Council Meeting Minutes - 19 September 2011 - City of Whyalla

MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF WHYALLAHELD ON MONDAY 19 SEPTEMBER 2011 AT 5.30 PMIN THE COUNCIL CHAMBERPRESENT:Mayor J Pollock, Crs T Breuer, C Carter, M HodgeR McGinniss, J Marshall, S Minney and R RajamaniOFFICERS IN ATTENDANCE:Chief Executive Officer (Mr I Burfitt)Group Manager Corporate Services (Mrs M Hiscock)Group Manager Development Services (Mr S Payne)Acting Group Manager Infrastructure Services (Mr A Wilmshurst)Executive Officer (Mrs J Hayward)1. Opening Prayer and WelcomeThe meeting opened with the Civic Prayer.2. Obituary NoticesAndrewCatrionaLorrieSheronAlisonPatriciaPhyllisTonyCliveGeorgeMargaretKerri-AnneMandaColinMerleKevinCherylHellenHaroldAndelkaBlackwellDunn-BonfieldHuntLyonsMacDonaldMountstephenUsherPuckeringButlerMayneMettjesCodyJugovicMcGinlayRow-ThomasBridgmanFargherGarforthMcInnesVuljak

Council Meeting – 19.09.11 23. AcknowledgementWe acknowledge that this meeting is held on Barngarla Land and we givethanks for the use of this Land.4. Apologies4.1 Apologies were received from Crs E Hughes and J Velthuizen.Leave of Absence - NilMoved Cr Carter, seconded Cr BreuerC590-2011That Council accept the apologies from Crs Hughes and Velthuizen for themeeting held on Monday 19 September 2011.5. Minutes of Previous Meetings5.1 Council Meeting held on Monday 15 August 2011Moved Cr Hodge, seconded Cr McGinnissC591-2011CarriedThat the Minutes of the Ordinary Council Meeting held on Monday 15 August2011 as per copies supplied to Members, be adopted as a true and accuraterecord of that meeting.Carried6. Deputations – Nil

Council Meeting – 19.09.11 37. Presentations7.1 Mr Mark Cant, Chief Executive Officer, Regional Development Australia –Whyalla and Eyre Peninsula presented to Council on the RegionalDevelopment Australia Regional Profile.The profile provides a snapshot of the social, economic, environmental andcultural attributes of the Whyalla and Eyre Peninsula Region.Mr Cant also provided the Regional Development Australia – Whyalla and EyrePeninsula (RDAWEP) framework and action plan for the long term strategicdevelopment of the region.The region covered by the RDAWEP comprises of two regional cities, 11 localgovernment Councils and a diverse range of coastal and inland townships ofvarying size. The geography varies from coastal seascape and broad acrefields to rugged hills and the Nullarbor Plain. Businesses in the region rangefrom agriculture, aquaculture, viticulture and tourism to mining, manufacturing,hospitality and the arts.The people of this region have widely differing political, economic,environmental and other opinions about what could or should be done to makeWhyalla and Eyre Peninsula a better place.Numerous stakeholders were consulted during the preparation of the planningdocument including Local, State and Australian governments.Mr Cant listed the region’s attributes and opportunities, issues and challenges.The vision for the region is to increase its capacity to create knowledge and findnew ways of doing business which is pivotal to building a sustainable economy.Encouraging the development of innovative technology, cutting edge research,value added products and more efficient processing and supply systems thatwill strengthen the regional economy well into the 21 st century.8. Petitions - Nil9. Adjourned Business – Nil

Council Meeting – 19.09.11 410. Motions Lying on the TableResolution C573-2011 – Foreshore Development Plan Amendment(Resolution laid on the table – Council meeting held on 15 August 2011)Moved Cr Hughes, seconded Cr RajamaniC573-2011That the matter under reference – Item 18.2.1 – Foreshore Development PlanAmendment lie on the table pending a report outlining a water-tight process whichCouncil can enter into to ensure Council gets the best possible outcome for thedevelopment of this area.Carried11. Notices of Motion - Nil12. Questions on Notice - Nil13. Questions without Notice - Nil14. Public Question Time14.1 Ms Gerry Gillen - Resident14.1.1 Leisure Centre Management PlanQ.1 I have a question about the Leisure Centre Management Plan.An amount was included in the draft budget in April for this plan and last monthit was indicated that a report should be in by the end of September.I have had a look and I can’t work out what is in the document tonight – onequote for works has been received does that mean that only one lot ofconsultants put up their hand – and can you explain if the report will be readyby the end of September?A.1 Mr Ian Burfitt, Chief Executive Officer advised that it had been difficult to find aconsultant to assess the facility however one had been found that wasreasonably priced and able to undertake the works. Council initially believedthat the report would be ready by the end of August but after contacting theconsultant they have advised that the report will be ready at the end ofSeptember.If the report is received by the end of September it will be in the October 2011Council agenda.

