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City of Victor Harbor MINUTES Committee Ordinary Council Meeting Held Monday, 21 June 2010 at 5.30pm Location Council Chambers, Bay Road, Victor Harbor j:\committees\general\ordinarycouncil\minutes\20100621.doc Initials : Page 1 of 34 1. PRESENT Her Worship the Mayor, M Corcoran (Chairperson) Councillor P Chigwidden Councillor E Cooper Councillor K Ewens Councillor P Lewis Councillor D Michelmore Councillor D Sinclair-Warren Councillor K Trezise In Attendance: Mr G Maxwell - City Manager Ms J Bohnsack - Director of Corporate & Community Services Mr G Pathuis - Director of Planning & Regulatory Services Mr P Bond - Director Environment & Infrastructure Services Mrs G Riley - Minute Secretary 2. LOCAL GOVERNMENT PRAYER & VISION Prayer Almighty God, we humbly beseech Thee to grant Thy blessings on the works of this Council. Direct and prosper its deliberations to the advancement of Thy glory and the true welfare of the people of the district. Amen. Vision Council’s vision within the Strategic Directions 2006/09 acknowledges the needs of current and future residents and visitors, and also recognises Victor Harbor’s role as the regional retail, commercial, educational and service centre of the Southern Fleurieu. 3. APOLOGIES & LEAVE OF ABSENCE Cr T Rose (Leave of Absence); Cr P Ruciak (Leave of Absence);

City of Victor Harbor · Meeting Held Monday, ... 2. LOCAL GOVERNMENT PRAYER & VISION Prayer ... conclude with a flag raising ceremony on Warland Reserve

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City of Victor Harbor

M I N U T E S

Committee Ordinary Council

Meeting Held Monday, 21 June 2010 at 5.30pm

Location Council Chambers, Bay Road, Victor Harbor

j:\committees\general\ordinarycouncil\minutes\20100621.doc Initials : Page 1 of 34

1. PRESENT

Her Worship the Mayor, M Corcoran (Chairperson) Councillor P Chigwidden Councillor E Cooper Councillor K Ewens Councillor P Lewis Councillor D Michelmore Councillor D Sinclair-Warren Councillor K Trezise In Attendance: Mr G Maxwell - City Manager Ms J Bohnsack - Director of Corporate & Community Services Mr G Pathuis - Director of Planning & Regulatory Services Mr P Bond - Director Environment & Infrastructure Services Mrs G Riley - Minute Secretary

2. LOCAL GOVERNMENT PRAYER & VISION

Prayer

Almighty God, we humbly beseech Thee to grant Thy blessings on the works of this Council. Direct and prosper its deliberations to the advancement of Thy glory and the true welfare of the people of the district. Amen.

Vision

Council’s vision within the Strategic Directions 2006/09 acknowledges the needs of current and future residents and visitors, and also recognises Victor Harbor’s role as the regional retail, commercial, educational and service centre of the Southern Fleurieu.

3. APOLOGIES & LEAVE OF ABSENCE

Cr T Rose (Leave of Absence); Cr P Ruciak (Leave of Absence);

Monday, 21 June 2010 Ordinary Council Minutes

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OC 10/0235 Apologies & Leave of Absence

Moved: Cr K Trezise Seconded: Cr D Sinclair-Warren

That the leave of absences be noted.

CARRIED UNANIMOUSLY

4. MINUTES OF THE PREVIOUS MEETING

OC 10/0236 Confirmation of the Minutes of the Previous Meeting

Moved: Cr P Chigwidden Seconded: Cr D Michelmore

That the Minutes of the Previous Ordinary Council Meeting held onMonday, 17 May 2010 be confirmed as a true and correct record.

CARRIED UNANIMOUSLY

5. MINUTES OF COUNCIL COMMITTEE MEETINGS

5.1. Audit Committee

OC 10/0237 Audit Committee

Moved: Cr D Sinclair-Warren Seconded: Cr E Cooper

That the Minutes of the Audit Committee Meeting held on 7th June 2010 be received and the recommendations contained therein, and attached, be adopted.

CARRIED UNANIMOUSLY

5.2. Community Library Advisory Committee

OC 10/0238 Community Library Advisory Committee

Moved: Cr D Sinclair-Warren Seconded: Cr K Trezise

That the Minutes of the Community Library Advisory CommitteeMeeting held on 31st May 2010 be received and the recommendationscontained therein, and attached, be adopted.

LAPSED

Cr Chigwidden put forward the following amendment:

OC 10/0239 Community Library Advisory Committee

Moved: Cr P Chigwidden Seconded: Cr E Cooper

That the Minutes of the Community Library Advisory CommitteeMeeting held on 31st May 2010 be received and the recommendationscontained therein with the exclusion of recommendation numbers: CCL

Ordinary Council Minutes Monday, 21 June 2010

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10/0008 and CCL 10/0009, and attached, be adopted.

AMENDMENT WAS PUT AND CARRIEDTHE AMENDMENT BECAME THE MOTION WAS CARRIED

5.3. Disability Access Steering Committee

OC 10/0240 Disability Access Steering Committee

Moved: Cr K Ewens Seconded: Cr E Cooper

That the Minutes of the Disability Access Steering Committee Meeting held on 26th May 2010 be received and the recommendations containedtherein, and attached, be adopted.

CARRIED UNANIMOUSLY

5.4. Victor Harbor Main Street Precinct Committee

OC 10/0241 Victor Harbor Main Street Precinct Committee

Moved: Cr P Lewis Seconded: Cr D Sinclair-Warren

That the Minutes of the Victor Harbor Main Street Precinct CommitteeMeeting held on 8th June 2010 be received and the recommendationscontained therein, and attached, be adopted.

CARRIED UNANIMOUSLY

5.5. Occupational Health, Safety & Welfare Committee

OC 10/0242 Occupational Health, Safety & Welfare Committee

Moved: Cr K Trezise Seconded: Cr P Chigwidden

That the Minutes of the Occupational Health, Safety & WelfareCommittee Meeting held on 27th May 2010 be received and the recommendations contained therein, and attached, be adopted.

CARRIED UNANIMOUSLY

5.6. Recreation Centre Management Committee

OC 10/0243 Recreation Centre Management Committee

Moved: Cr E Cooper Seconded: Cr D Michelmore

That the Minutes of the Recreation Centre Management CommitteeMeeting held on 8th June 2010 be received and the recommendationscontained therein, and attached, be adopted.

CARRIED UNANIMOUSLY

Monday, 21 June 2010 Ordinary Council Minutes

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5.7. Southern Communities Transport Advisory Committee

OC 10/0244 Southern Communities Transport Advisory Committee

Moved: Cr D Michelmore Seconded: Cr D Sinclair-Warren

That the Minutes of the Southern Communities Transport AdvisoryCommittee Meeting held on 19th May 2010 be received and the recommendations contained therein, and attached, be adopted.

CARRIED UNANIMOUSLY

5.8. Southern Fleurieu Youth Advisory Committee

OC 10/0245 Southern Fleurieu Youth Advisory Committee

Moved: Cr D Michelmore Seconded: Cr P Chigwidden

That the Minutes of the South Fleurieu Youth Advisory CommitteeMeeting held on 18th May 2010, and attached, be received.

CARRIED UNANIMOUSLY

6. ITEMS LYING ON THE TABLE

6.1. Food Van Licence

OC 10/0246 Food Van Licence

Moved: Cr E Cooper Seconded: Cr P Lewis

That Agenda Item number 9.2.1 entitled “Application for Extension of Trading” from the Council Meeting of 17th May 2010 be raised from the table.

CARRIED UNANIMOUSLY

OC 10/0247 Food Van Licence

Moved: Cr P Chigwidden Seconded: Cr D Michelmore

That approval be granted to Mr L Rodrigues for a Licence to operate his food van in the Bluff area, for the period 1st July 2010 to 30th June 2011.

CARRIED

OC 10/0248 Food Van Licence

Moved: Cr D Michelmore Seconded: Cr P Lewis

That approval be granted to Mr L Rodrigues for an extension of operatingdays to include Monday and Tuesday of each week for the period 1st July

Ordinary Council Minutes Monday, 21 June 2010

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2010 to 31st October 2010.

