM 

1.0 PRESENT 

Mayor M R Pengilly, Crs M R Boxall, W H Richards, P J Brauer, 

D McDonald, C L Wickham, J A Bates, R J Davis, M Turner, M Hobbs, 

K Liu (Technical Services Manager), M J Dilena (Acting Chief 

Executive Officer), A J Jarvis (Corporate & Community Services 

Manager), Patrick Mitchell (Planning Officer) & J H Trethewey 

(Clerical Officer). 

2.0 APOLOGIES 

Laurence Eves (Environmental Services Manager) 

2.1 The Mayor made a presentation to the Kangaroo Island Council (outside 

staff), in respect of being awarded, for the third time in a row, the 

regional OHS&W Better Practice Award worth $20,000. 

2.2 Moved Cr Turner Seconded Cr Bates 

1.06 pm That standing orders be suspended. 

CARRIED. 

3.0 DEPUTATION 

Brenton Burman from Hassell addressed Council about the Centre 

Project. 

1.20pm meeting resumed. 

4.0 MINUTES OF MEETING HELD 8.9.04 

Moved Cr Boxall 

Seconded Cr Davis 

That the Minutes of the Meeting held on 8.9.04 be confirmed. 

CARRIED. 

5.0 BUSINESS ARISING FROM MINUTES OF 8.9.04 

Cr Davis asked if Brian Kirke had received his letter of support. The 

answer was no; however, that one would be sent ASAP. 

6.0 MINUTES OF IN-CONFIDENCE MEETING HELD 8.9.04 

Moved Cr Bates Seconded Cr Boxall 

That the Minutes of the In-Confidence Meeting held on 8.9.04 be confirmed. 

CARRIED.

2 

7.0 BUSINESS ARISING FROM IN-CONFIDENCE MINUTES OF 

8.9.04 

Nil. 

8.0 MINUTES OF SPECIAL MEETING HELD 17.9.04 (PINK PAGES) 

Moved Cr Hobbs Seconded Cr Boxall 

That the Minutes of the Special Meeting held on 17.9.04 be confirmed. 

CARRIED. 

9.0 BUSINESS ARISING FROM SPECIAL MINUTES OF 17.9.04 

Nil. 

10.0 MINUTES OF SPECIAL MEETING HELD 27.9.04 (PINK PAGES) 

Moved Cr Wickham 

Seconded Cr Hobbs 

That the Minutes of the Special Meeting held on 27.9.04 be confirmed. 

CARRIED. 

11.0 BUSINESS ARISING FROM SPECIAL MINUTES OF 27.9.04 

Nil. 

12.0 MAYOR'S REPORT 


Seconded Cr Brauer 

That the Mayor’s Report be received. 

CARRIED. 

13.0 QUESTIONS FROM THE GALLERY 

Members of the public in the Gallery were invited to ask questions and 

no one accepted. 

14.0 PETITIONS - Nil 

15.0 QUESTIONS 

15.1 Questions on Notice – Nil. 

15.2 Questions without Notice – Nil. 

Cr Turner asked about the Kingscote Wharf and any progress. 

16.0 REPORTS OF COMMITTEES 

16.1 Christmas Cove Management Committee 

Moved Cr Bates 

Seconded Cr McDonald 

That the minutes of the Christmas Cove Management Committee 

meeting held on 14.9.04 and 11.10.04 be received and the 

recommendations therein be adopted. 

CARRIED.

16.2 Office Accommodation Management Committee 


Seconded Cr Turner 

That the minutes of the Office Accommodation Management Committee 

meeting held 21.9.04 and 11.10.04 be received and the recommendations 

therein be adopted. 

CARRIED. 

16.3 STEDS Committee 

Moved Cr Turner 

Seconded Cr Boxall 

That the minutes of the STEDS Committee meeting held on 17.9.04 be 

received and the recommendations therein be adopted. 

CARRIED. 

17.0 ENVIRONMENTAL SERVICES REPORTS 



That the Environmental Services Reports be received. 

CARRIED. 