Council Meeting – 19.09.11 514.1.2 Waterproofing Whyalla Project FundingQ.2 Regarding the letter in the agenda from Minister Gail Gago in response toCouncil’s request for the $1m financial assistance to be redirected from theFitzgerald Bay Project to the Waterproofing Whyalla Project and the State’sindication that it would not be redirected. It is noted that Council will need tocontact the South Australian Government Financing Authority to discussappropriate arrangements for repayment of the funding provided for FitzgeraldBay; is the money sitting ready to go back? Has any of the money been spent?Can you inform me a bit more about this?A.2 Mr Ian Burfitt, Chief Executive Officer advised the Fitzgerald Bay projectwas cancelled due to non compliance of the contract with the FederalGovernment. Council indicated that it was prepared to cease this projectand Council applied to the State Government to reallocate the funds tothe Waterproofing Whyalla project. The letter in question is the responseto Council’s request.At the request of Treasury, Council had to make a specific application forthe Waterproofing Whyalla project separately to Fitzgerald Bay.Fitzgerald Bay monies have to be returned to the State Government andtoday Minister Gago announced that $1.05m has been allocated toCouncil as a specific project under Regional Development InfrastructureFunding (RDIF) for waterproofing Whyalla.14.1.3 Motor homes at Point LowlyQ.3 There is a number of motor homes parked out at Point Lowly.They do not pay any fees to stay in this area and yet the Council providestoilet facilities. Isn’t it about time that we charge for use of this site?A.3 Mr Ian Burfitt, Chief Executive Officer advised that the issue had beenraised and discussed with various officers on how to manage the situationat Point Lowly.Council’s by-laws require that anyone that stays there stays no longerthan a period of two weeks and Council’s regulatory officers will beattending the location to ensure that this by-law complied to.A report is being prepared to Council regarding future managementoptions for the numerous people who go out there for extended times whouse the very limited services available at the site.15. Motions without Notice - Nil

Council Meeting – 19.09.11 616. Council Delegate Reports16.1 Cr M Hodge informed of his attendance at the Whyalla HospitalRedevelopment meeting advising that the project is moving ahead.Cr Hodge indicated that the Project Manager of the Redevelopment Project isto contact Mr Ian Burfitt, Chief Executive Officer regarding a future presentationto Council on the project.17. Elected Member’s Activities17.1 Cr M Hodge17 August 2011‣ Attended meeting with Mark Parry, Chief Executive, OneSteel‣ Attended Special Council Meeting26 August 2011‣ Attended redevelopment meeting at the Whyalla Hospital29 August 2011‣ Attended Economic Prosperity and Community Wellbeing meeting30 August 2011‣ Attended meeting with Mr John Moore and Mayor Pollock regardingupcoming HMAS Whyalla celebrations2 September 2011‣ Attended Eyre Peninsula Local Government Association meeting inWudinna9 September 2011‣ Attended informal meeting with Steve Arndt regarding BHP Billiton update14 September 2011‣ Attended hospital meeting regarding ten (10) year Health Plan‣ Attended meeting with Sean Kelly, OneSteel, Mayor Pollock andmembers of the Naval Association regarding 70 year celebrations forHMAS Whyalla