LOST

OC 10/0249 Food Van Licence

Moved: Cr D Michelmore Seconded: Cr P Lewis

That approval be granted for an extension to the goods sold to include hotdogs, mini pizzas, home made pies and soup.

CARRIED

OC 10/0250 Food Van Licence

Moved: Cr P Lewis Seconded: Cr P Chigwidden

That the Mayor and City Manager be authorised to sign and seal thelicence documentation.

CARRIED UNANIMOUSLY

7. MAYORAL REPORT

OC 10/0251 Mayoral Report

Moved: Cr P Chigwidden Seconded: Cr K Ewens

That the report be received.

CARRIED UNANIMOUSLY

8. PLANNING & REGULATORY SERVICES

8.1. Planning

8.1.1. Monthly Report – May 2010

OC 10/0252 Monthly Report - May 2010

Moved: Cr D Michelmore Seconded: Cr D Sinclair-Warren

That the Planning & Regulatory Services Department Report be received.

CARRIED UNANIMOUSLY

Monday, 21 June 2010 Ordinary Council Minutes

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9. ENVIRONMENT & INFRASTRUCTURE SERVICES

9.1. Infrastructure Matters

9.1.1. Welch Road Development – Public Street Lighting

OC 10/0253 Welch Road Development - Public Street Lighting

Moved: Cr D Sinclair-Warren Seconded: Cr P Chigwidden

That council provide endorsement to proceed with the public lighting forthe Welch Road, Victor Harbor housing development with an annualcombined cost increase to the public lighting tariff charges of $736.89 (GST inclusive), per annum.

CARRIED UNANIMOUSLY

9.1.2. Day Road Closure – Community Request

OC 10/0254 Day Road Closure - Community Request

Moved: Cr P Lewis Seconded: Cr D Michelmore

That Council proceed to an investigation of a partial closure of Day Road and the preferred methodology to effect such closure; ensuring during theselected process that the required consultation process is conducted.

CARRIED UNANIMOUSLY

9.1.3. Victor Harbor Foreshore Renewal – Design Plans

Cr Ewens advised Council that in the past she has declared a conflict of interest on this subject due to having a personal interest in a licence within the foreshore amusement area but she no longer has an interest in the licence or the business which have been sold.

OC 10/0255 Victor Harbor Foreshore Renewal - Design Plans

Moved: Cr D Sinclair-Warren Seconded: Cr P Chigwidden

That Council endorse the Victor Harbor Foreshore Renewal Design Plansfor stage construction based on funding availability and project management being engaged in accordance with the budget allocated.

CARRIED UNANIMOUSLY

Cr Trezise foreshadowed the following additional motion:

OC 10/0256 Victor Harbor Foreshore Renewal - Design Plans

Moved: Cr K Trezise Seconded: Cr D Sinclair-Warren

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That Council undertake in the future, close monitoring of ongoing costsassociated with this project and relevant future stages.

CARRIED

9.2. Open Space

9.2.1. Soldiers Memorial Gardens Conservation Management Plan

OC 10/0257 Soldiers Memorial Gardens Conservation Management Plan

Moved: Cr P Lewis Seconded: Cr d Sinclair-Warren

That Council allocate $15,000 in the draft 2010/11 budget for the update ofthe Soldiers Memorial Gardens Conservation Management Plan, 1997.

CARRIED UNANIMOUSLY

9.3. Waste Management

9.3.1. Fleurieu Regional Waste Authority Minutes

OC 10/0258 Fleurieu Regional Waste Authority Minutes

Moved: Cr K Trezise Seconded: Cr P Chigwidden

That the Minutes of the Fleurieu Regional Waste Authority Meeting heldon 3rd June 2010 be received and the recommendations contained therein, and attached, be adopted.

CARRIED UNANIMOUSLY

9.3.2. Fleurieu Waste Management Authority – Budget Approval

OC 10/0259 Fleurieu Waste Management Authority - Budget Approval

Moved: Cr d Michelmore Seconded: Cr E Cooper

That Council approve the draft Fleurieu Regional Waste Authority annualbudget for the 2010/2011 financial year.

CARRIED UNANIMOUSLY

10. CORPORATE & COMMUNITY SERVICES

10.1. Finance

Monday, 21 June 2010 Ordinary Council Minutes

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10.1.1. Financial Report as at 31st May 2010

OC 10/0260 Financial Report as at 31st May 2010

Moved: Cr K Ewens Seconded: Cr D Sinclair-Warren

1. That the Major Unspent Grants Reserve be established, fordeposit of major grants paid in advance; and

2. That the Financial Report as at 31st May 2010 be received as presented.

CARRIED UNANIMOUSLY

10.2. Corporate Services

10.2.1. Returned Services League – Licence Conditions

OC 10/0261 Returned Services League - Licence Conditions

Moved: Cr D Sinclair-Warren Seconded: Cr P Lewis

That the report be received.

CARRIED UNANIMOUSLY

Cr Trezise foreshadowed a further motion:

OC 10/0262 Returned Services League - Licence Conditions

Moved: Cr K Trezise Seconded: Cr D Sinclair-Warren

That the Director of Corporate &Community Services seek a meetingwith the RSL Executive to clarify the conditions and insist on compliance with the Lease.

CARRIED UNANIMOUSLY

10.2.2. Victor Harbor Country Markets

OC 10/0263 Victor Harbor Country Markets

Moved: Cr P Chigwidden Seconded: Cr D Michelmore

1. That a 12 month Licence to 30th June 2011, be granted to Victor Harbor Country Markets to operate their Market on Soldiers Memorial Reserve.

2. That the total number of Markets approved for 2010/2011 be 28 asper listing and that Council will not approve additional dates.

3. That the Special Conditions to the Licence be as listed.

4. That the Mayor and City Manager be authorised to sign and seal

Ordinary Council Minutes Monday, 21 June 2010

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the Licence document.

CARRIED UNANIMOUSLY

10.2.3. NAIDOC Week Celebrations

OC 10/0264 NAIDOC Week Celebrations

Moved: Cr D Michelmore Seconded: Cr D Sinclair-Warren

That approval be granted for a rolling road closure for a street march on Tuesday, 6th July 2010, to celebrate the National Aboriginal islanders Dayof Observance Celebrations. The march to commence at 10.00am fromGrosvenor Gardens and proceed down Coral Street to Ocean Street toconclude with a flag raising ceremony on Warland Reserve.

CARRIED UNANIMOUSLY

10.3. Community Services

10.3.1. YES – Youth Engagement Seminar

OC 10/0265 YES - Youth Engagement Seminar

Moved: Cr K Trezise Seconded: Cr K Ewens

That the report be received.

CARRIED UNANIMOUSLY

10.3.2. Victor Harbor Community Grants Program 2009-2010

OC 10/0266 Victor Harbor Community Grants Program 2009-2010

Moved: Cr P Chigwidden Seconded: Cr K Ewens

That the following applications for funding under the City of VictorHarbor Community Grants Program 2009/2010 be approved:

• Encounter Centre – $198 for a camera for use in record keeping, promotion and reporting

• South Australian Country Fire Services - $500 for transport for the Victor Harbor Group CFS Cadet Training Program

• Penguin Club of Australia – Victor Harbor Group - $300 as contribution to production of a book of speeches as an educationaltool, and for use in promoting the Penguin Club to youngerpotential members

• Southern Fleurieu Health Services (Youth Health and WellbeingProject) - $500 for the “Stories of Us” project which would involve students from Victor Harbor High School producing a short filmon the issue of bullying for use as peer education resource

• Southern Fleurieu Health Service (Young Mum’s C.A.F.F.E.) - $500 to assist young mothers to access the Busy Bugs Active Playgroup

• Fleurieu Multicultural Community Group - $500 to support activities of the group, including workshop presenters,

Monday, 21 June 2010 Ordinary Council Minutes

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promotional materials and meeting costs • Tulips Support Group - $500 to purchase reference books and

equipment to support the development of drama and theatre groupfor children who suffer Autism Spectrum Disorders

• Victor Harbor Branch of the CWA - $700 as contribution towards replacement of floor coverings to improve safety and hygiene forusers of the CWA hall.

• South Coast Mental Health Network - $400 to support activities of the group, including guest speakers, promotional materials andmeeting costs

• Victor Harbor High School (Special Education Unit) - $400 towards a healthy eating program for students attending the Special Education Unit.

