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AGENDA for the
ORDINARY COUNCIL MEETING to be held on
MONDAY 2 JUNE 2014
commencing at 7.30pm
THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL
29 May 2014
Dear Member
NOTICE OF MEETING
Notice is hereby given pursuant to the Local Government Act 1999 as amended that a Meeting for the Ordinary Council has been called for:-
DATE: Monday 2 June 2014
TIME: 7.30pm
PLACE: Council Chamber, Level 1 60 Tasman Terrace, Port Lincoln
Please find enclosed a copy of the Agenda for the meeting.
Yours sincerely
Rob Donaldson CHIEF EXECUTIVE OFFICER
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A G E N D A COMMITTEE ORDINARY COUNCIL
MEETING DATE Monday 2 June 2014
LOCATION COUNCIL CHAMBERS, LEVEL 1 60 TASMAN TERRACE, PORT LINCOLN
FILE REF AGEN201424
1. PRESENT
2. OPENING PRAYER
“Almighty God, We humbly ask you to bless the work of this Council, direct and prosper its deliberations to the advancement of your message and the true welfare of the people of this City.”
3. APOLOGIES
4. MINUTES OF THE PREVIOUS MEETINGS
Confirmation of the Minutes of the previous Ordinary Council Meeting held on Monday 19 May 2014.
Recommendation
That the Minutes of the previous Ordinary Council Meeting held Monday 19 May 2014 as per copies supplied to members be adopted as a true and correct record of that meeting.
5. BUSINESS ARISING FROM THE MINUTES
6. PETITIONS AND DEPUTATIONS
7. COMMUNITY QUESTION TIME
A letter or written request outlining topics and queries should be submitted to the Chief Executive Officer at the start/or before the meeting.
8. CONFLICT OF INTEREST DECLARATION
City of Port Lincoln Agenda 2 June 2014
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9. MOTION ON THE TABLE
10. ELECTED MEMBERS REPORTS
10.1. Mayoral Report Page 1
10.1.1. Mayor’s Activity Report
10.2. Deputy Mayor’s Report
10.3. Councillors’ Reports
11. NOTICES OF MOTION
Nil
12. QUESTIONS FROM COUNCILLORS
12.1. To Administration Staff on legal procedures and general administrative matters
13. MINUTES AND RECOMMENDATIONS OF COUNCIL COMMITTEES
Nil
14. REPORTS/MINUTES OF COMMUNITY COMMITTEES
Nil
15. REPORTS OF OFFICERS
15.1 Chief Executive Officer Page 2
15.1.1. Correspondence for Information – Native Vegetation Act Significant Environmental Benefit Review
ATTACHMENT N20141146
15.1.2. Correspondence for Information – RDA, LGA & EPNRM Workshop Summary
ATTACHMENT I20144541
15.1.3. Correspondence for Information – The South Australian Distribution Network: Directions and Priorities 2015-2020
ATTACHMENT N20141172
City of Port Lincoln Agenda 2 June 2014
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15.2. Manager Community Infrastructure – Ordinary Report Page 19
15.2.1. Port Lincoln Tennis Association Lease
Recommendation
That pursuant to Local Government Act, 1999 Section 202 and the City of Port Lincoln Community Management Plan No. 1 and Policy 2.63.1, Council seek public comment on the proposal by the Port Lincoln Tennis Association Inc. to enter into a ten (10) year lease deed, commencing 1st July 2014, with a ten year right of renewal, for community land comprised in Certificates of Title Volume 6016 Folio 256 in Deposit Plan H510600, Hundred of Lincoln, Portion of the piece on Hallett Place, and Volume 6018 Folio 141 in Deposit Plan D77953 (Stevenson Street), and that in the event of no negative submissions being received in relation to the proposal the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the lease deed documentation.
15.2.2. Lower Eyre Baseball League Inc - Request to Alter Clubrooms
ATTACHMENT I20143839
Recommendation
That Council’s lessor approval is granted to the Lower Eyre Baseball League to make alterations to the clubrooms to accommodate a canteen facility with an external servery and to enclose the western end of the building, in accordance with the League’s proposal, subject to separately obtaining Development Approval.