Council Meeting – 19.09.11 719 September 2011‣ Attended informal meeting regarding supply of I Pads to Elected Members‣ Council meeting17.2 Cr S MinneyCr S Minney advised of her attendance at the Regional Development AustraliaWhyalla and Eyre Peninsula Working Party meeting.17.3 Cr J MarshallCr J Marshall advised of her participation in the judging process for theAdvantage SA Awards.17.4 Cr R RajamaniCr R Rajamani advised of his attendance at the URPS Whyalla ClimateChange Project meeting.18. Management Reports18.1 Chief Executive Officer – Ordinary Reports18.1.1 Action ReportMoved Cr Carter, seconded Cr HodgeC592-2011That the September 2011 meeting action report as submitted by the ChiefExecutive Officer be received and noted.Carried

Council Meeting – 19.09.11 818.1.2 Correspondence for InformationMoved Cr Minney, seconded Cr CarterC593-2011That the Correspondence for Information Report as submitted by the ChiefExecutive Officer be received and noted.18.1.3 Building Approvals – Interim ProcessingMoved Cr Breuer, seconded Cr CarterC594-2011CarriedThat the formal proceedings of the Council Meeting be suspended for informaldiscussion in relation to Item 18.1.3 – Building Approvals – Interim Processing.CarriedCr R Rajamani vacated the meeting at 6.35 pm and resumed his seat at 6.37 pmMoved Cr Minney, seconded Cr HodgeC595-2011That the formal proceedings of the Council Meeting be reconvened.CarriedMoved Cr Hodge, seconded Cr CarterC596-2011That:1. In order to provide ongoing continuity of service delivery the City of Whyalla,while undertaking a formal recruitment within the building section, engagethe City of Salisbury to provide interim building approval advice andassistance on a project or application basis.

Council Meeting – 19.09.11 92. The City of Whyalla recognise the decision of Council’s Administration toreplace the Council’s building cadet position with that of a qualified andexperienced building officer.18.1.4 Community Survey Results CollationMoved Cr Carter, seconded Cr MarshallC597-2011CarriedThat the prepared summary report of the City of Whyalla 2011 Community Surveybe placed on the Council’s website and that Cr Rajamani be thanked for his inputinto the collation of the survey results.18.1.5 Cuttlefish Interpretive Centre StudyMoved Cr Hodge, seconded Cr MarshallC598-2011That:Carried1. The City of Whyalla commit to the preparation of a detailed investigation intothe potential provision of a Cuttlefish Interpretive Centre at Whyalla inconjunction with Regional Development Australia Whyalla and EyrePeninsula.2. Two elected members and the Chief Executive Officer meet with the ChiefExecutive Officer of the Regional Development Australia Whyalla and EyrePeninsula to determine a recommended appointment of consultant fordevelopment of the study into the project.Carried

Council Meeting – 19.09.11 10Moved Cr Hodge, seconded Cr CarterC599-2011That Mayor J Pollock and Cr J Marshall be the nominated Elected Members tomeet with the Chief Executive Officer of the Regional Development AustraliaWhyalla and Eyre Peninsula to determine a recommended appointment ofconsultant for development of the study into the project.18.1.6 Waterproofing WhyallaMoved Cr Minney, seconded Cr CarterC600-2011CarriedThat the City of Whyalla authorise the Chief Executive Officer and Mayor to signand where necessary attach the common seal to the Commonwealth Governmentand State Government funding agreements in regard to the WaterproofingWhyalla Project.18.1.7 Regional Development Whyalla and Eyre PeninsulaCarriedMayor J Pollock, who is Chair of the Regional Development Australia – Whyalla andEyre Peninsula Board declared an interest in the issue under referenceMoved Cr Hodge, seconded Cr RajamaniC601-2011That:1. The City of Whyalla authorise the Chief Executive Officer to addresscorrespondence to the Chief Executive Officer of Regional DevelopmentAustralia Whyalla and Eyre Peninsula supporting the representation of LocalGovernment on the Board to consist of the following:City of WhyallaCity of Port LincolnRemainder of Eyre Peninsula Councilsrepresentatives;3 specific representatives1 specific representative2 specific