• Ngarrindjeri Por:lar Indigenous Playgroup - $500 for indigenous and non-indigenous toys for an Aboriginal Playgroup in VictorHarbor.

CARRIED UNANIMOUSLY

10.4. Governance

10.4.1. Victor Harbor Farmers Market – Review

OC 10/0267 Victor Harbor Farmers Market - Review

Moved: Cr D Sinclair-Warren Seconded: Cr K Ewens

That Council support the continued use of the Grosvenor Gardens as thesite for the Farmer’s Market subject to renewal of a formal hire agreementthat covers the standard hire arrangement conditions and provisions thatapply to Council property, and that also includes the following specificconditions:

i) Development approval is required to be sought andobtained under the Development Act 1993 for anyincrease in stall numbers above 20 for any one market day, and any increase in stall size beyond 3m x 3m, or forany other reason outside of the conditions ofdevelopment approval 453/634/08.

ii) No more than thirty stalls of 3m x 3m dimensions (or partthereof) are permitted on any one market day.

iii) The payment of a hire fee of $250 for each date ofoperation effective from 1 July 2010.

iv) A one-off contribution to a maximum of $3000 is requiredto be paid for the upgrade of power supply. The upgradewill provide for 8 circuits in total (4x 15amp and 4x 10amp).

v) The configuration of markets is to be such that allparking provisions within adjoining streets can be metand maintained by stall-holders.

Ordinary Council Minutes Monday, 21 June 2010

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vi) The provision of waste receptacles additional to thoseprovided in Grosvenor Gardens and the removal of all market related waste from the site at the conclusion ofmarket days is the responsibility of the Farmers Market.

vii) No dogs are permitted in the markets area on marketdays. The Farmers Market is responsible for theprovision and erection of temporary signs to this effect at pedestrian access points to the site, and the removal ofthose signs at the conclusion of each market day.

viii) Perforated matting must be used by each stall holder onturf areas to minimise park surface damage.

ix) The customer frontages of stalls are to abut the paved walkways in the park to minimise surface damage to turf.Where this cannot be achieved for practical reasons (suchas customer circulation), alternative arrangements,including the use of perforated mats, may be used with the approval of Council’s Group Leader of Open Space.

x) The hire agreement will expire on 30 June 2011. Extensionmay be granted subject to further application and review.

CARRIED UNANIMOUSLY

OC 10/0268 Victor Harbor Farmers Market - Review

Moved: Cr P Lewis Seconded: Cr P Chigwidden

That Council commit 20% of the Grosvenor Garden hire fee for theFarmers Market to Council’s Economic Development Fund.

CARRIED UNANIMOUSLY

OC 10/0269 Victor Harbor Farmers Market - Review

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

That Council remove the Stuart Street two hour parking time limitbetween Torrens Street and Coral Street for weekend parking only.

CARRIED UNANIMOUSLY

Monday, 21 June 2010 Ordinary Council Minutes

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OC 10/0270 Victor Harbor Farmers Market - Review

Moved: Cr D Michelmore Seconded: Cr K Trezise

That Council commit sufficient funds from the Economic DevelopmentReserve (estimated at $9000) to ensure adequate security for the powersupply infrastructure located in Grosvenor Gardens.

CARRIED UNANIMOUSLY

10.4.2. 75 Years of TocH in Victor Harbor

OC 10/0271 75 Years of TocH in Victor Harbor

Moved: Cr P Chigwidden Seconded: Cr D Michelmore

That council endorse the convening of a civic reception (as outlined) on Friday, 17th September 2010 to acknowledge the 75th anniversary of TocH having a presence in Victor Harbor.

CARRIED UNANIMOUSLY

10.4.3. Internal Review of Council Decision

OC 10/0272 Internal Review of Council Decision

Moved: Cr P Chigwidden Seconded: Cr D Michelmore

a. That the report be received and Council reaffirm its decision of 15th March 2010 to approve road closures forthe South Australian Tarmac Rally Championship onSaturday, 22nd May 2010.

b. That Ms Michelmore be advised –

c. That the decision has been reviewed and re-affirmed; and

d. That the council policy on festivals and events is currently under review and her feedback will be considered with anycontributions received through broader consultation.

CARRIED

10.4.4. Annual Review of Council’s Delegations Register

OC 10/0273 Annual Review of Council's Delegations Register

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

That 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 hereby revokes its previous delegations to the City

Ordinary Council Minutes Monday, 21 June 2010

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Manager of those powers and functions under the following:

Community Titles Act 1996

Development Act 1993 and Regulations under Development Act 2008

Dog and Cat Management Act 1995

Environment Protection Act 1993 and Environment Protection (Waste Management) Policy 1994

Environment Resources and Development Court Act 1993

Expiation of Offences Act 1996

Fences Act 1975

Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005

Food Act 2001

Freedom of Information Act 1991

Housing Improvement Act 1940

Land and Business (Sale and Conveyancing) Act 1994

Liquor Licensing Act 1997

Local Government Act 1934

Local Government Act 1999 (except Council Policy/Decision delegations)

Natural Resources Management Act 2004, The Natural Resources Management (General) Regulations 2005 and the Natural Resources Management (Transitional Provisions - Levies) Regulations 2005

Occupational, Health, Safety and Welfare Act 1986

Public and Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008

Roads (Opening and Closing) Act 1991

Road Traffic Act 1961, the Road Traffic (Miscellaneous) Regulations 1999 and the Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999.

Support Residential Facilities Act and Regulations 1992

Unclaimed Goods Act 1987

CARRIED UNANIMOUSLY

OC 10/0274 Annual Review of Council's Delegations Register

Moved: Cr K Trezise Seconded: Cr P Chigwidden

Monday, 21 June 2010 Ordinary Council Minutes

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That Council hereby revokes its previous delegations to its DevelopmentAssessment Panel under the Development Act 1993 and DevelopmentRegulations 2008.

CARRIED UNANIMOUSLY

OC 10/0275 Annual Review of Council's Delegations Register

Moved: Cr d Sinclair-Warren Seconded: Cr P Lewis

1. Delegations under the Local Government Act 1999

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 Instrument of Delegation contained in Attachment 2 to this report (each of which is individually identified as indicated below), are hereby delegated this 21st day of June 2010 to the person occupying the office of City Manager or person appointed to Act in the position of City Manager subject to the conditions and or limitations specified herein or in the Schedule of conditions in each such proposed Instrument of Delegation.

Community Titles Act 1996

Dog and Cat Management Act 1995

Environment Protection Act 1993

Environment, Resources and Development Court Act 1993

Expiation of Offences Act 1996

Fences Act 1975

Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005

Freedom of Information Act 1991

Housing Improvement Act 1940

Land and Business (Sale and Conveyancing) Act 1994

Liquor Licensing Act 1997

Local Government Act 1934

Local Government Act 1999

Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions – Levies) Regulations 2005

Occupational Health Safety and Welfare Act 1986

Roads (Opening and Closing) Act 1991

Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 1999 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999

Ordinary Council Minutes Monday, 21 June 2010

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Unclaimed Goods Act 1987

Such powers and functions may be further delegated by the City Manager in accordance with Sections 44 and 101 of the Local Government Act 1999 as the City Manager sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

2. In exercise of the power contained in Section 44 of the Local Government Act 1999, the powers and functions under the Fire and Emergency Services Act and Regulations 2005 are hereby delegated this 21st day of June 2010 to the person occupying the position of Fire Prevention Officer.

3. Delegations made under Development Act 1993

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 contained in the proposed instrument of Delegation (Attachment 2) and entitled Delegations Register 2010 are hereby delegated this 21st day of June 2010 to the person occupying the office of City Manager or to a person Acting in the position of City Manager, 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.

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.

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 contained in the proposed Instrument of Delegation (Attachment 2) and entitled Delegations Register 2010 and which are specified below are hereby delegated to the Council’s Development 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.