17.1 REPORT TITLE: LEGALS 

DEPARTMENT: ENVIRONMENTAL SERVICES 

ATTACHMENTS: YES 



1 That the Council receive and note the reports detailing the ERD Court 

and Supreme Court matters. 

2 That the Council instruct Norman Waterhouse Lawyers to; 

- Issue correspondence advising Mr Wandel of Council’s 

intentions to act on this matter; and 

- act as its delegate to issue and enforcement Order. 

CARRIED. 

17.2 The Mayor made a brief oral presentation to the Kangaroo Island 

Council’s Planning Officer Mr Patrick Mitchell, thanking him for his 

service with the Council. 

17.3 Moved Cr Wickham Seconded Cr Bates 

That Council acknowledges Mr Patrick Mitchell (Planning Officer) for 

his service with the Council and that it be publicly noted. 

CARRIED. 

Patrick Mitchell left the meeting at 1.38pm 

18.0 TECHNICAL SERVICES REPORTS 

Moved Cr Davis 


That the Technical Service Manager’s Report be received. 

CARRIED. 

3

4 

18.1 REPORT TITLE: MONTHLY PROGRESS OF WORK 

REPORT 

AUTHOR: 

TECHNICAL SERVICES 

COORDINATORS 

ATTACHMENT: PROGRESS REPORT 



That the September 2004 progress of work report be received. 

CARRIED. 

18.2 REPORT TITLE: KINGSCOTE STEDS EXTENSION 

AUTHOR: 

KEN LIU, TECHNICAL SERVICES 

MANAGER 

ATTACHMENTS: PROPOSED PLAN OF EXTENSION 

NOTE: 

KEN LIU WILL GIVE A POWERPOINT 

PRESENTATION 

Moved Cr McDonald 

Seconded Cr Richards 

That the following recommendations be adopted. 

1 That the proposed extensions of the Kingscote STEDS as presented by 

the TSM be endorsed. 

2 That the selection criteria for prioritising the proposed drain 

extensions be adopted for implementation. 

3 That the installation of drain No CE34 be incorporated with the 

sealing of Gosse Crescent in 2004/05 works program. 

4 That a policy be developed to ensure that no building works or 

permanent structures will be erected on or over the land designated as 

easements for future drain extensions. 

5 That Council engages a consultant as soon as practical to undertake 

easement negotiations for the proposed STEDS extensions. 

6 That this report be referred to the STEDS Management Committee for 

recommendations on implementation program and option of 

recouping the capital costs associated with the upgrades. 

CARRIED. 

18.3 REPORT TITLE: CHAPMAN RIVER BRIDGE 

AUTHOR: 


MANGER 



That Council supports in principle the funding of the shortfall including 

$40,000 contribution from the 2003/04 budget surplus to rebuild the footbridge 

over the Chapman River subject to development consent, and other statutory 

approvals being obtained as required. 

18.3.1 Moved Cr Boxall Seconded Cr Brauer 

As a priority motion that the matter be deferred for 1 month pending 

further information on costs. 

CARRIED 5 FOR 4 AGAINST

5 

18.4 REPORT TITLE: REPLACEMENT OF MAINTENANCE 

PATROL GRADER 

AUTHOR: 

JOHN FERNANDEZ, TECHNICAL 

SERVICES COORDINATOR 

Moved Cr Richards 


That the tender submitted by Cavpower Pty Ltd for the supply and 

delivery of a Caterpillar 12H Grader with a Free-roll unit attachment at a 

change over price of $269,250 be accepted. 

CARRIED. 

18.5 REPORT TITLE: OLD KINGSCOTE JAIL 

AUTHOR: 

CRISTIAN BARRIOS, TEAM LEADER 

P&R SERVICES 



That the matter be referred to the Community Development Officer to 

pursue external resources for the restoration of the old Kingscote Jail 

building and further that subject to obtaining necessary funding, Council 

give consideration of contributing in-kind support towards the project as 

required during the formulation of next year’s financial budget. 

CARRIED. 

18.6 REPORT TITLE: AMERICAN RIVER HARD WASTE 

COLLECTION 

AUTHOR: 

DANIEL ROWLEY, PARKS & 

COMMUNITY SERVICES 

COORDINATOR 


That the report be received. 