16. TABLED PUBLICATIONS AND CIRCULARS
Nil
17. URGENT BUSINESS WITHOUT NOTICE
Nil
18. CONFIDENTIAL MATTERS PURSUANT TO SECTION 90 OF THE LOCAL GOVERNMENT ACT 1999
Recommendation
Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public except, Rob Donaldson - Chief Executive Officer, Katrina Allen - Deputy Chief Executive Officer and Anna Bell – Minute Secretary be excluded from attendance at the meeting for Agenda Item 18.1 External Relations.
The Council is satisfied that, pursuant to section 90(3)(j) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is information the disclosure of which would divulge information provided on a confidential basis by or to: An officer of the Commonwealth Department of Foreign Affairs and Trade, not being an employee of the Council, or a person engaged by the Council.
City of Port Lincoln Agenda 2 June 2014
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The information involves sensitive advice from a Commonwealth Government officer in relation to an external relations matter.
In addition, the disclosure of this information would, on balance, be contrary to the public interest. The public interest in public access to the meeting has been balanced against the public interest in the continued non-disclosure of the information. The benefit to the public at large resulting from withholding the information outweighs the benefit to it of disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because Council will consider advice and its direction in relation to an external relations matter including sensitive advice from a Commonwealth Government officer.
18.1. External Relations
19. NEXT MEETING
Monday 16 June 2014 at 7.30pm.
20. CLOSURE
Agenda Item 10.1
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R E P O R T Committee ORDINARY COUNCIL
Meeting Date Monday 2 June 2014
Report Author Bruce Green - Mayor
File Ref REP201459
1. HEADING
May 14 SAROC meeting in Whyalla
May 15 Training and Skills Commission dinner with Board
May 16 Meeting with Di Smith re Chinese student exchange
May 16 Meeting with Ron Forster re Marina Cove Tripartite Agreement
May 17 Attended the DK Quarries 50 year Celebration Dinner
May 18 Attended the Community Bank CFS and Volunteer Appreciation Day
May 18 Attended the Community House open day
May 20 Tour of Hospital extension with CEO Rob Donaldson
May 20 Meeting with the Press re power costs at Ravendale Sporing Complex
May 21 Attended the SA Power Networks briefing on Directions and Priorities 2015-2020
May 22 Attended the Biggest Morning Tea organised by Marissa Clark
May 22 Attended the Brand EP launch - WEPRDA
May 26 Attended the EP Natural Resources Management Workshop - Future Directions
May 26 Attended the Lincoln Gardens Flag Raising Reconciliation and Sorry Day
May 26 Meeting with the Press 5CC re business plan consultation
May 27 Met with Peter Slegers - Cowell Clarke accounting firm re Port Lincoln opportunity
Bruce Green MAYOR
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1
Working Together for regional outcomes
Local Governments, Regional Development Australia and the Eyre Peninsula
Natural Resources Management Board
Workshop Summary
This report summarises discussion from the workshop held on 25 March 2014 with representatives of the
Eyre Peninsula Natural Resources Management (NRM) Board, local government and Regional
Development Australia Whyalla and Eyre Peninsula Region (RDA).
In total 32 people attended the workshop. All but one of the constituent Councils of the Eyre Peninsula
NRM region were represented at the workshop. Representatives from the RDA and the NRM Board also
attended. A list of attendees is provided in Attachment A.
1.0 Aim of the workshop
The NRM Board has recently commenced the process of reviewing its Regional NRM Plan. The NRM
Board considers local government and the RDA as key stakeholders in this process and understands the
important contribution local government and the RDA can make in helping to delivering NRM
outcomes for the region.
The primary aim of the workshop therefore was to involve local government and the RDA early in the
review process of the Regional NRM Plan, with discussion particularly focusing on understanding how
these organisations currently contribute to NRM in the Region and identify opportunities for local
government, RDA and NRM to work together in the future.
2.0 Workshop process
The workshop was designed to be highly participatory and combined small group discussions with
facilitated whole group discussions. These discussions focussed on:
Generating a common understanding about NRM
Understanding how local government and the RDA contribute to NRM in the region currently
Understanding the opportunities for and barriers to local government and RDA involvement in
NRM
Identifying what and where is valued on the Eyre Peninsula and how these values may be
impacted in the future
As a final activity, an overview of the Board’s Business Plan was presented. This presentation was
followed by facilitated discussion that aimed to clarify:
Local government and the RDA’s immediate priorities for the next year in relation to NRM
Opportunities for NRM, local government and the RDA to work together
Input gathered at the workshop is summarised below.