Council Meeting – 19.09.11 112. The City of Whyalla request the Board of the Regional DevelopmentAustralia Whyalla and Eyre Peninsula to commence actions to amend itsrules of association to consist of a total member representation of 14members selected as follows:Local GovernmentRepresentativesvia nomination as presented fromthe City of Whyalla (3), the City ofPort Lincoln (1) and the EyrePeninsula Local GovernmentAssociation –other Councils (2)Community/Business via open call with a total of 8Representativespersons selected based on a skillsapproach equally from the Whyalla(4) and Eyre Peninsula (4) areas.18.1.8 Grants Commission Allocation 2011/12Moved Cr Breuer, seconded Cr CarterC602-2011CarriedThat the report detailing the Grants Commission funding allocation to the City ofWhyalla for 2011/12 be received.Carried18.1.9 2011/2012 Rates Discount Take-UpMoved Cr Hodge, seconded Cr McGinnissC603-2011That the report detailing the take up rate of the discount for early payment of ratesfor 2011/12 be received.CarriedMrs M Hiscock, Group Manager Corporate Services vacated the meeting at7.13 pm and resumed her seat at 7.15 pm

Council Meeting – 19.09.11 1218.1.10 Public Auction for Disposal of Surplus PropertyMoved Cr Carter, seconded Cr RajamaniC604-2011That:1. The Council’s Administration be authorised to arrange for expressions ofinterest to be invited from real estate agents for the holding of a publicauction for up to ten (10) allotments within the Whyalla Industrial Estate;2. The property currently known as the Civic Library located at portionallotments 39 and 66 Patterson Street also be offered for sale in conjunctionwith the public auction;3. The Chief Executive Officer be delegated authority to set the respectivereserve prices for all parcels in relation to the public auction.CarriedMr S Payne, Group Manager Development Services vacated the meeting at7.28 pm and resumed his seat at 7.30 pm18.2 Group Manager Corporate Services – Ordinary Report18.2.1 Community Grants CommitteeMoved Cr Carter, seconded Cr McGinnissC605-2011That Council reinstate the Community Grants Committee, that will meet four timesper year, and a membership will consist of: Mayor Three (3) Elected MembersCarriedA call for nominations for the Community Grants Committee was undertaken.A secret ballot was called for Elected Member representation on theCommunity Grants Committee.

Council Meeting – 19.09.11 13Moved Cr Marshall, seconded Cr BreuerC606-2011That a secret ballot be held to enable voting for Elected Member membership ofthe Community Grants Committee.CarriedMr I Burfitt, Chief Executive Officer and Mrs M Hiscock, Group Manager CorporateServices vacated the meeting at 7.28 pm and resumed their seats at 7.31 pmMoved Cr Breuer, seconded Cr HodgeC607-2011That the three Elected Members nominated for the Community Grants Committeebe Crs Carter, Hodge and Marshall.CarriedMrs M Hiscock, Group Manager Corporate Services vacated the meeting at 7.32 pmand resumed her seat 7.34 pm18.3 Group Manager Development Services – Ordinary Report18.3.1 Wizard LeaseMoved Cr Breuer, seconded Cr HodgeThat Council endorse the proposed lease with Wizard Power for undevelopedland at the Whyalla Industrial Estate (old dairy section) to be used for the purposeof a solar thermal power demonstration site, allowing for ten (10) years rent freeoccupation, with four (4) subsequent rights of renewal for five (5) years each, withrent to be reviewed prior to each of these renewal periods.Carried

Council Meeting – 19.09.11 14AmendmentMoved Cr Minney, seconded Cr CarterC608-2011That Council endorse the proposed lease with Wizard Power for undevelopedland at the Whyalla Industrial Estate (old dairy section) to be used for the purposeof a solar thermal power demonstration site, allowing for ten (10) years rent freeoccupation, with four (4) subsequent rights of renewal for five (5) years each, withrent to be reviewed prior to each of these renewal periods and that there be acondition in the lease that Wizard Power construct a demonstration dish withinthree (3) years of signing the lease.The Amendment was Put and Carriedand as the Motion was then Put andCarried18.4 Manager Information Services – Ordinary Report18.4.1 Elected Members ITMoved Cr Carter, seconded Cr HodgeC609-2011That Council purchase a MacBook Air 11” for each Elected Member who requestone.Moved Cr Hodge, seconded Cr CarterC610-2011CarriedThat a suitable training program be set up for Elected Members to betterunderstand the workings of the MacBook Air 11”.Carried