CARRIED. 


18.7 REPORT TITLE: WASTE 2004 CONFERENCE 

AUTHOR: 



COORDINATOR 

Moved Cr Hobbs 

That the report be received. 

CARRIED. 

Seconded Cr Richards

6 

18.8 REPORT TITLE: WASTE MANAGEMENT WORKSHOP 

AUTHOR: 



COORDINATOR 



That the following recommendations be adopted. 

1 That A Kangaroo Island Waste Management Workshop be held on 16 

November 2004 in the Council Chambers commencing at 9am. 

2 That Council Elected Members, all Senior Managers and interested 

staff to attend the workshop. 

3 That Senior Managers of the EPA and Zero Waste SA be invited to 

attend the workshop and be invited to spend the remainder of the day 

(or 2) undertaking site visits with Council Officers. 

CARRIED. 

18.9 REPORT TITLE: NEW ALLOTMENTS PENNESHAW 

AUTHOR: 



COORDINATOR 



That the plans be “signed, dated and sealed” and returned to Weber 

Frankiw and Associates to have the preliminary planning completed for 

the closing of the portions of road under the Road Opening and Closing 

Act. 

CARRIED. 

18.10 REPORT TITLE: KINGSCOTE MEDICAL CENTRE 

AUTHOR: 


MANAGER 

Cr Bates declared an interest in the matter and left the Chambers. 



That the costing for the Kingscote Medical Centre be received. 

CARRIED. 

Cr Bates returned to the meeting. 

18.11 Moved Cr Turner Seconded Cr Boxall 

2.31 That the meeting adjourn for a 5 minute comfort break. 

CARRIED. 

2.40 The meeting resumed.

7 

19.0 CORPORATE & COMMUNITY SERVICES REPORTS 



That the Corporate & Community Services Reports be received. 

CARRIED. 

19.1 REPORT TITLE: BY-LAWS (INFO ONLY) 

AUTHOR: 

A JARVIS, CORPORATE & 

COMMUNITY SERVICES MANAGER 

Council received information report. 

19.2 REPORT TITLE: SOUTHERN & HILLS LOCAL 

GOVERNMENT ASSOCIATION 

AUTHOR: 

A JARVIS, CORPORATE AND 




That the membership of the Southern & Hills Local Government 

Association be renewed for the 2004/2005 financial years. 

CARRIED. 

19.2.1 Moved Cr Richards Seconded Cr McDonald 

That the CEO of the Southern & Hills Local Government Association (Mr 

Fred Pedler) be invited to address the next Council meeting. 

CARRIED. 

19.3 REPORT TITLE: SOUTH TERRACE PENNESHAW 

AUTHOR: 



FILE: 032 



That in view of the objections received during the public consultation 

process that the applicants be advised that Council will not consider the 

sale or lease of this land and that no further action be taken on this 

matter. 

CARRIED. 

19.3.1 Moved Cr Bates Seconded Cr Wickham 

That the issue of reuse of wastewater in Penneshaw be referred to the 

STEDS Committee for consideration for beautification of public lands. 

CARRIED.

8 

19.4 REPORT TITLE: JOHN FLORANCE MEMORIAL 

PLAQUE & CEREMONY 

AUTHOR: 




Seconded Cr Bates 

That Councillor Boxall be nominated to attend this function on behalf of 

Council and the Community. 

CARRIED. 

19.5 REPORT TITLE: LOCATION OF SEAT AT BUICK 

POINT AMERICAN RIVER 

AUTHOR: 



FILE: 046 

ATTACHMENT: CORRESPONDENCE 



1 That permission be granted for the placement of a memorial seat at the 

expense of Karen O’Brian and subject to Councils normal provisions 

and, 

2 That the Parks and Gardens Co-ordinator, Mr D. Rowley be advised of 

this request and that Mr Rowley be required to liaise with Ms O’Brian 

regarding the suitability and placement of these plants. 

CARRIED. 

