Minutes of the Council Meeting held on Monday October

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							                         Minutes of the Council Meeting

                 held on Monday 17 October 2005 at 6.30 pm

                            in the Council Chamber



       Present            Mayor JN Pollock
                          Cr T Antonio
                          Cr N Coombe
                          Cr R McGinniss
                          Cr MK Hodge
                          Cr G Scheide


       Officers           Mr P Cameron – Acting Chief Executive Officer
                          Mrs M Hiscock – Acting Manager Corporate &
                          Community Services
                          Mr T Spirat – Manager Infrastructure
                          Mr P Turvey – Acting Manager Environment & Planning


1.    Preliminaries

1.1   Opening Prayer

      The meeting opened with the Civic Prayer.

1.2   Obituary Notices

      The Chairman read the names of those residents who had passed away since the
      previous Council Meeting, then read the Acknowledgment.



                          Andrew             Gardiner
                          Jeannette          Porter
                          Jamie              Couper
                          Joseph             Saliba
                          Vicki              Hocking
                          William            Smith
                          Annie              Bowley
                          Melvyn             Storr
                          Evelyn             Cutts
                          Elizabeth          Eckl
                          Ned                Groves
                          Doreen             Andrew
                          Betty              McInnes

1.3   Acknowledgement

      We acknowledge that this meeting is held on Barngarla Land and we give thanks for
      the use of this Land.
Minutes of the Council Meeting – 17.10.05                                                    Page 2




     1.4     Apologies

             Apologies were received from Cr JS Velthuizen, Cr EJ Hughes and Mr SG Payne,
             Manager Environment and Planning. Cr SG Stovell advised Council that she
             would arrive late to the meeting.


     2.      Presentation to Council

     2.1     Mr Shaun de Bruyn, Marketing Manager Tourism Eyre Peninsula (TEP) gave a brief
             deputation outlining Tourism Eyre’s results of 2004/2005 and the plans for 2006.

             Through the presentation, Mr de Bruyn advised of TEP’s Organisational Structure and
             its Vision, which is to maximise the community benefits from tourism without
             compromising the local lifestyle, through:

                maintaining and improving marketing to traditional markets

                developing marketing strategies to diversify tourism markets with an emphasis on
                high yield.

             Mr de Bruyn advised that telephone calls to TEP were up by 59%, and sessions on
             the TEP’s website were up from 44,224 to 111,225 or 252%.

             Mr de Bruyn indicated TEP’s priority activities for 2005-06 which would include the
             2006 Eyre Peninsula Visitor Guide, Outback and Seafood Trails and Regional
             Communication Plan.

             In summary Mr de Bruyn indicated that TEP would continue to build relationships with
             local government, industry and SA Tourism Commission, coordinate a planned
             approach, expand on traditional target markets and look to stimulate new markets.

             Mayor Jim Pollock thanked Mr de Bruyn for giving Council and the community an
             overview on Tourism Eyre Peninsula.


     3.      Previous Meetings

     3.1     Confirmation of Minutes

Cr Scheide moved                )       that the Minutes of the Special Council Meeting held on
Cr McGinniss seconded           )       Tuesday 6 September 2005 be confirmed as a true and
                                        correct record.

                                        Carried

Cr Hodge moved                  )       that the Minutes of the Council Meeting held on Monday
Cr Scheide seconded             )       19 September 2005 be confirmed as a true and correct
                                        record.

                                        Carried
Minutes of the Council Meeting – 17.10.05                                                   Page 3




     3.2     Matters Arising

             Nil

     3.3     Matters Lying on the Table

             Nil


     4.      Questions

     4.1     Notices of Motion

             Nil

     4.2     Questions with Notice

             Nil

     4.3     Questions without Notice

             Nil

     4.4     Public Question Time

     4.4.1   Mr Ted Lavender – Residents and Ratepayer’s Association

             1.    Friends of Amaroo requested that Hawdon Street be closed for six hours on
                   Sunday 16 October for their organised Funtasia. Council placed a Public Notice
                   in the Advertiser (p74) on Thursday 13 October in preference to the Whyalla
                   News. Is this Council’s policy now, not to ‘shop locally?’, or was there any
                   saving for this decision?

