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City of Victor Harbor

M I N U T E S

Committee Ordinary Council

Meeting Held Monday, 23 January 2012 at 5.30pm

Location Council Chambers, Bay Road, Victor Harbor

j:\committees\general\ordinarycouncil\minutes\20120123.doc Initials : of 27

1. PRESENT

His Worship the Mayor, G Philp (Chairperson) Councillor B Bond Councillor P Chigwidden Councillor K Dutton Councillor D Hall Councillor P Lewis Councillor R Marshall Councillor C Sedunary Councillor D Shepherd Councillor T Telfer In Attendance: Mr G Maxwell - City Manager Mr G Pathuis - Director of Planning & Regulatory Services Mr B Doman – Acting Director Environment & Infrastructure Services Mr B Henderson – Infrastructure Manager Mrs G Riley - Minute Secretary

2. LOCAL GOVERNMENT PRAYER & VISION

Prayer

Almighty God, we ask you to bless this council and allow it to be an agent of change to the people of this City and beyond. Direct and prosper its deliberations to the honouring of Your name and the welfare of the people whom it serves. Amen

Acknowledge Country

We acknowledge the traditional custodians of our beautiful lands and surrounding waters, the Ramindjeri and Ngarrindjeri people. As a community we recognise and respect their cultural connection with the land and waters.

3. APOLOGIES & LEAVE OF ABSENCE

Ms Jane Bohnsack – Director of Corporate & Community Services and Mr G Sanford – Director of Environment & Infrastructure Services

Monday, 23 January 2012 Ordinary Council Minutes

of 27 Initials : j:\committees\general\ordinarycouncil\minutes\20120123.doc

4. MINUTES OF THE PREVIOUS MEETING

OC 12/0000 Confirmation of the Minutes of the Previous Meeting

Moved: Cr D Shepherd Seconded: Cr T Telfer

That the Minutes of the Previous Ordinary Council Meeting held on Monday, 12 December 2011 be confirmed as a true and correct record.

CARRIED

5. MINUTES OF COUNCIL COMMITTEE MEETINGS

5.1. Fleurieu Region Community Services Advisory Committee

OC 12/0001 Fleurieu Region Community Services Advisory Committee

Moved: Cr P Chigwidden Seconded: Cr P Lewis

That the Minutes of the Fleurieu Region Community Services AdvisoryCommittee Meeting held on 13th December 2011 be received and the recommendations with the exception of FRCS 11/0029 contained therein,and listed below, be adopted.

Note: Cr. P Lewis to be deleted from the list of members present andrecorded as an observer.

CARRIED

FRCS 11/0028 Minutes of the previous meeting

Moved: S Johnson Seconded: Cr P Chigwidden

That minutes of the previous meeting held 8 November 2011 be confirmed.

CARRIED

FRCS 11/0030 Southern Volunteering 2010-2011 South Coast Report

Moved: J Cole Seconded: Cr P Chigwidden

That higher levels of activity by Southern Volunteer be expected when considering2012/2013 budget allocations.

CARRIED

5.2. Horse Tram Advisory Committee – 20 December 2011

Ordinary Council Minutes Monday, 23 January 2012


OC 12/0002 Horse Tram Advisory Committee - 20 December 2011

Moved: Cr D Shepherd Seconded: Cr P Chigwidden

That the Minutes of the Horse Tram Advisory Committee Meeting heldon 20th December 2011 be received and the recommendations contained therein, and listed below, be adopted.

CARRIED

HTA 11/0001 Appointment of Chairperson

Moved: D Shepherd Seconded: H Moss

That the Chairperson for the Horse Tram Advisory Committee be Daniel Shepherd.

CARRIED

HTA 11/0002 Appointment of Deputy Chairperson

Moved: G Philp Seconded: K Bayly

That the Deputy Chairperson for the Horse Tram Advisory Committee be Brian Liddy.

CARRIED

HTA 11/0003 Determination of Meeting Times

Moved: G Philp Seconded: K Bayly

That the Horse Tram Advisory Committee will meet on the second Tuesday of everymonth.