19.6 REPORT TITLE: INFORMATION REPORT ON RECORD 

KEEPING FOR PUBLIC MEETINGS 

AUTHOR: 



ATTACHMENT: STATE RECORDS ADVICE (005) 

Council received information report. 

19.6.1 Move Cr Bates Seconded Richards 

That a draft policy on record keeping for public meetings & forums be 

prepared & presented at the next Council meeting. 

CARRIED.

19.7 REPORT TITLE: END OF YEAR BUDGET 

ADJUSTMENTS 

AUTHOR: 



ATTACHMENT: PREVIOUSLY DISTRIBUTED BUDGET 

SUMMARY 



That the budget adjustments as presented be accepted (with PAR 

corrections). 

CARRIED. 

19.8 REPORT TITLE: DRAW DOWN FROM SPECIAL 

RESERVE ACCOUNT FOR 04/05 

BUDGET 

AUTHOR: 

LOUISE EVES, FINANCE OFFICER 


Seconded Cr Bates 

That Council approve the draw down totalling $72,900 from the 

Council’s Special Reserve Account as per the schedule presented with 

the agenda. 

CARRIED. 

19.8.1 Moved Cr Davis Seconded Cr Boxall 

That the late report presented by the Corporate & Community Services 

Manager be accepted for discussion. 

CARRIED. 

19.9 REPORT TITLE: ENCROACHMENT OF BOUNDARY 

AUTHOR: 



FILE NUMBER: 001 

ATTACHMENTS: CORRESPONDENCE 



That Council give in principle consent to commence the Roads Opening 

and Closing process in respect of Allotment 200 DP55836, Brownlow 

Road, Kingscote. 

CARRIED. 

20.0 CHIEF EXECUTIVE REPORTS 



That the Acting Chief Executive Officer’s Report be received. 

CARRIED. 

9

10 

20.1 REPORT TITLE: OFFICE ACCOMMODATION 

(MINUTES OF COMMITTEE 

PROVIDED PREVIOUSLY) 

AUTHOR: 

M DILENA, ACTING CHIEF 

EXECUTIVE OFFICER 



1 That Council support in principal, proceeding with the Office 

Accommodation upgrade, using funds provided from the previous 

financial year. 

2 That Council confirm and endorse the budget commitment for Office 

Accommodation. 

3 That Council confirm that additional funding be provided from the 

disposal of the Masonic Lodge and surrounding land. 

4 That Council confirms the terms of reference for the office 

accommodation committee and delegates authority to the committee 

to act on behalf of Council. 

CARRIED. 

20.2 REPORT TITLE: MG CAR CLUB VISIT 3-5 DECEMBER 

2004 

AUTHOR: 

M DILENA, ACTING CHIEF EXECUTIVE 

OFFICER 


ATTACHMENTS: LETTER & ITINERARY (PICTURES 

UPON REQUEST) 



That Dauncey Street, (between Murray Street and Commercial Street) be 

temporarily closed between 9.00am and 12.00noon on Sunday 4 th 

December 2004, following consultation with the affected store 

proprietors, for the purpose of displaying classic vehicles of the MG Car 

Club. 

CARRIED. 

20.3 REPORT TITLE: KI ENERGY SOLUTIONS 

AUTHOR: 




ATTACHMENT: CORRESPONDENCE VIA KIDB 


Seconded Cr Wickham 

1 That the correspondence from ESSCOSSA be received. 

2 That Mr David Furniss, Kangaroo Island Development Board be 

thanked for forwarding the abovementioned reply and be instructed to 

continue the investigation into possible renewable energy based 

solutions. 

CARRIED.

11 

20.3.1 Moved Cr Wickham Seconded Cr Richards 

That Council writes to Mr Furniss endorsing the position presented to 

Council and requests that this be presented to ESCOSA as the joint 

position of KIDB and Council. 

CARRIED. 

20.4 REPORT TITLE: AMERICAN RIVER STEDS 

AUTHOR: 




ATTACHMENT: CORRESPONDENCE FROM LGA & 

ACEO RESPONSE 



That Council endorse the Chief Executive Officers views as expressed in 

the correspondence and ratifies the following 6 points as specified: 

1 That Council wishes to proceed with further investigation into the costs 

and feasibility of a STEDS for American River. 