             A.    Mayor Jim Pollock advised that Council would take this question on notice.

             2.    On page 29 of the Accounts for Payment, Cheque No. 19005 shows that a
                   payment was passed for payment to Northern Scaffolding to the amount of
                   $4,939 to erect a fence around the Caravan Park. Can you explain why?

             A.    Mr Phil Cameron, Chief Executive Officer advised that the fencing was carried
                   out at the Fauna Park and not the Caravan Park as indicated in the Accounts for
                   Payment report.

             3.    On the question of the Caravan Park, we are given to understand that this
                   property has been sold as from 1 October. Was there any conditions placed in
                   the contract on the sale by Council to the previous owner that in such a short
                   period of ownership the Whyalla Community could make a claim to recover the
                   amount approx $200,000 passed back from the previous owners for
                   maintenance?
                   The amount that the public were led to believe as being $500,000+ for the sale
                   would have made that a cheap price alone, and makes the negotiated amount of
                   $300,000 ridiculous, and a nice little earner for the previous owners over the
                   current sale!
Minutes of the Council Meeting – 17.10.05                                                    Page 4



             A.    Mr Phil Cameron, Chief Executive Officer advised that to his knowledge no
                   conditions had been placed.

             4.    Page 30 – NACOS New Investment $1,35m. Howe can an Investment be
                   shown as a debit?

             A.    Mr Phil Cameron, Chief Executive Officer advised that all Council funds are
                   deposited into a general account and then withdrawn from this account when
                   Council is investing them which shows up as a debit.

             5.    On pages 31, 32 and 35 entries are made on accounts for payment for Lease
                   Payments to the total of $40,515.56. Why are we paying lease payments to a
                   company who are supposed to be leasing it from us?
                   Why won’t Council release to the public the details of the contract, which was
                   signed nearly 2 years ago with CASA Pty Ltd.? For a transparent Council you
                   are being very secretive!

             A.    Mr Phil Cameron, Chief Executive Officer advised this information has been
                   deemed confidential by Council and has been kept in confidential, therefore
                   cannot be released.


     5.      Reports

     5.1     Members’ Reports
             Nil

     5.2     Members’ Monthly Reports – Verbal

     5.2.1   Cr R McGinniss

             Cr McGinniss presented Mr Phil Cameron with a letter from the Hon Stephanie Key
             MP informing Council that a grant of $3,000 has been provided to support Council’s
             Youth Advisory Committee.
             Mayor Jim Pollock was presented with a plaque to the City of Whyalla in recognition
             of its support to the Youth Council.

             Cr McGinniss forwarded on thanks from the Lions Soccer Club for Council’s support
             during their 45th reunion.

             Cr McGinnis advised her attendance at:

                    the Bible Society Annual Dinner’
                    the opening of ‘La Cafeteria’ at Edward John Eyre High School
                    a morning tea at WEDB to welcome the Anderson family to Whyalla
                    the Snapper Fishing Competition Committee Meeting
                    the Youth Council presentation by Lyn Breuer
                    the Labour Day Picnic – judging competitions
                    Lions Soccer Club 45th Reunion
                    Mayors BBQ at Fitzgerald Bay
                    the Youth Council Meeting
                    the luncheon with Her Excellency Marjorie Jackson-Nelson, Governor of South
                    Australia
                    the Aged Care Board
Minutes of the Council Meeting – 17.10.05                                                         Page 5



     5.2.2   Cr N Coombe

             Cr Coombe advised that she had participated in the walk from Port Augusta to
             Whyalla to fundraise for the Oncology Ward at the Adelaide Women’s and Children’s
             Hospital.
             Cr Coombe, Mayor Pollock and Mr Paul Mazourek, Manager Visitor Operations
             walked approximately 15 kms in the walk.

     5.2.3   Cr MK Hodge

             Cr Hodge advised of his attendance at the Eastern Eyre Animal and Plant Control
             Board.
             Work should be carried out on the ‘carrion flower’ problem over the ensuing months.