3.0 Summary of workshop discussion
Generating a common understanding about NRM
In small groups, participants were provided with a range of images and were asked to select one
which represented NRM to them. Each participant then explained to the rest of their group why they
had selected the image. Based on this process, each small group then identified five key words or
phrases to complete the sentence “NRM is about...” and reported back to the whole group.
From this discussion, the following key themes were identified.
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2
NRM is about...
Finding a balance
Discussion highlighted that NRM is about balancing a range of social, economic and
environmental factors. This included managing the interface between different and
sometimes competing land uses and ensuring that natural resources are available for future
generations.
Sustainable use/development
Discussion also highlighted that NRM is about the sustainable management of natural resources
and managing the interaction and integration of development with natural resources. It was
identified that there is often a common misconception that NRM is about preventing
development.
People
People and communities were recognised as being at the heart of NRM. Discussion
highlighted the importance of educating and engaging communities, working together and
actively involving people in looking after what is important to them. Through involvement of
people collective responsibility for NRM can be engendered and ownership of ideas and
actions generated.
Future generations
NRM is about ensuring that natural resources are available for future generations.
Food production
The importance of NRM to food production in the region was identified and the connection
made between well managed natural resources and ongoing productivity of the land.
Water
The availability of water in terms of quantity and quality was identified. It was recognised that
without water the region would not be a productive and vibrant place.
Innovation
NRM is about embracing innovation and looking for new opportunities that will enable the
region to adapt as conditions change and ensure good NRM outcomes. Examples given
included using new technology to develop alternative energy sources such as renewable
energy generation, vertical gardens on buildings and harvesting and reuse of water.
Undertaking research and development to ensure that NRM keeps up with new information
and continuously improves was also identified.
Creating an appreciation of how local government and RDA contribute to NRM in the region
The aim of this session was to identify what local government and the RDA are already doing in relation
to NRM. Each participant recorded what their organisation was already doing in relation NRM on post-
it notes. Using the affinity diagram process, the comments were then arranged according to their
‘affinity’; that is, grouped by common theme or idea.
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3
Local government and the RDA are currently contributing to NRM in the following ways:
Legislation and policy
protection of native vegetation
minimising the impacts of development/land uses on others/managing interfaces between
land uses
dog and cat management
dust mitigation during the construction of new developments
development assessment including identification of conditions of Development Approval
preparation and review of Development Plan policy with objective of delivering on community
aspirations (balance)
Collection of levies
council rates
collection of NRM levy funds to pass onto NRM boards
to fund projects
Coastal management
coastal protection works
control/manage access to the coast
foreshore works
Surface and groundwater management
drainage studies and works
stormwater harvesting and management
erosion control works
Water sensitive urban design (WSUD)
stormwater planning and management
managing urban stormwater quality
development and maintenance of wetlands
CWMS schemes
recognising water protection zones in Development Plans
Open space
design, provision and maintenance of recreation areas
build and maintain pedestrian and cycle paths
Weed/pest control and revegetation
bushfire prevention works
landscaping with local species
plant and maintain street trees
habitat construction
Solar
promotion of solar power
solar panels on public buildings
Engagement
education and collaboration
consultation and facilitating discussion and enabling conversation
8
4
aligning political views
supporting local farming communities e.g. farmers’ markets
community development, community events and workshops
Innovation
research and development
resource monitoring
supporting data and gathering evidence
developing business case
Waste and recycling
sustainable office operations
waste water reuse and management
rubbish collection
Following on from the creation of the ‘affinity diagram’, the group was asked to consider what else
local government and RDA could be doing in relation to NRM, and any barriers and opportunities that
may exist.