2 Confirm that Council is prepared to meet its share of the upfront costs 

for commissioning a Consultant to undertake the STEDS audit of 

Kingscote estimated to be $5000. 

3 The nominated Council Officer who will act to represent Council will 

be Mr Ken Liu, Technical Services Manager. 

4 Council is currently researching the options of treatment and disposal 

for the common effluent and will nominate a number of prospective 

sites for the establishment of infrastructure as soon as possible. 

5 Council is currently considering American River's current dwelling 

locations and is in the process of compiling a draft map of the 

scheme’s collection limits. 

6 Council will consider the option of including the connection of existing 

residences outside of the town boundaries of the scheme, however this 

is considered unlikely to occur. 

CARRIED. 

20.5 REPORT TITLE: BIODIESEL FUEL OFFER REPORT 

AUTHOR: 




That Council receive & note the report. 

CARRIED. 

Seconded Cr Turner

12 

21.0 CHIEF EXECUTIVE INFORMATION REPORTS 

Moved Cr Hobbs Seconded Cr Wickham 

That the information reports be received for information. 

CARRIED. 

21.1 Moved Cr Wickham Seconded Cr Brauer 

As a matter of urgency Transport SA implement a traffic study and 

arrange joint use of Kingscote wharf for grain handling and ferry 

operations. 

CARRIED. 

22.0 CORRESPONDENCE FOR DISCUSSION 



That the correspondence be received and that each item be individually 

dealt with. 

CARRIED. 

22.1 CORRESPONDENT: KI RAPID UPDATE COMMITTEE 

DEPARTMENT: ENVIRONMENTAL SERVICES 


ATTACHMENTS: 1/1004 CORRESPONDENCE 



That writer be advised that Council will include the upgrading street 

name signs in the next year’s budget for consideration as requested. 

CARRIED. 

22.2 CORRESPONDENT: AMERICAN RIVER PROGRESS 

ASSOCIATION 

AUTHOR: 



COORDINATOR 





That the American River Progress Association be thanked for their 

positive correspondence and be advised that Council is developing 

strategies, similar to the ones suggested, to ensure all residents on 

Kangaroo Island receive as equitable service as possible. 

CARRIED.

13 

22.3 CORRESPONDENT: DEPARTMENT FOR ENVIRONMENT 

AND HERITAGE 

AUTHOR: 



COORDINATOR 





That the report be noted and actions taken by Council Officers be 

endorsed. 

CARRIED. 

23.0 CORRESPONDENCE FOR INFORMATION 



That the following items of correspondence be received for information. 

CARRIED. 

23.1 CORRESPONDENT: HON RORY MCEWEN MP 


ATTACHMENT: 4/1004 CORRESPONDENCE 



That the Kangaroo Island Council notifies the Minister for Local 

Government (Hon R McEwen) of its intention to impose a passenger 

levy on all sea and air travel to and from Kangaroo Island at $5 per ticket 

($10 return) to take effect from the 1 st July 2005 and further that all 

providers of air and sea services be notified of the intentions of Council. 

(It was further agreed that this advice be also sent to Hon Alexander 

Downer M.P. and Hon. Dean Brown) 

CARRIED. 6 FOR 3 AGAINST 

CORRESPONDENT: HON DEAN BROWN MP 


ATTACHMENT: 5/1004 CORRESPONDENCE & 

MAYOR’S RESPONSE 

CORRESPONDENT: JOHN EWEN & ASSOCIATES 


ATTACHMENT: 6/1004 CORRESPONDENCE & ACEO’S 

RESPONSE 

CORRESPONDENT: GOVERNMENT OF SOUTH 

AUSTRALIA 

FILE NUMBER: 042

14 

ATTACHMENT: 

7/1004 CORRESPONDENCE 

CORRESPONDENT: HEATHER LINNETT 



CORRESPONDENT: LGA WORKERS COMPENSATION 

SCHEME 



CORRESPONDENT: PATRICK SECKER MP 


ATTACHMENT: 10/1004 CORRESPONDENCE & HON 

IAN CAMPBELL’S RESPONSE 

CORRESPONDENT: SURF & SUN 

FILE NUMBER: 109 


CORRESPONDENT: HON RORY MCEWEN 



23.2 CORRESPONDENT: KI MOTOR CLUB 

FILE NUMBER: 




That the late item of correspondence be received. 