Paragraph Numbers:

6.1 – 6.2 inclusive; 8.1B; 8.2; 8.3; 9.1; 9.2.1; 9.2.2; 9.2.3.1; 9.2.3.2; 9.3; 9.4.1; 9.4.2; 9.5; 11.3 a & b; 12.00.3; 12.4; 12.5; 12.6; 12.8; 12.9; 13.1.1; 13.1A.1; 13.1B; 13.1B.3; 13.1B.4; 13.2 inclusive; 14.1; 14.5; 14.5B; 14.5C; 14.6; 15; 16; 17; 17A; 18; 21.2; 23 inclusive; 24.3; 24.4; 24.4A; 33.1; 34.1; 50.1.1; 50.1.2; 56.2

4. Delegations made under the Food Act 2001

In exercise of the powers contained in Section 91 of the Food Act 2001, the powers and functions under the Food Act 2001 contained

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in the proposed Instrument of Delegation (Attachment 2) and entitled Delegations Register 2010 are hereby delegate this 21st day of June 2010 to the person occupying the office of City Manager or to the person Acting in the position of City Manager 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.

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 Food Act 2001.

5. Delegations made under the Public and Environmental Health Act 1987

In exercise of the power contained in Section 6 of the Public and Environmental Health Act 1987, the powers and functions under the Public and Environmental Health Act 1987, the Public and Environmental Health (Waste Control) Regulations 1995 and the Public and Environmental Health (Legionella) Regulations 2008 contained in the proposed Instrument of Delegation (Attachment 2) and entitled Delegations Register 2010 are hereby delegated this 21st day of June 2010 to the person occupying the office of City Manager or to the person Acting in the position of City Manager subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.

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 Public and Environmental Health Act 1987.

6. Delegations under Supported Residential Facilities Act 1992

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 (Attachment 2) entitled Delegations Register 2010 are hereby delegated this 21st day of June 2010 to the person occupying the office of City Manager subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Support Residential Facilities Act 1992.

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 Supported Residential Facilities Act 1992.

Ordinary Council Minutes Monday, 21 June 2010

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7. Authorisations under the Road Traffic Act 1961

That, in accordance with the Notice to the Council dated 17 June 2006 from the Minister for Transport and Urban Planning (“the Minister’s Notice”), the Council authorises the following officers to exercise, for, and on behalf of the Council, the power conferred on the Council pursuant to the following clauses of the Minister’s Notice in relation to the Road Traffic Act 1961:

Clause A.1 – Traffic Control Devices

City Manager Director Corporate and Community Services Director Environment and Infrastructure Services Manager Infrastructure Infrastructure Officer Technical Support Co-ordinator Group Leader Operations

Clause A.7 – Traffic Impact Statement

City Manager Director Corporate and Community Services Director Environment and Infrastructure Services Manager Infrastructure Infrastructure Officer Technical Support Co-ordinator Group Leader Operations

Clause B.1 – Speed Limits at works on roads

City Manager Director Corporate and Community Services Director Environment and Infrastructure Services Manager Infrastructure Infrastructure Officer Technical Support Co-ordinator Group Leader Operations

Clause C.1 – Traffic Control Devices - signs at works on roads

City Manager Director Corporate and Community Services Director Environment and Infrastructure Services Manager Infrastructure Infrastructure Officer Technical Support Co-ordinator Group Leader Operations

Clause D.1 – Temporary Parking Controls

City Manager Director Corporate and Community Services Director Environment and Infrastructure Services Manager Infrastructure

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Infrastructure Officer Technical Support Co-ordinator Group Leader Operations

Clause E.1 –Specific approval for the installation, maintenance, operation, alteration or removal of any traffic control device in the council area by another authority

City Manager Director Corporate and Community Services Director Environment and Infrastructure Services Manager Infrastructure Infrastructure Officer Technical Support Co-ordinator Group Leader Operations

Subject to –

(i) the conditions contained in the Minister’s Notice; and

(ii) where applicable the conditions contained within the “Notice from the Commissioner of Highways for the Temporary use of Traffic Control Devices by persons other than Road Authorities” dated 8 April 2002, as amended from time to time;

(iii) any conditions contained in this resolution or in the instrument; and

(iv) the creation of a separate instrument in writing reflecting such authorisations under the Minister’s Notice and this resolution;

The said instrument shall be in substantially the same form as the proposed instrument of authority attached to the report and is entitled ‘Authorisations under the Road Traffic Act 1961’ and is incorporated at Part C of the Delegations Register 2010 provided as part of Attachment 1.

In exercise of the power contained in, and in accordance with, Clause F.1 (the power to close roads and grant exemptions for road events) of the Notice to the Council dated 17 June 2006 from the Minister for Transport (“the Minister’s Notice”) and attached to this report, the power contained in Section 33(1) of the Road Traffic Act 1961 and delegated to the Council pursuant to Clause F, of the Minister’s Notice is here by sub-delegated to the person occupying the office of the City Manager or to the person Acting in the position of City Manager of the Council.

Subject to:

i) The conditions contained in the Minister’s Notice; and

ii) Any conditions contained in this resolution or in such

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instrument and

iii) The creation of a separate instrument in writing reflecting such sub-delegation under the Minister’s Notice and this Resolution.

The said instrument shall be in substantially the same form as theproposed instrument of sub delegation and attached to this reportentitled Authorisations under the Road Traffic Act 1961.

CARRIED UNANIMOUSLY

10.4.5. Election Caretaker Policy

OC 10/0276 Election Caretaker Policy

Moved: Cr K Trezise Seconded: Cr P Chigwidden

That Council endorse the Election Caretaker Policy as presented.

CARRIED UNANIMOUSLY

10.4.6. Victor Harbor Boating Advisory Committee

OC 10/0277 Victor Harbor Boating Advisory Committee

Moved: Cr P Lewis Seconded: Cr D Michelmore

That Council acknowledge the efforts of the Boating Advisory WorkingParty who have been meeting pursuant to Section 90(8) of the Local Government Act 1999 and direct that the Working Party continue in itsintended purpose as defined in their Charter.

CARRIED UNANIMOUSLY

10.4.7. Outstanding Council Resolutions – Status Report

OC 10/0278 Outstanding Council Resolutions - Status Report

Moved: Cr K Ewens Seconded: Cr P Chigwidden

That the Status Report on Council Resolutions as at 11th June 2010 be received as presented.

CARRIED UNANIMOUSLY

Monday, 21 June 2010 Ordinary Council Minutes

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10.5. Property

10.5.1. Hardy Street Road Sale

OC 10/0279 Hardy Street Road Sale

Moved: Cr D Michelmore Seconded: Cr D Sinclair-Warren

That Council give notice of its intent to amend the Council decision of21st December 2009 at its next meeting (19th July 2010), with the amended resolution to read (changes in Italics).

1. That Council continue with the proposed road closures and sale of the portion of land from Hardy Street as identified inPreliminary Plan 09/0044, being an area of approximately 172square metres, as per the previous Council Resolution OC09/0203 18th May 2009.

2. That subject to Council’s policy on ‘Sale and Disposal of Council Land and Other Assets’ and limited market options,Council identifies that the sale or transfer of public road orother land by open market or tender process is not appropriateon this occasion.

3. That the transfer of the land be subject to an encumbrance, land management agreement or some other legal covenant thatensures that future development on 6-8 Hardy Street and the subject portion of road reserve does not exceed 33.91 metres (Australian Height Datum) in height. With the legal cost of establishing such land management agreement and agreement toenter such, being evenly shared between the Council andpurchaser of the road reserve land.

4. That the Mayor and City Manager be authorised to sign andseal associated documentation.

5. That for the purpose of transparency, a full copy of this reportand the final resolution of Council be sent to each of theobjectors who provided a written submission in this matter.

CARRIED UNANIMOUSLY

11. REPRESENTATIVES REPORTS

11.1. Carrickalinga Board of Management

11.2. Southern & Hills Local Government Association

Barossa Council have advised their resignation from S&HLGA effective 30th June 2011. They have taken the decision that their Local Government alliances are stronger with Mallala, Light and Gawler Councils.

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11.3. South Australian Regional Organisation of Councils (SAROC) Meeting

11.4. Granite Island Management Committee

11.5. Inman River Catchment Group

11.6. National Sea Change Taskforce

11.7. Victor Harbor Coastcare

Minutes of meeting held 18th May 2010 attached to the agenda.

11.8. Encounter Group (Youth Week)

Minutes of meeting held 22nd April 2010 attached to the agenda. The next meeting is scheduled for 24th June 2010.

11.9. Fleurieu Community Road Safety Group

Minutes of meeting held 17th May 2010 attached to the agenda.