CARRIED

HTA 11/0004 Acknowledgement and Acceptance of Terms of Reference and Council CommitteeMeeting Procedures

Moved: B Liddy Seconded: K Bayly

That the Horse Tram Advisory Committee acknowledge and accept the Terms of Reference and Council Committee Meeting Procedures as per copies provided.

CARRIED

HTA 11/0005 Implementation of Horse Drawn Tram review - update

Moved: K Bayly Seconded: G Philp

That the update report provided by T Potter be received and noted as per the summarynotes provided.

CARRIED

HTA 11/0006 Horse Drawn Tram Memorial

Moved: B Liddy Seconded: J Evans



Investigate an appropriate memorial to acknowledge all former and current horses thathave served on the Horse Drawn Tram, and that Adrian Burton be thanked for his interestin the matter and advised accordingly.

CARRIED

HTA 11/0007 Questions on Notice

Moved: Cr B Marshall Seconded: K Bayly

That the question from Mary Tubb be noted and that she be advised that her horse tram trainee proposal will be considered further as part of the staffing structure that is beingreviewed.

CARRIED

HTA 11/0008 Invitation to John Jackson

Moved: Cr B Marshall Seconded: K Bayly

That John Jackson be invited to attend the next Horse Tram Advisory Committee Meeting.

CARRIED

5.3. Horse Tram Advisory Committee – 10 January 2012

OC 12/0003 Horse Tram Advisory Committee - 10 January 2012

Moved: Cr D Shepherd Seconded: Cr K Dutton

That the Minutes of the Horse Tram Advisory Committee Meeting held on 10th January 2012 be received and the recommendations containedtherein, and listed below, be adopted.

CARRIED

HTA 12/0000 Acceptance of Apology

Moved: K Bayly Seconded: B Liddy

That the apology be accepted.

CARRIED

HTA 12/0001 Confirmation of the Minutes of the Previous Meeting

Moved: B Liddy Seconded: K Wilson

That the Minutes of the previous Horse Tram Advisory Committee Meeting held onThursday, 20 December 2011 as per copies supplied to members be confirmed as a true and correct record of that meeting.

CARRIED

HTA 12/0002 Change of Meeting Times



Moved: K Bayly Seconded: G Philp

That the Horse Drawn Tram Advisory Committee meet in the Encounter Room on the firstTuesday of every month commencing at 10.30am.

CARRIED

HTA 12/0003 Transition to barefoot horses

Moved: K Wilson Seconded: B Marshall

That the Committee investigate the necessary requirements to enable the tram horses tolive and work barefoot as nature intended.

CARRIED

HTA 12/0004 Extension Of Contract

Moved: B Liddy Seconded: H Moss

That it be recommended that an extension of contract be offered to T Potter should it benecessary for the continuation of the current program of service improvements.

CARRIED

5.4. Occupational Health, Safety & Welfare Committee

OC 12/0004 Occupational Health, Safety& Welfare Committee

Moved: Cr D Shepherd Seconded: Cr D Hall

That the Minutes of the Occupational Health, Safety & WelfareCommittee Meeting held on 15th December 2011 be received and the recommendations contained therein, and listed below, be adopted.

CARRIED

LOHSW 11/0088 Confirmation of the Minutes of the Previous Meeting

Moved: Cr Shepherd Seconded: A Kairl

That the Minutes of the Previous Occupational Health, Safety & Welfare Committee Meeting held on Thursday, 13 October 2011 be confirmed as a true and correct record ofthat meeting.

CARRIED

LOHSW 11/0089 Receival of Human Resource Manager’s Report

Moved: Cr Shepherd Seconded: J Bohnsack

That the Human Resource Manager’s Report be received.

CARRIED

LOHSW 11/0090 Receival of OHS Corrective & Preventative Actions Register



Moved: A Kairl Seconded: D Detchon

That the OHS Corrective & Preventative Actions Register be received.