CARRIED. 

24.0 NOTICES OF MOTIONS 

Nil

25.0 OTHER BUSINESS 

25.1 Moved Cr Richards Seconded Cr Bates 

That the OH&S award funds of $20,000 be retained in a specific purpose 

fund for the benefit of staff in the pursuit of activities associated with 

Occupational Health & safety. 

CARRIED 

25.2 Resolved that Transport SA be invited to attend a meeting of Council 

with a view to presenting options regarding the sand build up caused by 

the Penneshaw breakwater. 

25.3 Moved Cr Richards Seconded Cr McDonald 

That Council agree to funding the watering costs associated with the 

maintenance of the Penneshaw Oval for the three weeks prior to the 

playing of the charity test match. 

CARRIED. 

25.4 Resolved that a breakdown of the proposed expenditure of $2.5 million 

in respect of waste management be presented to Council at it’s next 

meeting. 

25.5 Resolved that the CEO investigates the matter of penguin leases at 

Kingscote Wharf and that a report be presented to next Council. 

25.6 Moved Cr McDonald Seconded Cr Davis 

That a report be prepared regarding the provision of a new PA/Sound 

System for the Kingscote Town Hall and further that the costs of 

providing a new visual aid screen be provided to council. 

CARRIED. 

25.7 Moved Cr McDonald Seconded Richards 

That Council write to TSA asking them to commit to the provision of a 

0.5m wide sealed safety area on the shoulder of the Hog Bay Road. 

CARRIED. 

25.8 Moved Cr Turner Seconded Cr Bates 

That Council write to SA Water stating that there is no shortage of water 

in Middle River Dam and requesting that the water restrictions be 

revoked on Kangaroo Island 


25.9 Moved Cr Bates Seconded Cr Wickham 

That a report be given to next meeting regarding an area in Penneshaw 

that might be used as a temporary caravan park. 

CARRIED. 

15

16 

25.10 Moved Cr Turner Seconded Cr Boxall 

Resolved to have the ordinary meeting of Council at 1pm on the 17 th 

November 2004 and to advertise the change of date in the Islander. 


26.0 IN-CAMERA BUSINESS 

4.45pm 



That under the provisions of Section 90 (3)(d) of the Local Government 

Act 1999 an order be made that the public and all Officers of the Council 

with the exception of the Acting Chief Executive Officer, Marc Dilena, 

Corporate & Community Service Manager, Tony Jarvis, and Clerical 

Officer, Jennifer Trethewey, be excluded from attendance at the meeting 

in order to consider in confidence commercial issues and further the 

Council is satisfied that on the basis of the provisions of Section 

90(3)(a), the principle that meeting of the Council should be conducted 

in a place open to the public has been outweighed by the need to keep 

the information or discussion confidential. 

CARRIED. 

26.1 5.27pm 



That the meeting resume in open session. 

CARRIED. 

26.2 REPORT TITLE: SAND PIT EML 4832 AT 

MCGILLIVRAY 

AUTHOR: 



ATTACHMENT: CORRESPONDENCE 



1 That Hallan Nominees Pty Ltd be given permission to transfer the 

lease of the McGillivray sand Pit to Mr. Stephen Zealand with the 

conditions as specified in Hallan Nominees correspondence. 

2 That Council agrees to sell the two Council explosive magazines 

currently situated at McGillivray Quarry at the agreed sale price, 

subject to them being relocated to Boxer’s Quarry and being made 

available for the storage of Council’s explosives from time to time. 

CARRIED. 

27.0 CLOSURE BY MAYOR 

5.35pm Mayor Pengilly declared the meeting closed.

Council Minutes 2004/10 - Kangaroo Island Council

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