11.10. Fleurieu Alliance

Minutes of meeting held 12th May 2010 attached to the agenda.

11.11. Victor Harbor High School Governing Council

Report prepared by Cr Trezise attached to the agenda.

11.12. Provincial Cities Association of South Australia

City of Victor Harbor’s membership ceases with Provincial Cities Association on 30th June 2010.

11.13. Fleurieu Peninsula & Kangaroo Island Waste Management Board

Report prepared by Cr Trezise attached to the agenda.

11.14. Murray Darling Association

Report prepared by Cr Trezise attached to the agenda.

11.15. Hindmarsh Tiers Biodiversity Group

11.16. Southern Fleurieu Coastal Reference Group

11.17. Ranges to River NRM Local Government Group

11.18. LGA State Executive

Minutes of meeting held 20th May 2010 attached.

11.19. S A Water Re-Use Group

11.20. Hills, Fleurieu & KI Regional Development Australia Board

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11.21. Other – Hills Fleurieu & Kangaroo Island Zone Emergency Management Committee

12. MATTERS OF URGENCY

Nil.

13. QUESTIONS ON NOTICE

13.1. Questions on Notice – Question to the Mayor (Cr Trezise)

At the Council meeting of Monday, 17th May 2010 Cr Trezise asked the following question of the Mayor which was taken on notice.

Are you able to give a guarantee to the elected members and the Victor Harbor community that beyond your current temporary employment, you will not accept any permanent position from the State Government that will disrupt your capacity to be a full time Mayor, in your own words a 24/7 Mayor, for the remainder of this term?

Answer

No. I reserve my right in common with all Local Government elected members in this State to consider acceptance of any employment opportunities that are presented to me. When considering employment opportunities, I will have regard for the flexibility the position offers that will accommodate my Mayoral responsibilities. Beyond any employment obligations, I will give my full time and attention to my role as Mayor of the City of Victor Harbor.

OC 10/0280 Questions on Notice - Question to the Mayor (Cr Trezise)

Moved: Cr K Trezise Seconded: Cr P Lewis

That the question on notice from Cr Trezise regarding the Mayor’s employment circumstances and the answer thereto be received.

CARRIED UNANIMOUSLY

13.2. Questions On Notice – Executive Contracts (B Bond)

At the Council meeting of 17th May 2010 the following question was taken on notice from Ms. Barbara Bond.

When do the contracts of employment expire for the City Manager and the 3 Directors? And when will those positions be advertised?

The question was taken on notice.

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Answer:

The City Manager’s contract expires in November 2012. Section 98 of the Local Government Act 1999 recognises that Council has the option on expiry of the CEO’s contract to re-appoint the current incumbent or to open the position to contestability by advertising for applications.

Section 103 of the Local Government Act establishes that the City Manager (CEO) has responsibility for all human resources matters. Appointment of the Directors is the responsibility of the City Manager.

The contracts for the Directors expire as follows:

Corporate & Community Services - April 2011

Environment & Infrastructure Services – position currently being advertised

Planning & Regulatory Services – May 2013

The City Manager may choose to re-appoint, promote internally, advertise or restructure the positions.

OC 10/0281 Questions on Notice - Executive Contracts (B Bond)

Moved: Cr K Ewens Seconded: Cr D Michelmore

That the Question on Notice regarding Executive Contracts from Ms. B. Bond and the answer thereto be received.

CARRIED UNANIMOUSLY

13.3. Questions from the Gallery – Members’ Allowances

At the Council meeting of 17th May 2010 the following questions were asked of the City Manager by Mr Roy Jones and were taken on notice.

As a ratepayer of the City of Victor Harbor who contributes to the Allowances of the Mayor and Elected Councillors, I would like to ask the following questions:

a) During the Mayor’s campaign for a position in the State Government – did she receive full mayoral allowances and expenses, and now she has full employment with the state government will she still receive the full mayoral allowances and expenses?

b) Will Councillor Ruciak receive her full allowances now that she is to take 4 months leave of absence?

Does Council believe it is getting value for the money?

A simple YES or NO please.

I believe this question does not warrant being taken on notice.

Answer

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Elected Members are paid an allowance pursuant to Section 76 of The Local Government Act 1999. The minimum and maximum allowances payable are defined in the Local Government (Members Allowances and Benefits) Regulations 1999. Until 2009 elected members determined their own allowances within the range prescribed by the regulations. From 2010 onwards, allowances will be determined by an independent Remuneration Tribunal.

Allowances are currently paid quarterly in advance.

In answer to the specific questions I provide the following.

a) The Mayor has continued to receive her approved allowances and expenses.

b) Councillor Ruciak continues to receive her allowance, as have all elected members who have taken leave of their duties during the current council term. Members seek leave for a variety of reasons including holidays, employment, health and study. The current 4 year term of office for councillors is a large commitment and it is probably not unreasonable to expect that in that time there will be circumstances arise that necessitate a break from council responsibilities.

Does council believe it is getting value for money? Such a question begs a subjective answer and it is more appropriate that the electors make such a determination. Service as an elected member is not a position of employment. The allowance that is paid is intended to cover costs incurred personally as a consequence of service as an elected member and includes (but is not limited to):

Home office Telephone expenses Stationery Postage Provision and maintenance of clothing for council functions Equipment requirements such as fax and computer plus consumables and operating costs Travel Publications Research costs Interruption to personal and private affairs

Over the course of a 4 year term in office an elected member’s contribution would far exceed the allowance received.

There is no provision that would preclude an elected member from holding or accepting employment (unless the employment offer was with the council) during their term on Council.

There is no obligation for an elected member to forfeit their allowance.

OC 10/0282 Questions on Notice - Members' Allowances

Moved: Cr P Chigwidden Seconded: Cr D Sinclair-Warren

That the Questions on Notice from Mr Roy Jones regarding elected members’ allowances and the answers thereto be received.

CARRIED UNANIMOUSLY

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13.4. Question on Notice – Community and Council Committees (J Dunsmuir)

At the Council meeting of 17th May 2010 the following question from Mr. J Dunsmuir was taken on notice.

In last week’s copy of the Times newspaper, you were quoted as being a member of 30 community/council committees. Can you supply myself and the ratepayers a copy of all 30 committees and how often you actually attend these committees?

Answer

It is recorded in the Minutes that I would respond directly to Mr Dunsmuir; however on review of the written question, I believe that because this question was asked on behalf of himself and the ratepayers of Victor Harbor, the most appropriate form of response is via this formal report to council.

I am pleased to say that I am a member of the following community/council committees:

As Mayor, I am ex-officio on the following Council Section 41 Committees: Tourism Victor Harbor Recreation Centre Management Committee Community Library Advisory Committee Heritage Advisory Committee Old School Building Community Centre Management Group Victor Harbor Recreation & Sport Advisory Committee Disability Access Advisory Committee Audit Committee Victor Harbor Boating Facilities Working Party Victor Harbor Main Street Precinct Committee As Mayor I am also ex-officio on the following Regional Section 41 Committees: Southern Communities Transport Scheme Fleurieu Region Community Services Advisory Committee As Mayor I am representative on the following Regional Bodies: Regional Swimming Pool Committee Fleurieu Alliance Southern & Hills Local Government Association

OTHER REPRESENTATIVE APPOINTMENTS

Australian Council of Local Government – steering committee member South Australian President of TocH State Executive of Local Government Association (Proxy) South Australian Regional Organisations Committee (SAROC) Proxy) Granite Island Management Committee National Sea Change Task Force Executive (Deputy Chair) Member of Victor Harbor RSL Committee Member of Women’s and Children’s Auxiliary – Goolwa/Victor Harbor Member of Encounter Centre Board Victor Harbor Rotary Club Victor Harbor Business Association Victor Harbor R-7 Governing Council

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Victor Harbor High School Billabong Project

I also attend regular open forums in the Encounter Schoolies Week.

My attendances at meetings are recorded in the various meeting minutes produced.

OC 10/0283 Question on Notice - Community and Council Committees (J Dunsmuir)

Moved: Cr E Cooper Seconded: Cr P Chigwidden

That the question on Notice from Mr J Dunsmuir regarding the Mayor’sinvolvement in community/council committees and the answer thereto bereceived.