CARRIED

LOHSW 11/0091 Receival of LGA Workers Compensation Data (C.A.T.S)


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

CARRIED

LOHSW 11/0092 Receival of OHS&W & IM Plan

Moved: A Kairl Seconded: N Bubner

That the OHS&W & IM Plan be received.

CARRIED

LOHSW 11/0093 Receival of Benchmark Statistics

Moved: D Detchon Seconded: J Bohnsack

That the Benchmark Statistics be received.

CARRIED

LOHSW 11/0094 Receival of Correspondence


That the correspondence be received.

CARRIED

LOHSW 11/0095 Archival of Policies/Procedures

Moved: J Bohnsack Seconded: Cr Shepherd

That the Policies/Procedures be archived as the have been superseded

CARRIED

LOHSW 11/0096 Adoption of Forms


That the forms be adopted

CARRIED

LOHSW 11/0097 Adoption of Safe Operating Procedure reviews




That the Safe Operating Procedure reviews be adopted

CARRIED

LOHSW 11/0098 Adoption of new Safe Operating Procedures

Moved: A Kairl Seconded: Cr Shepherd

That the new Safe Operating Procedure ‘Toro Navigator Ride-On Mower” be adopted

CARRIED

LOHSW 11/0099 Receival of Training Program

Moved: Cr Shepherd Seconded: A Kairl

That the Training Program be received

CARRIED

LOHSW 11/0100 Consider as budget item

Moved: N Bubner Seconded: A Kairl

That the White Card Training be considered as a budget item next financial year

CARRIED

LOHSW 11/0101 Receival of Training Attendance Records


That the Training Attendance Records be received

CARRIED

LOHSW 11/0102 Receival of Emergency Planning Committee Minutes


That the Emergency Planning Committee Minutes for meeting held 14/11/11 be received

CARRIED

LOHSW 11/0103 High Visibility zone at depot

Moved: J Bohnsack Seconded: G Pathuis

That the stairs down from the staff carpark, along with the area for accessing the bunkerand the depot offices are a high visibility exclusion zone. The rest of the depot grounds isa High Visibility area.

CARRIED

5.5. Recreation Centre Management Committee



OC 12/0005 Recreation Centre Management Committee

Moved: Cr K Dutton Seconded: Cr P Lewis

That the Minutes of the Recreation Centre Management Committee Meeting held on 13th December 2011 be received and therecommendations contained therein, and listed below, be adopted.

CARRIED

CRC 11/0024 Apologies

Moved: B Waye Seconded: R Ford

That the apologies from F Haselgrove, G Stewart and W Hayes be received.

CARRIED

CRC 11/0025 Confirmation of the Minutes of the Previous Meeting

Moved: R Ford Seconded: Cr C Sedunary

That the Minutes of the Previous Recreation Centre Management Committee Meetingheld on Tuesday, 9 August 2011 as per copies supplied to members be confirmed as a trueand correct record of that meeting.

CARRIED

CRC 11/0026 Floor Resurfacing Quotation

Moved: B Waye Seconded: Cr C Sedunary

That the quotation for resurfacing the floors of Stadiums 1 and 2, from J G Timber Floors for $3,960 be accepted.

CARRIED UNANIMOUSLY

CRC 11/0027 Bookings Report

Moved: A Field Seconded: J Peterson

That the Recreation Centre Bookings Report for December and January be received.

CARRIED UNANIMOUSLY

CRC 11/0028 Finance Report

Moved: R Ford Seconded: A Field

That the Budget Comparison Report to 6 December 2011, be received.

CARRIED

CRC 11/0029 Caretaker's Report

Moved: Cr C Sedunary Seconded: A Field

That the Caretaker’s report on the activities at the Recreation Centre to the 13th December



2011, be received.

CARRIED UNANIMOUSLY

5.6. Southern Communities Transport Advisory Committee

The notes of the informal meeting of the Southern Communities Transport Advisory Committee held on 14th December 2011 were received. The meeting lacked a quorum in that there was no elected member of the City of Victor Harbor present.