             Cr Hodge attended the Murray Darling Association Region 7 meeting in Adelaide on 5
             October 2005.
             Cr Hodge advised that a Region 8 meeting will be held shortly to elect officers. This
             region will cover the Upper Spencer Gulf cities, Clare Valley, and the Copper Triangle
             and will alleviate the travel currently involved to attend Murray Darling meetings.
             Cr Hodge advised of the positive feedback from Mr S Payne, Manager Environment
             and Planning’s presentation to the Murray Darling Association Annual General
             Conference held recently.

     5.2.4   Mayor JN Pollock

             Mayor Pollock advised of his and the Chief Executive Officer’s attendance at the
             South Australian Local Government Conference which was held in Adelaide on 6 and
             7 October 2005.
             Some issues discussed were financial governance, assets management, planning
             and development, regional partnerships, rating, and environmental initiatives.
             Mr S Payne, Manager Environment and Planning undertook a presentation on
             Whyalla’s contribution towards water conservation which was well received.

             Mayor Pollock advised that the notes and speakers notes from this conference are
             available on the LGA Website, and will be forwarded to Elected Members in due
             course.

             Mayor Pollock acknowledged the attendance in the gallery of Mr Ron Wilson, Chief
             Executive Officer – WEDB. Mayor Pollock advised that WEDB’s Annual General
             Meeting is to be held Tuesday 18 October 2005 within the Palms Function Centre.

     5.3     Officers’ Reports – For Action

             5.3.1   Closure of Council Facilities over Christmas Break 2005

Cr Hodge moved                   )          that the following proposal for the provision of Council
Cr Coombe seconded               )          services during the 2005/2006 Christmas/New Year
                                            period be endorsed:

                                            1.   that Council Civic Building located at Darling
                                                 Terrace, Whyalla be closed to the public for the
                                                 period Monday 26 December 2005 to Tuesday 3
                                                 January 2006, inclusive.
Minutes of the Council Meeting – 17.10.05                                                        Page 6



                                            2.   that both the Civic and Alex Ramsay Library sites be
                                                 closed to the public for the period Monday 26
                                                 December 2005 to Tuesday 3 January 2006
                                                 inclusive.

                                            3.   that the Child Care Centre be closed to the public
                                                 for the period Friday 23 December 2005 to Monday
                                                 9 January 2006 inclusive.

                                            4.   that the Tourist Office/Maritime Museum be closed
                                                 to the public on Christmas Day – 25 December
                                                 2005.

                                            5.   that adequate emergency skeleton staff for
                                                 Infrastructure, Airport, Cemetery, and Inspectorial
                                                 Services are programmed for the 2005/006
                                                 Christmas/New Year period.

                                            6.   that all staff affected by the 2005/2006
                                                 Christmas/New Years Eve closure are given the
                                                 option of taking annual leave or time in lieu for days
                                                 during the period which are not Gazetted Public
                                                 Holidays.

                                            7.   that Council advertises and relays the above
                                                 changes to the public in a timely fashion.

                                            Carried

             5.3.2   Council Meetings – Christmas/New Year Period 2005/2006

Cr Scheide moved                   )        that the final meeting of the year 2005, comprising
Cr Coombe seconded                 )        Council and the three (3) Standing Committees, be held
                                            on MONDAY 12 DECEMBER 2005 and, following the
                                            annual Christmas break, recommence on MONDAY 23
                                            JANUARY 2006, again with Council and the three (3)
                                            Standing Committees.

                                            Carried


     6.      Committees
     6.1     Adjournment of Council Meeting
Cr Coombe moved                )       that the Council Meeting adjourn and that in the absence of
Cr McGinniss seconded          )       Cr Stovell, Cr Antonio takes the Chair for the Economic
                                       Development Committee.