CARRIED UNANIMOUSLY

13.5. Question on Notice – Ocean Street Maintenance (B Bond)

At the Ordinary Meeting of Council dated 17th May 2010 the following question was asked from the gallery by Ms Barbara Bond to the Director of Environment and Infrastructure Services:-

When will Council mark/identify those risk areas identified in an inspection of Ocean Street and McKinlay Street on 21st April 2010 by Ms Bond, Peter Wilsdon, a staff member and another Victor Harbor resident?

The Director of Environment and Infrastructure Services took the question on notice.

Answer:

Following the inspection Peter Wilsdon, Operations Manager engaged contractor DIG paving to rectify those trip hazards identified as significant to public safety. This work is anticipated to commence in Ocean Street in early June 2010. Some delays in commencement of works were experienced due to unavailability of the contractor at an earlier time. DIG Pavers will be attending to disabled access needs for several shops at same time.

OC 10/0284 Question on Notice - Ocean Street Maintenance (B Bond)

Moved: Cr D Michelmore Seconded: Cr D Sinclair-Warren

That the question from Ms Barbara Bond and the answer thereto inregard to Ocean Street and McKinlay Street maintenance be received.

CARRIED UNANIMOUSLY

13.6. Question on Notice – Rapid Drive Footpaths (P Reedman)

At the Council meeting of 17th May 2010 the following question from Mr. P Reedman was Taken on Notice.

It seems that constructing a footpath in a section of Rapid Drive was part of the budget approved in July 2009.

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Why is it in mid May that it is found that it is too late to call tenders and that an alternative method of finding a suitable contractor has to be found and what has been done to avoid this happening in the future?

This is another indication of the slack management which caused budgeted programmes to either be held over or bungled because of being rushed.

The question was taken on notice.

Answer:

The Rapid Drive footpath project has been the subject of some controversy and exposed to considerable consultation over the past 2 – 3 years. The footpath should be constructed as soon as possible in order to ensure the safety of pedestrians in the McCracken area. Construction activities have been provided for in the 2009/10 budget and a resolution of the preferred contractor now requires some urgency in order to complete the project in the current financial year.

The Environment and Infrastructure Department request that Council endorse a competitive pricing process of three written Quotations as the appropriate procurement method for the construction of the footpath on Rapid Drive, due to the urgency of the requirement and the limited number of contractors offering the services. The Quotation process is expected to avoid the lengthy delay associated with the tender process of approximately four to six weeks.

Due to Council meeting frequencies, the Environment and Infrastructure Department also request that the City Manager be delegated authority to accept and enter into contract with the preferred contractor. This will ensure construction activities are completed within the 2009/10 financial year.

OC 10/0285 Question on Notice - Rapid Drive Footpaths (P Reedman)

Moved: Cr K Trezise Seconded: Cr P Chigwidden

That the question from Mr P Reedman regarding Rapid Drive Footpathsand the answer thereto be received.

CARRIED UNANIMOUSLY

13.7. Question on Notice – Yacht Club Car Park (P Reedman)

At the Council meeting of 17th May 2010 Mr P Reedman made the following statement which was followed by a question taken on notice.

In his response to the questions I raised on March 10th this year, the City Manager indicated that he could not understand how my question regarding the resurfacing of the car park at the Victor Harbor Yacht Club related to my questions relating to the ownership of the buildings used by the Club. It does not.

The original question which was not answered satisfactorily related to an expenditure of some $11,000 for work done to the electrical services in the building.

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Therefore the ownership of the building and any leasing arrangements are relevant to the question. If the building is indeed owned by the Council then it would surely be listed as an asset and a detailed search, as suggested in the reply, to confirm or deny that would not be necessary.

Clause 33.1 of the lease document certainly states “The Council (or its workers) may, at any time, enter the property and carry out improvements, additions, alterations, and any other work”.

The work, I understand, was to upgrade the electrical supply which would be a requirement of the club rather than a need to maintain the building.

Given that the work in the car park was undertaken outside budget guidelines (as admitted by Council) my question is ….

Why was the work carried out, at whose instigation, was it within budget guidelines and under what section of the lease does it fall?

The question was taken on notice.

Answer:

The work on the resheeting and grading of the Yacht Club carpark was carried out at the request of adjoining residents who complained about the dust generated from the carpark surface. Consideration was also given to the need to improve safety to both pedestrian and bike users as well as a need for maintenance for the Australian Sailing Championships held in January 2010.

At the time the request was made, Council staff were engaged in a district wide resheeting program and it was thought by the Manager Operations that the resheeting budget could be allocated in part to improving the surface of the carpark.

The presumption by the Manager Operations that there was sufficient budget money available was at the time a realistic assessment. Urgent unforeseen works however, in other areas of the Council caused the resheeting budget to run into deficit, thus requiring a budget adjustment of $11,000 from the original approved budget. A new budget line for car park maintenance was created to take account of this additional expenditure and was subsequently approved by Council

The works carried out to the car park, which adjoins the Victor Harbor Yacht Club, was not budgeted for in this 2009/10 financial year.

The decision by the Manager Operations to resheet the Yacht Club car park did not, at the time, take account of the lease the Yacht Club had with Council. Maintenance work on the carpark has historically been carried out with the view that Council maintained that car park, not the Yacht Club.

Ordinary Council Minutes Monday, 21 June 2010

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OC 10/0286 Question on Notice - Yacht Club Car Park (P Reedman)

Moved: Cr P Lewis Seconded: Cr E Cooper

That the questions from Mr P Reedman regarding the Victor Harbor Yacht Club and the answers thereto be received.

CARRIED UNANIMOUSLY

14. QUESTIONS WITHOUT NOTICE

14.1. SAPOL Response Time

Cr Ewens who had read of an assault report on a local newsagent in the local paper asked whether Council had made any formal comment to the Police relating to the length of the Police response time which had been reported as taking 1¼ hours.

The City Manager indicated that as he would be meeting with local police within the coming weeks, he will raise the matter.

15. MOTIONS WITHOUT NOTICE

Nil.

16. QUESTIONS FROM THE GALLERY

16.1. Food Van at The Bluff

Mr John Ruxton asked: I would commend Crs Trezise and Sinclair-Warren for their opposition to the extension of the food van licence at the Bluff. I agree with them as do other people I have spoken to at the site (while the van is present). It is disruptive to an otherwise pleasant environment. Would the council please visit the site and observe the considered disruption over the next lease period so that an informed decision could be made before any future extension was granted? Contrary to another evening when an Alpine horn was being played by tourists and most pleasant.

The question was taken on notice.

16.2. Rapid Drive Footpath

Mr Peter Reedman asked: On May 17 I raised the question as to why, when expenditure was approved in the 2009/2010 budget for work on the footpath in Rapid Drive why it was not until May 2010, at the very end of the financial year that there needed to be a degree of panic to obtain quotes for this work.

The response is entirely unsatisfactory, long winded and does not attempt to address the question.

Can I please have a meaningful and respectful response?

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The question was taken on notice.

16.3. Yacht Club

Mr Peter Reedman asked: At the same meeting I raised the question of some electrical work (from memory to the value of some $11,000) undertaken to upgrade the power supply at the premises of the Victor Harbor Yacht Club around the end of last year.

The reply does not respond to the question raised but repeats earlier comments on work undertaken on the car park of the above premises which has no bearing on the question. They were two separate activities, some months apart.

This response however does have one interesting and disturbing comment in that it says in relation to the resheeting of the car park that (and I quote) “The decision by the Manager Operations to resheet the Yacht Club car park did not, at the time, take account of the lease the Yacht Club had with the council”. This would indicate that there could have been some responsibility for the Club to contribute to the cost a situation not really addressed in response to the original car park resheeting question.

Was the lease taken into consideration when the electrical work was done and can I please have a meaningful answer to this question also?

The question was taken on notice.

16.4. Victor Harbor Boating Facilities Working Party

Mr Tim Telfer asked: At a meeting on 9th November 2009, a proposed letter was presented to the working party meeting. The questions are:

• Will we, as a committee, receive a response to issues raised in the meeting of 9th November 2009?

• Should we, as a committee, been informed that the request for money to fund the concept plan for the Eastern Ramp had been decided?

• Will the committee have an opportunity to view and discuss plans for Policeman’s Point area before the plans are finalised?