5.7. Victor Harbor Main Street Precinct Committee

OC 12/0006 Victor Harbor Main Street Precinct Committee

Moved: Cr D Shepherd Seconded: Cr C Sedunary

That the Minutes of the Victor Harbor Main Street Precinct CommitteeMeeting held on 14th December 2011 be received and therecommendations contained therein, and listed below, be adopted.

CARRIED

VHMS 11/0045 Acceptance of Apologies

Moved: A. Kluske Seconded: Cr.Shepherd

That the apologies as listed be accepted.

CARRIED

VHMS 11/0046 Confirmation of Previous Minutes

Moved: A. Kluske Seconded: Cr. Shepherd

That the minutes of the meeting held Tuesday November 1st as per copies supplied to Committee Members, be confirmed as a true and correct record of that meeting.

CARRIED

VHMS 11/0047 Main street Urban Design Framework Project

Moved: C. Dutton Seconded: Cr. Shepherd

1. That the Committee endorse the nominated project area (shown in Section 1.2 of the report) as forming the scope of a future consultants tender for the Main street UrbanDesign Project.

2. That the Committee endorse Option A for the Main Street Urban Design Project (asoutlined in Section 1,2 of the report) and initiate the process as soon as possible in 2012.

3. That the Committee endorse the inclusion of the ‘Objectives’ identified with the report



(Section 1.2) into a future Project Brief; as amended to incorporate:

- stormwater infrastructure, including runoff and storage, and

- consideration to traffic, pedestrian access and constraints.

CARRIED

6. QUESTIONS FROM THE GALLERY

6.1. Victoria Street Pedestrian Crossing

1. Mr Don Bailey representing Bailey Homes asked: As I have only received today a copy of the report from Tonkins relating to our letter to Council, can you advise why were we never given a copy or contacted regarding the Tonkin response since the response was received by Council on 13th September 2011 only a few days after our letter? I request Council defer the matter (Item 9.1.2 on Council Agenda) for 30 days for us to read and consider.

The Mayor took the question on notice and indicated that deferral of an item is a matter for the Council to decide when considering the agenda item.

2. Mr Don Bailey also asked: I would like to know why timed parking as I suggested has not been considered?

The Mayor took the question on notice.

7. MAYORAL REPORT

OC 12/0007 Mayoral Report

Moved: Cr P Lewis Seconded: Cr D Shepherd

That the Mayoral Report for the period 5th December 2011 to 15thJanuary 2012 be received.

CARRIED

8. PLANNING & REGULATORY SERVICES

8.1. Planning

8.1.1. Council Development Assessment Panel – Independent Members

OC 12/0008 Council Development Assessment Panel - Independent Members

Moved: Cr K Dutton Seconded: Cr D Hall

That an independent member applicant appraisal panel be establishedfor the purpose of reviewing, short-listing and interviewing applications for the independent members to the Council Development AssessmentPanel (CDAP), and that the panel consist of the Director of Planning andRegulatory Services and two elected members.



CARRIED

Nominations to the Panel

Cr K Dutton nominated herself

Cr D Shepherd nominated himself and Cr Telfer

Cr B Bond nominated herself

Cr P Lewis nominated Cr P Chigwidden


Moved: Cr D Hall Seconded: Cr D Shepherd

That a ballot be conducted to determine the members of the CDAPindependent member appraisal panel and that the City Manager benominated as the Returning Officer.

CARRIED

The Returning Officer declared the results of the ballot with Cr. Telfer and Cr. Chigwidden returning the highest number of votes.


Moved: Cr B Bond Seconded: Cr D Shepherd

That Council appoint Cr T Telfer and Cr P Chigwidden to the CDAPindependent member appraisal panel.

CARRIED


Moved: Cr T Telfer Seconded: Cr P Chigwidden

That the CDAP independent member applicant appraisal panel beauthorised to make the appropriate independent member appointmentsat the conclusion of the review process, and that the appointments bereport to the February 2012 Ordinary Council meeting.