                                       Carried
Minutes of the Council Meeting – 17.10.05                                                 Page 7



             The Council Meeting adjourned at 7.06 pm

     6.2     Economic Development Committee
     6.3     Corporate and Community Services Committee
     6.4     Environmental Services and Infrastructure Committee
     6.5     Development Assessment Panel

     6.6     Council Meeting Resumes

Cr Stovell moved                  )   that the Council Meeting resumes.
Cr McGinniss seconded             )
                                      Carried

             The Council Meeting resumed at 8.50 pm

     6.7     Adoption of Committee Reports
             6.7.1    Economic Development Committee
Cr Scheide moved              )       that the resolutions contained within the Economic
Cr Hodge seconded             )       Development Committee held on Monday 17 October
                                      2005 be adopted.
                                      Carried

              6.7.2    Corporate & Community Services Committee

Cr Scheide moved              )       that the resolutions contained within the Corporate &
Cr Hodge seconded             )       Community Services Committee held on Monday 17
                                      October 2005 be adopted.
                                      Carried

              6.7.3    Environmental Services & Infrastructure Committee

Cr Scheide moved              )       that the resolutions contained within the Environmental
Cr Hodge seconded             )       Services & Infrastructure Committee held on Monday 17
                                      October 2005 be adopted.
                                      Carried

              6.7.4    Development Assessment Panel Meeting

Cr Scheide moved              )       that the resolutions contained within the Development
Cr Hodge seconded             )       Assessment Panel Meeting held on Monday 17 October
                                      2005 be adopted.
                                      Carried



     7.       Correspondence

     7.1      Department of Defence – Lands Acquisition Act 1989

              Information Only
Minutes of the Council Meeting – 17.10.05                                                         Page 8




     7.2      Email from EPLGA – Media Story Lines ex EPLGA Executive Meeting
              – Friday 23 September 2005

              Information Only

     7.3      Central Local Government Region of South Australia – New Region 8 Murray
              Darling Association

              Information Only


     8.      Other Business

     8.1     Mayor J Pollock – Petrol Pricing

Mayor Pollock moved           )       that Council writes to the MTA South Australia and the RAA
Cr McGinniss seconded         )       requesting an explanation as to the varying petrol prices
                                      within the regional areas.
                                      Carried

     8.2     Cr G Scheide – Regional Education

Cr Scheide moved              )       that:
Cr Coombe seconded            )
                                      •       the appropriate officer investigates the education,
                                              teacher versus student ratios and lack of qualified
                                              teachers within Whyalla and the appropriate education
                                              authorities, and report back to Council at their earliest
                                              convenience
                                      •       and in conjunction with this report, Council writes to the
                                              appropriate stakeholders within Whyalla and the SA
                                              Education Department with a copy of the article from the
                                              Advertiser (dated Monday 17 October 2005) inquiring if
                                              the information contained within this article is applicable
                                              in Whyalla.
                                      Carried

     8.3     Public & Environmental Health Annual Report 2004/2005

Cr Stovell moved              )       that congratulations be forwarded to Mrs Kathryn Perry,
Mayor Pollock seconded        )       Senior Environmental Health Officer on the Public and
                                      Environmental Health Annual Report 2004/2005.
                                      Carried
Minutes of the Council Meeting – 17.10.05                                                         Page 9




     9.      Information Reports

Cr Stovell moved               )        that the ‘For Information Reports’ contained within the
Cr Hodge seconded              )        Information Bulletin and listed below be received.

                                        •   Mayor JN Pollock’s List of Engagements
                                        •   Public & Environmental Health Annual Report
                                            (2004/2005)
                                        •   Upper Spencer Gulf Heritage Advisory Service
                                        •   Overdue Rates
                                        •   Monthly Cash Flow Report

                                        Carried


     10.     ITEMS FOR DECISION AS TO CONFIDENTIALITY IN ACCORDANCE
             WITH SECTION 87(10) OF THE LOCAL GOVERNMENT ACT 1999

     10.1    Minutes, Confirmation of

             •      Special Confidential Council Meeting held on Tuesday 6 September 2005
             •      Confidential Council Meeting held on Monday 19 September 2005
             •      Special Confidential Council Meeting held on Tuesday 20 September 2005

Cr McGinniss moved             )        that under provisions of Sections 90(3)(e) of the Local
Cr Stovell seconded            )        Government Act 1999, an Order be made that the public be
                                        excluded from attendance at the meeting in order to
                                        consider, in confidence Agenda Item 10.1

                                        that Council is satisfied that it is reasonably foreseeable
                                        that the public disclosure or discussion of the information
                                        included in Agenda Item 10.1 could

                                        reasonably be expected to divulge information concerning
                                        matters affecting the security of the council, members or
                                        employees of the council, or council property or the safety
                                        of any person; and

                                        that accordingly, on this basis, the principle that meetings
                                        of Council should be conducted in a place open to the
                                        public has been outweighed by the need to keep the
                                        information or discussion confidential.