Council Meeting – 19.09.11 1518.5 be Active Community and Recreational Field Officer – Ordinary Report18.5.1 Whyalla Youth Council ContractMoved Cr Hodge, seconded Cr MarshallC611-2011That Council support Plaza Youth managing the Youth Council program.CarriedMrs M Hisock, Group Manager Corporate Services vacated the meeting at 7.51 pmand resumed her seat at 7.52 pm18.6 Technical Assistant – Ordinary Report18.6.1 2011-2013 Concrete Footpath Program TenderMoved Cr Minney, seconded Cr CarterC612-2011That Council accept the tender received from A & G D’Orazio & Sons Pty Ltd asthe Contractor for the 2011-2013 Concrete Footpath and Driveway Program.18.6.2 Landfill Fees and ChargesMoved Cr Hodge, seconded Cr BreuerC613-2011CarriedThat the fees and charges be altered at the Mount Laura Waste and RecyclingDepot as per the following, effective 1 October 2011:1. Introduce a tonnage rate, in line with the existing tonnage commercial rate,for all categories of waste/material for trailers over 8x5 in size.2. Remove the annotation ‘Van’ from the vehicle description listed in the firstcolumn, second line, of fee schedule.3. Limit household cardboard/paper to the maximum volume of a 240L bin.4. Increase E-waste to $5 to off-set processing fees.Carried

Council Meeting – 19.09.11 1618.7 Rates Officer – Ordinary Report18.7.1 Rebate of RatesMoved Cr Carter, seconded Cr McGinnissC614-20111. That Council approves the following discretionary rebates of rates for2011/12, in accordance with Section 166 of the Local Government Act andCouncil’s Rate Rebate Policy:TurnbullSections 10, 49 & 50 Hundredof Poynton $416.25Whyalla Art Group Inc 5 Darling Terrace $630.75Whyalla Squash Club Inc 35-37 Viscount Slim Avenue $1,834.88Returned Services League Inc 77 Essington Lewis Avenue $1,318.85Leiblich/Lunnay/PetersenSection 900 Hundred ofPoynton $396.40RSPCA Lot 50 Cook Street $2,148.00JenkinsSection 11 Hundred ofPoynton $399.30Whyalla left Hand Club Inc Lot 156 Cultana Estate $355.55RAOB-GLSA Peace Lodge No. 55 72 Playford Avenue $916.882. That Council approves a 50% mandatory rebate of rates in the amount of$764.36 for 2011/12 for Wesley Country Housing Inc, in accordance withSections 161 and 159 (4) of the Local Government Act for the propertysituated at 29-31 Sugg Street, Whyalla Norrie.Carried

Council Meeting – 19.09.11 1718.8 Senior Legislation Compliance Officer – Ordinary Report18.8.1 Proposed New Years Eve Temporary Dry AreasMoved Cr Minney, seconded Cr BreuerC615-2011That Council, in accordance with the Liquor Licensing Act 1997, prohibits theconsumption or possession of liquor in the following Council areas from9pm on Saturday 31 December 2011 to 8am on Sunday 1 January 2011 for NewYears Eve Celebrations:Lot 1 Cudmore Terrace, WhyallaLot 3 Hundred of Randell, WhyallaLot 100 Cudmore Terrace, WhyallaSection 291 Cudmore Terrace, WhyallaSection 394 Cudmore Terrace, WhyallaIn areas as depicted on Annexure ‘A’.Carried19. Information ReportsMoved Cr Hodge, seconded Cr BreuerC616-2011That the Information Reports as listed below be received and noted.Mayor JN Pollock – List of EngagementsCorporate Services – Works in ProgressInfrastructure Services – Works in ProgressDevelopment Services – Works in ProgressCarried20. Committee Reports - Nil

Council Meeting – 19.09.11 1821. Other Urgent Business21.1 Elected Member’s attendance at the Local Government Association SouthAustralia – Annual General Meeting – October 2011Moved Cr Carter, seconded Cr BreuerC617-2011That Cr M Hodge attends the Local Government Association of South AustraliaAnnual General Meeting to be held in Adelaide in October 2011.Carried22. Adjournment of Meeting - Nil23. Consideration of Confidential Items - Nil24. ClosureThe Presiding Member declared the meeting closed at 8.15 pm25. Date of Next MeetingMonday 17 October 2011Confirmed ……………………Presiding Member October 2011