CARRIED

8.2. Tourism

8.2.1. Tourism Section – Quarterly Report (October to December 2011)

OC 12/0012 Tourism Section - Quarterly Report (October to December 2011)



Moved: Cr C Sedunary Seconded: Cr P Chigwidden

That the October to December 2011 quarterly tourism report be received.

CARRIED

9. ENVIRONMENT & INFRASTRUCTURE SERVICES

9.1. Infrastructure Matters

9.1.1. Locking of Victor Harbor Cemetery Vehicle Access Gates

OC 12/0013 Locking of Victor Harbor Cemetery Vehicle Access Gates

Moved: Cr R Marshall Seconded: Cr B Bond

1. That Council consider the placement of $4,000 within Council’snext budget review to allow for the Opening and Closing of theVictor Harbor Cemetery vehicle access gates to be undertakenseven days a week at the following times:

Open: 7.00am Close: Sunset 2. That the opening and closing of the Cemetery vehicle access gates

commence as soon as possible.

CARRIED

9.1.2. Victoria Street Pedestrian Crossing

OC 12/0014 Victoria Street Pedestrian Crossing


That this matter be adjourned until the next full Council meeting to allowfor further consultation and investigation.

CARRIED

9.1.3. Chiton Retirement Village, Hayborough – Public Street Lighting

OC 12/0015 Chiton Retirement Village, Hayborough - Public Street Lighting




That Council provide endorsement to proceed with the public lighting forthe Chiton Retirement Village Development, Ocean Road, Hayboroughwith an annual combined cost increase to the public lighting tariff charges of $145.53 (GST inclusive), per annum.

CARRIED

9.1.4. Items in Brief

OC 12/0016 Items in Brief

Moved: Cr P Lewis Seconded: Cr P Chigwidden

That the report on Ridgeway Street – Road Construction & Drainage Improvements be noted.

CARRIED

9.2. Environment & Recreation

9.2.1. Encounter Lakes Management Plan

OC 12/0017 Encounter Lakes Management Plan

Moved: Cr P Chigwidden Seconded: Cr K Dutton

That the Encounter Lakes Management Plan distributed with the agendaand separately bound together with revised Appendices 5 and 6 beadopted.

CARRIED

9.2.2. Hindmarsh Road Streetscaping

OC 12/0018 Hindmarsh Road Streetscaping

Moved: Cr B Bond Seconded: Cr P Lewis

That this item be adjourned to further consider other options of plantings in this area of Hindmarsh Road.

MOTION WITHDRAWN

OC 12/0019 Hindmarsh Road Streetscaping

Moved: Cr D Hall Seconded: Cr T Telfer

That the report be received and that no action be taken.



CARRIED

9.2.3. Fleurieu Community Foundation – Container Deposit Bins

6.53pm Cr P Lewis declared a conflict of interest, being a Board Member of the Fleurieu Foundation and left the Chamber.

OC 12/0020 Fleurieu Community Foundation - Container Deposit Bins

Moved: Cr K Dutton Seconded: Cr P Chigwidden

That Council endorse the request of the Fleurieu Community Foundationto service further bins in the Causeway Plaza area to collect containerdeposit recyclables, and that approval is retrospective to 20 December2011.

CARRIED

6.55pm Cr Lewis re-entered the Chambers and the meeting.

10. CORPORATE & COMMUNITY SERVICES

10.1. Finance

10.1.1. Budget Update Report as at 31st December 2011

OC 12/0021 Budget Update Report as at 31st December 2011

Moved: Cr D Shepherd Seconded: Cr D Hall

That the budget Update Report as at 31st December 2011 be adopted.

CARRIED

10.2. Corporate Services

10.2.1. Amusement Ride – Foreshore Camels

OC 12/0022 Amusement Ride - Foreshore Camels

Moved: Cr B Bond Seconded: Cr P Lewis

That a Licence be granted to K Healy, A1 Amusements, to operate cameland pony rides on the foreshore area, from the Causeway, to the 30th June2015.