Key opportunities/barriers identified included:
NRM, local government and RDA to work together and develop a regional framework. This
regional framework should identify agreed principles for the Eyre Peninsula that balances
objectives of NRM, local government and RDA
Improve the alignment between RDA, NRM and local government activities to achieve
regional objectives and avoid planning in isolation
Improve the appreciation of what each others’ organisation is about and consider how to help
each other. For example, NRM needs to understand how it can assist local government and
RDA and vice versa. At the same time each organisation needs to be aware of the
limitations/constraints each are working under
Improve awareness of existing relationships/collaborations between RDA, NRM and local
government by promoting projects where work together. This includes promoting the benefits
of a collaborative approach
Improve public appreciation for NRM and how the NRM levy is “spent”. There is a need for
NRM to better communicate how the levy is used to achieve NRM outcomes and demonstrate
the benefits of the levy to counter “negativity”
Undertake monitoring and evaluation to collect information that can then be used to
communicate to the community what NRM is doing/achieving
Use innovative communication/engagement techniques to involve community in projects e.g.
social media
Consider how to replace programs such as Landcare which were highly successful at
generating a sense of ownership and action by community members
9
5
Understanding what is valued on the Eyre Peninsula
In small groups, participants were asked to identify on large maps of the region what they valued and
why. The information recorded during this discussion will be used in preparing the new regional NRM
Plan.
Following the mapping activity, participants discussed how those things that they value might be
affected in the future and what actions could be taken to address these impacts.
What might affect the things that are valued?
A range of threats/drivers/influencers were identified by participants that might affect the things that
are valued in the region including:
Population increase
Centralisation of services and decision making taken out of region
Climate change including extreme events such as bushfire, sea level rise, hotter temperatures
etc
Availability of funding
Aging population (and impact on volunteering and community participation)
Regulation, “red tape”, compliance
Politics
Mining development
Pest plants and animals
Inappropriate development
Lack of knowledge
Ageing infrastructure (e.g. wharfs, rail, water etc)
Lack of water security, particularly potable water
Increased tourism
Reduced community capacity
Closure of industry
Global financial impacts on local economy e.g. iron ore prices
Lack of support services and structures
Cost of utilities
Changes in size of farms i.e. need to be bigger to be viable, impacts on community fabric
What actions could we take and what are our priorities
A comprehensive list of actions was generated by each group, with key priorities identified for the
region as follows:
Decentralise decision making in the region. There is a need for a regional focus, with NRM,
local government and RDA working together towards a shared vision. This could be achieved
through the development of a regional statement prepared jointly by NRM, local government
and RDA and each organisation committing to be proactive and “making it happen”
Implement the Eyre Peninsula Climate Change Adaptation Plan that has been developed for
the region. EPICCA was identified as a mechanism for assisting with this.
Water security for the region
Provide better support for primary producers
Consider, evaluate and implement clean, renewable energy options in the region. This
evaluation to include assessment of the viability of such enterprises
10
6
Increase targeted monitoring, research and development regarding key factors that are/will
influence the region such as climate change, population change, water and farming practices
Reduce ‘red tape’ to increase community participation and make it easier for community
members to take action
Take a long term view by replacing infrastructure rather than applying ‘band-aid’ measures
Examine funding opportunities and position the region to access them
Educate the community with the view to enhancing engagement and participation levels in
NRM
Make ‘hard’ planning decisions that set the context for protecting our values at the strategic
level. Don’t wait for issues to be resolved through development assessment process which is
more difficult/ unachievable.
Develop a succession planning strategy that ensures the region is equipped to replace
volunteers as they ‘retire’ and recruits/develops new leaders in the region
Vegetation management
Take advantage of the opportunities provided by mining (e.g. employment and funding), while
balancing against other objectives
Discussion of the NRM Business Plan
An overview of the Board’s Business Plan and how it relates to other NRM planning processes was
presented. Discussion then focused on understanding local government and RDA priorities in relation
to NRM over the coming year and opportunities to work together. The priorities and opportunities
identified for NRM, local government and/or RDA to work together are summarised below:
Establish a common regional vision/direction that NRM, local government and RDA are all
committed to. Commitment to a common vision for the region would enable NRM to provide
support/advocacy for local government to make decisions locally rather than having decision
making removed from the local context
Develop a regional roadside vegetation management plan. It was identified that although
landholders are responsible for roadside weed management they are not complying with this
legislative requirement.