The questions were taken on notice.

OC 10/0287 Adjournment of Council Meeting

Moved: Cr P Chigwidden Seconded: Cr D Sinclair-Warren

That at 6.53pm the Council meeting be adjourned in order to conduct aPublic Meeting pursuant to section 123 (4) (a) of the Local Government Act 1999 to consider the City of Victor Harbor 2010/2011 Draft AnnualBusiness Plan.

CARRIED UNANIMOUSLY

Ordinary Council Minutes Monday, 21 June 2010

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OC 10/0288 Reconvene Council Meeting

Moved: Cr K Trezise Seconded: Cr D Sinclair-Warren

That at 7.30pm the Council meeting be reconvened to continue with thepublished agenda.

CARRIED UNANIMOUSLY

Pursuant to Section 83(5) of the Local Government Act 1999, it is recommended that the following items be considered in confidence under Part 3, Section 90(2) of the Act.

17. CONFIDENTIAL

17.1. Victor Harbor Heritage Trail Tenders

OC 10/0289 Victor Harbor Heritage Trail Tenders

Moved: Cr P Chigwidden Seconded: Cr D Sinclair-Warren

That pursuant to Section 90(2) & (3) (k) of the Local Government Act 1999 as amended, the public be excluded from the meeting with the exceptionof staff required to service the meeting, to enable the item relating to theVictor Harbor Heritage Trail to be considered in confidence as it relates to tenders for the supply of goods and the carrying out of works.

CARRIED UNANIMOUSLY

The report relating to the matter is filed in Council’s safe

17.2. Landfill Evaporation Pond Construction Tenders

OC 10/0293 Landfill Evaporation Pond Construction Tenders

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

That pursuant to Section 90 (2) & (3) (k) of the Local Government Act 1999, the public be excluded from the meeting, with the exception of staffrequired to service the meeting, to enable this information to be considered in confidence as it relates to consideration of tenders for theprovision of a service and the carrying out of works for the Council.

CARRIED UNANIMOUSLY

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OC 10/0294 Landfill Evaporation Pond Construction Tenders

Moved: Cr D Michelmore Seconded: Cr P Lewis

That completion of construction of the landfill evaporation pond beaward to South Coast Sand & Civil for a lump sum price of $59,650.00GST exclusive.

CARRIED UNANIMOUSLY

OC 10/0295 Landfill Evaporation Pond Construction Tenders

Moved: Cr D Michelmore Seconded: Cr P Chigwidden

That the resolution be released from confidence.

CARRIED UNANIMOUSLY

17.3. Regional Aquatic Facility

OC 10/0296 Regional Aquatic Facility

Moved: Cr P Chigwidden Seconded: Cr D Sinclair-Warren

That pursuant to Section 90(2) & (3) (d) of the Local Government Act 1999,the public be excluded from the meeting with the exception of staffrequired to service the meeting to enable the matter to be considered inconfidence as it involves commercial information of a confidential nature that may prejudice the commercial position of a third party and on balance, would be contrary to the public interest.

CARRIED UNANIMOUSLY

The report and recommendation relating to this matter is filed in Council’s safe.

8.05pm The City Manager, Directors of Corporate & Community Services, Planning & Regulatory Services and Environment & Infrastructure and the Minute Secretary left the meeting.

17.4. City Manager’s Annual Review

OC 10/0299 City Manager's Annual Review

Moved: Cr D Sinclair-Warren Seconded: Cr P Lewis

That pursuant to Section 90(2) & (3)(a) of the Local Government Act 1999as amended, staff and the public be excluded from the meeting to enablethe item on the City Manager’s annual review to be considered in confidence, as it is a personnel matter of potential sensitivity.

CARRIED UNANIMOUSLY

Ordinary Council Minutes Monday, 21 June 2010

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OC 10/0300 City Manager's Annual Review

Moved: Cr K Ewens Seconded: Cr P Chigwidden

That the Review Panel’s assessment of the City Manager’s performance that he has generally exceeded performance requirements be accepted.

CARRIED UNANIMOUSLY

OC 10/0301 City Manager's Annual Review

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

That Council accept the Review Panel’s remuneration proposal for theCity Manager as follows:

• Payment of a 4% increase to the base salary (as determined inSchedule “E” of the City Manager’s Contract) effective from the15th April 2010 and consistent with the September 2009 payincrease for other non-Executive Council staff, and

• A one-off performance bonus of $4,000 for the year 2009/2010.

LAPSED

AMENDMENT

OC 10/0302 City Manager's Annual Review

Moved: Cr K Trezise Seconded: Cr K Ewens

That Council accept the Review Panel’s remuneration proposal for theCity Manager as follows:

• Payment of a 4% increase to the base salary (as determined inSchedule “E” of the City Manager’s Contract) effective from the15th April 2010 and consistent with the September 2009 payincrease for other non-Executive Council staff, and

A one-off performance bonus of $5,000 for the year 2009/2010.

AMENDMENT WAS PUT AND CARRIEDTHE AMENDMENT BECAME THE MOTION AND WAS CARRIED

UNANIMOUSLY

Monday, 21 June 2010 Ordinary Council Minutes

Date : ____________________________________ Chairperson : _______________________________________________

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OC 10/0303 City Manager's Annual Review

Moved: Cr D Sinclair-Warren Seconded: Cr p Chigwidden

That the performance objectives for the ensuing review period (i.e. periodending 15th April 2011), as presented in Attachment D to the report, be endorsed.

CARRIED UNANIMOUSLY

OC 10/0304 City Manager’s Annual Review

Moved: Cr K Trezise Seconded: Cr P Lewis

That discussions occur with the City Manager to consider amending hiscontractual arrangements to incorporate the use of an external facilitatorto undertake the performance and remuneration review and assessmentprocess in future years.

CARRIED UNANIMOUSLY

OC 10/0305 City Manager's Annual Review

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

That the resolutions be released from confidence and the Register ofSalaries and Allowances be amended accordingly.

CARRIED UNANIMOUSLY

18. CLOSURE

The Chair declared the meeting closed at 8.19pm.

City of Victor Harbor

ADOPTED COMMITTEE RECOMMENDATIONS

Date of Council Meeting Monday, 21 June 2010

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Audit Committee Meeting held 7 June 2010

CA 10/0007 Acceptance of Apologies

Moved: Mr R Haslam Seconded: Mayor Corcoran

That the Apologies be accepted.

CARRIED

CA 10/0008 Election of Acting Chairperson

Moved: Mayor Corcoran Seconded: Cr D Sinclair-Warren

That Mr R Haslam be appointed as Acting Chairperson for the currentAudit Committee Meeting.

CARRIED

CA 10/0009 Confirmation of the Minutes of the Previous Meeting

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

That the Minutes of the previous Audit Committee Meeting held on Monday, 1 March 2010 as per copies supplied to members be confirmedas a true and correct record of that meeting.

CARRIED

CA 10/0010 Action List

Moved: Mayor Corcoran Seconded: Cr D Michelmore

The Audit Committee Action List be accepted.

CARRIED

CA 10/0011 Risk Management Progress

Moved: Cr D Michelmore Seconded: Cr D Sinclair-Warren

That the document entitled “Navigating a Path Towards a RiskManagement Culture at the City of Victor Harbor” be received and the

Monday, 21 June 2010 Adopted Committee Recommendations

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content be noted.

That the Audit Committee action list references to a Risk Register beamended to August 2010 to reflect the anticipated completion of anadvanced draft risk register.

CARRIED

CA 10/0012 Internal Audit Reports

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

The Internal Audit Reports be received; and

The recommended remedial actions be presented to management forconsideration and implementation.

CARRIED

CA 10/0013 2009/10 Interim Audit

Moved: Mayor Corcoran Seconded: Cr D Michelmore

The responses to the 2009/10 Interim Audit be actioned;

Dean Newbery and Partners be advised of the Audit Committee’sresponse and actions; and

The recommended changes in asset useful life and residual values beapplied for the year ending 30th June 2010.

CARRIED

CA 10/0014 External Auditor Appointment Process

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

The tender specification be adopted for the supply of external auditservices for the financial years 2010/11 to 2014/15;

Dean Newbery and Partners, John Ewen and Associates, Ian McDonald,PKF, KPMG and Deloitte Touche be invited to tender for the supply ofaudit services as per the specification; and

The Audit Committee recommends a process timeframe to enable theconsideration of its recommendation of appointment to the Septembermeeting of Council.