CARRIED10.3. Governance

10.3.1. Leave of Absence

OC 12/0023 Leave of Absence



Moved: Cr P Lewis Seconded: Cr T Telfer

That Council acknowledge Mayor Philp’s Leave of Absence fromSaturday, 4th February until Tuesday, 14th February 2012 inclusive.

CARRIED

10.3.2. Fleurieu Region Community Services Advisory Committee

OC 12/0024 Fleurieu Region Community Services Advisory Committee


1. That Council accept the resignation of Cr Shepherd from the Fleurieu Region Community Services Advisory Committee.

2. That Council endorse the appointment of Cr Lewis to theFleurieu Region Community Services Advisory Committee.

CARRIED

10.3.3. Local Government Association Showcase and General Meeting

OC 12/0025 Local Government Association Showcase and General Meeting

Moved: Cr P Chigwidden Seconded: Cr D Shepherd

That Council note the 2012 Local Government Association Showcase andGeneral Meeting to be held on 12th and 13th April 2012 at the Adelaide Convention Centre.

CARRIED

10.3.4. Attracting Sharks to Populated Beaches

OC 12/0026 Attracting Sharks to Populated Beaches


That Council respond to the Hon. Ann Bressington MLC advisingsupport for the principle of keeping our recreational swimming beachesas safe as possible by the prohibition of shark fishing within definedareas but requesting the following to facilitate a more informed responsefrom the Council to the draft Fisheries Management (Attracting Sharks) Amendment Bill 2012.

1. A broader public debate with reasonable consultation periodto allow Council to hear and digest the community views onthis matter.

2. A map to help members visualise what a two nautical mileexclusion zone from mainland South Australia (including



islands and reefs) may encompass.

3. Some idea of the circumstances that may be considered whenexcluding areas from the prescribed area.

4. Some indication of the circumstances which the Director ofFisheries may consider would warrant exemption from the restrictions in a prescribed area.

5. Some assessment of what might be possible implications (ifany) for the draft Marine Parks structure (eg. furtherdisplacement of or concentration of fishing effort).

CARRIED

10.3.5. Tour Down Under

OC 12/0027 Tour Down Under

Moved: Cr K Dutton Seconded: Cr P Lewis

That the City of Victor Harbor express an interest in hosting a stage startor finish in the 2013 SANTOS Tour Down Under.

CARRIED

10.3.6. Constitutional Recognition of Local Government

OC 12/0028 Constitutional Recognition of Local Government


1. That the City of Victor Harbor, having endorsed the ALGA’sobjectives in seeking financial recognition in the AustralianConstitution –

2. endorses the Local Government Association of SA’s (LGA) approach to funding awareness raising about LocalGovernment, and an Australian Local Government Association(ALGA) campaign for updating the Australian Constitution;

3. approves allocation of funds as proposed by the LGA in the2011/12 ($1,864), 2012/13 ($3,107), 2013/14 ($3,107), 2015/16($3,107) and 2016/17 ($3,107) financial years to the LGA for this purpose;

4. notes that should a referendum supported by the ALGA not proceed that any funding allocated to the ALGA campaign andnot spent will be returned to the Council; and

5. expects to be actively involved in both awareness raising andthe referendum campaign with local activities.

CARRIED



10.3.7. Outstanding Council Resolutions

OC 12/0029 Outstanding Council Resolutions

Moved: Cr T Telfer Seconded: Cr B Bond

That the Status Report on Council Resolutions as at 16th January 2012 bereceived as presented.

CARRIED

10.4. Property

10.4.1. Giles Street Proposed Road Closure and Sale

OC 12/0030 Giles Street Proposed Road Closure and Sale

Moved: Cr D Shepherd Seconded: Cr P Lewis

1. That Council consider the closure and subsequent sale of a portionof Giles Street to David Fletcher, the owner of adjoining land at 18Giles Street, indentified as Lot 234 of Filed Plan 165483, CT5810/50.With the proposal including closure of approximately 52 squaremetres of adjoining public road to be sold and merged with thesaid property.