Consider opportunities for NRM provided by Significant Environmental Benefit Offsets, in
particular the opportunity for Local government to provide land for the offsets and work
collaboratively with NRM to identify appropriate locations to achieve environmental and
monetary benefits
Work together to manage pests, in particular rabbits in coastal areas
Work together to manage the coast and coastal access through:
o sharing of work in regard to weed management
o the delivery of community education and engagement of conservation volunteers
o facilitation/prevention of access and activities i.e. driving on beach/dunes, camping
o management of coastal erosion caused by sea level rise and storm surge; and
o generating mapping in relation to sea level rise/ storm surge inundation
NRM, RDA and local government to partner to support regional applications for community
recycled/waste water reuse schemes was identified. Collaborating to manage risk and water
quality issues was also suggested
11
7
NRM and local government to work together on bushfire risk management through planning
policy development and vegetation removal
NRM, local government and RDA to share resources and learnings when engaging and
educating the community about common issues/objectives. Need to identify where can work
together to achieve common goals regarding engagement/education
NRM and local government to work together to review/develop policies to improve local
government practices in relation to water affecting activities. This could include development
of Best Practice Operating Procedures (BPOPs) which would reduce ‘red tape’ for local
government
Local government to review council Strategic Management Plans to improve alignment
between NRM, RDA and local government strategic objectives for the region
Establish processes which clearly define roles and responsibilities for community projects driven
by NRM. In particular, NRM to consider ongoing management and maintenance issues to
ensure that responsibility for projects doesn’t fall back on local government where community
groups “drop out” (e.g. Arno Bay boardwalk)
Waste management was listed as a priority area for local government, due to the high cost
involved in recovery, disposal and transport. It was recognised that this may not be an area
that NRM can be particularly active in working with local government
12
8
Attachment A – Workshop participants
Name Organisation
Dion Dorward Regional Development Australia - Whyalla and Eyre Peninsula
Bob Ramsay Regional Development Australia - Whyalla and Eyre Peninsula
Eddie Elleway District Council of Franklin Harbour
Terry Barnes District Council of Franklin Harbour
Daryl Cearns District Council of Kimba
Deb Larwood District Council of Kimba
Rob Stephens Streaky Bay District Council
Martin Fawlkner Streaky Bay District Council
John Tilllack Streaky Bay District Council
Ian Bergmann District Council of Ceduna
Geoff Moffatt District Council of Ceduna
Rob Donaldson Port Lincoln City Council
Roger Nield District Council of Cleve
Steve Woolley District Council of Wudinna
Damian Windsor District Council of Tumby Bay
Joanna Marshall Whyalla City Council
Sam Bourne Whyalla City Council
Alex Poulton Whyalla City Council
Julie Low District Council of Lower Eyre Peninsula
Rod Pearson District Council of Lower Eyre Peninsula
Alex Douglas District Council of Lower Eyre Peninsula
Heather Baldock Eyre Peninsula Natural Resources Management Board
Mark Whitfield Eyre Peninsula Natural Resources Management Board
Angela Fawlkner Eyre Peninsula Natural Resources Management Board
Simon Clark Eyre Peninsula Natural Resources Management Board
Helen Lamont Eyre Peninsula Natural Resources Management Board
Diana Laube Eyre Peninsula Natural Resources Management Board
Jodie Reseigh – O’Brien Eyre Peninsula Natural Resources Management Board
Jono Clark Natural Resources Eyre Peninsula
Prabodh Das Natural Resources Eyre Peninsula
Annie Lane Natural Resources Eyre Peninsula
Liam Sibly Natural Resources Eyre Peninsula
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Agenda Item 15.2
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R E P O R T Committee ORDINARY COUNCIL
Meeting Date Monday 2nd June 2014
Report Author Nigel Melzner, Manager Community Infrastructure
File Ref REP201458
1. PORT LINCOLN TENNIS ASSOCIATION LEASE
1.1. Proposal
To undertake community consultation in relation to a new “Recreation and Sporting Facilities Lease Deed” between the City of Port Lincoln and the Port Lincoln Tennis Association Inc. for use of the community land and court facilities at Tennyson Terrace/Hallett Place and Stevenson Street.