CARRIED

Adopted Committee Recommendations Monday, 21 June 2010

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CA 10/0015 Review of the operations of Audit Committees

Moved: Cr D Michelmore Seconded: Cr D Sinclair-Warren

The report on the Review of the Operation of Council Audit Committees be received.

CARRIED

CA 10/0016 2009/10 Annual Review

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

The annual self assessment of the Audit Committee for 2009/10 beconducted at a workshop to be held prior to the next meeting;

Results of the annual self assessment be incorporated into the CommitteeCharter, Terms of Reference and 2009/10 Annual Report for considerationby Council.

CARRIED

CA 10/0017 Draft 2010/11 Annual Business Plan Review

Moved: Cr D Sinclair-Warren Seconded: Cr D Michelmore

Comments on the format, content and compliance of draft AnnualBusiness Plan be submitted to Council for consideration.

CARRIED

Community Library Advisory Committee Meeting held 31 May 2010

CCL 10/0006 Apologies

Moved: A Schleider Seconded: Cr D Sinclair Warren

That the apologies from Mayor Corcoran, S Cadman and B Footner bereceived.

CARRIED UNANIMOUSLY

CCL 10/0007 Confirmation of the Minutes of the Previous Meeting

Moved: Cr D Sinclair Warren Seconded: A Schleider

That the Minutes of the Previous Community Library AdvisoryCommittee Meeting held on Monday, 29 March 2010 as per copiessupplied to members be confirmed as a true and correct record of that

Monday, 21 June 2010 Adopted Committee Recommendations

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meeting.

CARRIED UNANIMOUSLY

CCL 10/0008 Christmas/New Year Closure

Moved: Cr K Trezise Seconded: Cr D Sinclair Warren

That the Library opening hours remains as the status quo during theChristmas/New Year period.

CARRIED UNANIMOUSLY

CCL 10/0009 Christmas/New Year Arrangements

Moved: Cr D Sinclair Warren Seconded: A Schleider

That the Director Corporate & Community Services and Acting LibraryManager meet with Mr Percival, to advise the outcome from discussionson the Christmas/New Year arrangements.

CARRIED UNANIMOUSLY

CCL 10/0008 and CCL 10/0009 recommendations were withdrawn and will be dealt with by Council in the future.

CCL 10/0010 Budget Comparison Report

Moved: Cr K Trezise Seconded: A Schleider

That the Budget Comparison Report to 20th May 2010, be received.

CARRIED UNANIMOUSLY

CCL 10/0011 Draft 2010/2011 Library Budget

Moved: A Schleider Seconded: Cr D Sinclair Warren

That the draft 2010/2011 Library Budget be received.

CARRIED UNANIMOUSLY

CCL 10/0012 Library Manager's Report

Moved: Cr K Trezise Seconded: A Schleider

That the Library Manager’s Report on the activities at the Library bereceived.

CARRIED UNANIMOUSLY

Adopted Committee Recommendations Monday, 21 June 2010

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Disability Access Steering Committee Meeting held 26 May 2010

CDA 10/0010 Apologies

Moved: S James Seconded: A Schiller

That apologies be received.

CARRIED

CDA 10/0011 Minutes of the previous meeting

Moved: B Henderson Seconded: S James

That minutes of the previous meeting held 28 April 2010 be confirmed.

CARRIED

CDA 10/0012 Access Awareness Handbooks

Moved: S James Seconded: C Bearup

That Access Awareness handbooks relating to cafes and restaurants,offices and professional services, and retail outlets be purchase at a costof $45.

CARRIED

CDA 10/0013 Recharge scheme for mtorised scooters and electric wheelchairs

Moved: M Dennis Seconded: A Schiller

That a survey to determine the liely demand for a recharge scheme forelectric wheelchairs and motorised scooters, if offered at the library/civiccentre, be undertaken.

CARRIED

Occupational Health, Safety & Welfare Committee Meeting held 27 May 2010

LOHSW 10/0007 Acceptance of Apologies

Moved: P Burton Seconded: A Kairl

That the apologies be accepted.

CARRIED

Monday, 21 June 2010 Adopted Committee Recommendations

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LOHSW 10/0008 Confirmation of the Minutes of the Previous Meeting

Moved: Cr Trezise Seconded: P Burton

That the Minutes of the Previous Occupational Health, Safety & Welfare Committee Meeting held on Wednesday, 17 February 2010 be confirmedas a true and correct record of that meeting.

CARRIED

LOHSW 10/0009 Receival of Human Resource Officer’s Report

Moved: A Kairl Seconded: P Burton

That the Human Resource Officer’s Report be received.

CARRIED

LOHSW 10/0010 Receival of LGA Workers Compensation Data (C.A.T.S)

Moved: P Burton Seconded: M Weaver

That the Local Government Workers Compensation Data (C.A.T.S) bereceived.

CARRIED

LOHSW 10/0011 Receival of Benchmark Statistics

Moved: Cr Trezise Seconded: P Burton

That the Benchmark Statistics be received.

CARRIED

Recreation Centre Management Committee Meeting held 8 June 2010

CRC 10/0018 Apologies

Moved: L Honeyman Seconded: B Waye

That the apologies from Mayor M L Corcoran and G Stewart be received.

CARRIED UNANIMOUSLY

Adopted Committee Recommendations Monday, 21 June 2010

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CRC 10/0019 Confirmation of the Minutes of the Previous Meeting

Moved: D Wilson Seconded: R Ford

That the Minutes of the Previous Recreation Centre Management Committee Meeting held on Tuesday, 13 April 2010 as per copiessupplied to members be confirmed as a true and correct record of thatmeeting.

CARRIED UNANIMOUSLY

CRC 10/0020 Correspondence (In)

Moved: L Honeyman Seconded: R Ford

That the correspondence be received.

CARRIED UNANIMOUSLY

CRC 10/0021 Bookings Report

Moved: D Wilson Seconded: L Honeyman

That the Recreation Centre Bookings Report for June and July bereceived.

CARRIED UNANIMOUSLY

CRC 10/0022 Finance Report

Moved: R Ford Seconded: P Crawford

That the Budget Comparison Report to 2nd June 2010, be received.

CARRIED UNANIMOUSLY

CRC 10/0023 Draft 2010/2011 Recreation Centre Budget

Moved: L Honeyman Seconded: B Waye

That the draft 2010/2011 Recreation Centre Budget be received.

CARRIED UNANIMOUSLY

CRC 10/0024 Caretaker's report

Moved: D Wilson Seconded: B Waye

That the Caretaker’s report to the 8th June 2010 be received.

CARRIED UNANIMOUSLY

Monday, 21 June 2010 Adopted Committee Recommendations

Date : ____________________________________ Chairperson : _______________________________________________

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Southern Communities Transport Advisory Committee Meeting held 19 May 2010

SCTS 10/0013 Minutes of the previous meeting

Moved: B McFarland Seconded: B Drummond

That minutes of the previous meeting held 21 April 2010 be confirmed.

CARRIED

SCTS 10/0014 Financial, statistical and brokerage reports

Moved: H Bennett Seconded: B Drummond

That financial, statistical and brokerage reports be received.

CARRIED

Victor Harbor Main Street Precinct Committee Meeting held 8 June 2010

VHMS 10/0013 Acceptance of Apologies

Moved: J Harrington Seconded: R Elliott

That the apologies listed for the June 8th Main Street Precinct meeting beaccepted.

CARRIED

VHMS 10/0014 Confirmation of the Previous Meeting’s Minutes

Moved: R Elliott Seconded: Cr. Sinclair-Warren

That the minutes of the previous Victor Harbor Main Street Precinct Committee Meeting held Tuesday 11th May 2010, as per copies suppliedto committee members, be confirmed as a true and correct record of thatmeeting.

CARRIED

VHMS 10/0015 Survey of Main street Precinct Owners and Traders

Moved: C Dutton Seconded: A Kluske

That the Main Street Precinct Committee endorses the Streetscape SubCommittee’s consultation framework (as amended) and subsequent

Adopted Committee Recommendations Monday, 21 June 2010

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distribution of the survey questionnaire.

CARRIED