                                        Carried

     10.2    Matters Arising

     10.3    Matters Lying on the Table

     10.3.1 SAHT Agreement
Minutes of the Council Meeting – 17.10.05                                                     Page 10




     10.4    Major Events

Cr McGinniss moved                    that under provisions of Sections 90(3)(d) of the Local
Cr Stovell seconded                   Government Act 1999, an Order be made that the public be
                                      excluded from attendance at the meeting in order to
                                )
                                      consider, in confidence Agenda Item 10.4

                                )     that Council is satisfied that it is reasonably foreseeable
                                      that the public disclosure or discussion of the information
                                      included in the report from the Chief Executive Officer
                                      could

                                      reasonably be expected to prejudice the commercial
                                      position of the person who supplied the information, or to
                                      confer a commercial advantage on a third party; and

                                      that accordingly, on this basis, the principle that meetings
                                      of Council should be conducted in a place open to the
                                      public has been outweighed by the need to keep the
                                      information or discussion confidential.

                                      Carried

     10.5    Kingfish Harbour

Cr McGinniss moved                    that under provisions of Sections 90(3)(d) of the Local
Cr Stovell seconded                   Government Act 1999, an Order be made that the public be
                                      excluded from attendance at the meeting in order to
                                )
                                      consider, in confidence Agenda Item 10.5

                                )     that Council is satisfied that it is reasonably foreseeable
                                      that the public disclosure or discussion of the information
                                      included in the report from the Manager Environment &
                                      Planning could

                                       reasonably be expected to divulge information provided on
                                       a confidential basis by or to a Minister of the Crown, or
                                       another public authority or official (not being an employee
                                       of the council, or a person engaged by the council); and

                                       that accordingly, on this basis, the principle that meetings
                                       of Council should be conducted in a place open to the
                                       public has been outweighed by the need to keep the
                                       information or discussion confidential.

                                      Carried
Minutes of the Council Meeting – 17.10.05                                                     Page 11




     10.6    Aviation Security

Cr McGinniss moved                    that under provisions of Sections 90(3)(d) of the Local
Cr Stovell seconded                   Government Act 1999, an Order be made that the public be
                                      excluded from attendance at the meeting in order to
                                 )
                                      consider, in confidence Agenda Item 10.6

                                 )    that Council is satisfied that it is reasonably foreseeable
                                      that the public disclosure or discussion of the information
                                      included in the report from the Airport Manager could

                                       reasonably be expected to divulge information provided on
                                       a confidential basis by or to a Minister of the Crown, or
                                       another public authority or official (not being an employee
                                       of the council, or a person engaged by the council); and

                                       that accordingly, on this basis, the principle that meetings
                                       of Council should be conducted in a place open to the
                                       public has been outweighed by the need to keep the
                                       information or discussion confidential.

                                      Carried


     10.7    Assets Management

Cr McGinniss moved                    that under provisions of Sections 90(3)(d) of the Local
Cr Stovell seconded                   Government Act 1999, an Order be made that the public be
                                      excluded from attendance at the meeting in order to
                                 )
                                      consider, in confidence Agenda Item 10.7
                                      that Council is satisfied that it is reasonably foreseeable
                                 )
                                      that the public disclosure or discussion of the information
                                      included in the report from the Human Resources
                                      Manager would

                                       reasonably be expected to prejudice the commercial
                                       position of the person who supplied the information, or to
                                       confer a commercial advantage on a third party; and

                                       that accordingly, on this basis, the principle that meetings
                                       of Council should be conducted in a place open to the
                                       public has been outweighed by the need to keep the
                                       information or discussion confidential.

                                      Carried
Minutes of the Council Meeting – 17.10.05                                                                     Page 12




                                            For Continuation of the Minutes


                                            Refer Confidential Minute Book
                                            Page C20


                                            The Meeting Closed at 10.20 pm



                                            Submitted to Council and Adopted



                                            Confirmed: ....................................................
                                                                       The Mayor


                                            Date: ..............................................................