1.2. Background Discussion
The current lease between the Port Lincoln City Council and the Port Lincoln Tennis Association Inc. is due to expire on 30th June 2014 and the Club would like to renew its agreement.
The current agreement MCS0270 began on 1st July 2007, for a period of five years, and was extended for a further two year period in 2009, with a new expiry date of 30th June 2014.
On the 1st October 2010 an amendment was made to the original lease deed relinquishing the Nelson Square Tennis Courts from the Port Lincoln Tennis Associations agreement.
On the 25th September 2011 an amendment was made to the original lease deed to include the Stevenson Street Tennis Court facility.
Under the Local Government Act 1999 Section 202 and the City of Port Lincoln Community Management Plan No. 1 and Policy 2.63.1, it is a legislative requirement to seek public comment prior to issuing any lease deed affecting Community Land for a period exceeding 5 years.
1.3. Discussion Detail
The Port Lincoln Tennis Association continues to grow in strength and numbers therefore its long-term viability appears secure. Given the significant amount of money the City of Port Lincoln has invested in upgrading the tennis facilities at both the Hallett Place and Stevenson Street sites, and the Port Lincoln Tennis Association’s substantial contributions towards these projects, it is appropriate to seek public comment on a proposal to into a new lease for a period of ten years, with a right of renewal for a further ten years.
19
City of Port Lincoln 2nd
June 2014
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Recommendation
That pursuant to Local Government Act, 1999 Section 202 and the City of Port Lincoln Community Management Plan No. 1 and Policy 2.63.1, Council seek public comment on the proposal by the Port Lincoln Tennis Association Inc. to enter into a ten (10) year lease deed, commencing 1st July 2014, with a ten year right of renewal, for community land comprised in Certificates of Title Volume 6016 Folio 256 in Deposit Plan H510600, Hundred of Lincoln, Portion of the piece on Hallett Place, and Volume 6018 Folio 141 in Deposit Plan D77953 (Stevenson Street), and that in the event of no negative submissions being received in relation to the proposal the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the lease deed documentation.
2. LOWER EYRE BASEBALL LEAGUE INC. REQUEST TO ALTER CLUBROOMS
2.1. Proposal
To consider a request from the Lower Eyre Baseball League Inc. to make alterations of a permanent nature to its clubrooms at Ravendale Oval.
2.2. Background Discussion
The former football change rooms building at the Ravendale Complex was renovated and extended in 2007 to become the new clubrooms for the Lower Eyre Baseball League Inc.
The Lower Eyre Baseball League Inc. entered into a Community Lease Deed DCCS0155 with the City of Port Lincoln on 1st December 2007 for use of this building, the diamond area, backstop and lighting.
On the 1st July 2013 this lease was renewed (Deed20134) for a period of five years.
2.3. Discussion Detail
The Lower Eyre Baseball League Inc. is now seeking to make further alterations to this building to accommodate a canteen facility with external servery, and to enclose the western end of the building.
Under Clause 6.3.1 of the existing lease Deed20134 “The Lessee must not carry out any alterations or additions to the Premises without Councils consent”; and
Under Clause 6.3.2 “The Lessee must provide full details of the proposed alterations and additions to the Council”
The Lower Eyre Baseball League has engaged suitably qualified designers and engineers to ensure that the proposal will not compromise the structural or aesthetic integrity of the building. Having inspected the site, the proposal is considered to be functional for the Lower Eyre Baseball League Inc. and also remaining in keeping with the overall appearance of the building.
20
City of Port Lincoln 2nd
June 2014
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While the Lower Eyre Baseball League Inc. has actually asked for funding assistance with this proposal, the first step is to gain Council approval (as landlord) to undertake permanent modifications to the leased facility, then to formally obtain Development Approval under the Development Act.
Once these steps have been completed, the League will be advised of the options available to seek Council’s funding assistance with the proposal.
ATTACHMENT I20143839
Recommendation
That Council’s lessor approval is granted to the Lower Eyre Baseball League to make alterations to the clubrooms to accommodate a canteen facility with an external servery and to enclose the western end of the building, in accordance with the League’s proposal, subject to separately obtaining Development Approval.
Nigel Melzner MANAGER COMMUNITY INFRASTRUCTURE
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