2. That the applicant (Owner of 18 Giles Street) provides Councilwith an identification survey as per the proposed road closure and boundary adjustment.

3. That all survey and road closure costs of the potential road processbe borne by the Applicant.

4. That the City Manager is authorised on Council’s behalf tonegotiate a sale price for presentation to Council.

5. That upon completion of the identification survey and land value negotiations, the results be presented back to Council forconsideration and potential approval.

6. That subject to Council’s policy on ‘Sale and Disposal of CouncilLand and Other Assets’ and the limited market of the land in question, Council indentifies that the sale of public road reserveland by open market or tender process is not appropriate on thisoccasion.

CARRIED

11. REPRESENTATIVES REPORTS



OC 12/0031 Representatives Reports

Moved: Cr K Dutton Seconded: Cr T Telfer

That the Representatives Report be received.

CARRIED

12. MATTERS OF URGENCY

Nil.

13. QUESTIONS ON NOTICE

13.1. Question on Notice – LGA Circular Responses (Cr Bond)

Cr. Bond has submitted two Questions on Notice pursuant to regulation 10 (1) of the Local Government (Procedures at Meetings) Regulations 2000.

The questions were:

Draft Financial Sustainability Information Paper No. 27 : Prudential Management (LGA Circular No. 47.12)

Are council staff responding to the request and if so can they possibly do so in the time-frame i.e. by 23 December 2011?

Revision of Financial Sustainability Information Papers 1 to 5 (LGA Circular No. 47.14)

Are council staff responding to the request and if so, can they possibly do so by 31 December 2011?

Answer

Following the conclusion of the Financial Sustainability Inquiry in 2005, the Local Government Association commenced the preparation and publication of a series of Information Papers to assist Councils in addressing some of the common issues identified in the report. To date a total of 25 Information Papers have been published and a further two are in draft form. The papers provide valuable administrative advice on a wide range of subjects, and include references to legislation and best practice. Staff have used them on many occasions. Recently the LGA announced a review of these papers to update legislative references and their implications and has decided to consult with Councils on their content. Cr Bond’s question relates to consultation on Paper nos 1 to 5 and 27. It should be noted that Paper nos 6, 7, 8, 13, 17, 18, 23 and 25 have also been released for consultation.



While it may be desirable for members and staff to read each of these papers thoroughly and provide comments on various points, it is not practical to conduct this research. The papers in question constitute approximately 150 pages of detailed advice, while the remaining 13 papers would require a similar exercise. Experience has shown that the first release of the papers has been of a high quality and a valuable reference, and there is no reason to think that a review will change this situation. Rather than dedicate a significant resource to review each paper, Council is far better placed to refer to the information when and if required, and where necessary, to apply variations to address its own circumstances. It is suggested that there is no immediate need to provide feedback. Again it should be stated that the Papers provide information and recommendations rather than to set mandatory standards. They are provided to promote discussion and improve understanding of the various financial sustainability issues Councils currently face.

OC 12/0032 Question on Notice - LGA Circular Responses (Cr Bond)

Moved: Cr P Chigwidden Seconded: Cr T Telfer

That the Questions on Notice from Cr Bond regarding responses to LGACirculars Nos 47.12 and 47.14 and the answer thereto be received.

CARRIED

14. QUESTIONS WITHOUT NOTICE

14.1. Street Preachers

Cr Telfer asked for an update on the street preachers in Victor Harbor.

The City Manager outlined the current situation in Victor Harbor with Council having received 2 formal complaints from affected businesses and informal feedback from other sources. He reported on the meeting that he and the Mayor had with the Police Superintendent of the Hills Fleurieu Local Service Area and a local Sergeant from the Victor Harbor Police Station.

The City Manager indicated that Council sympathised with affected local businesses but it was a difficult situation to resolved and asked that all incidents involving the Street Preachers be reported to Council. Council is aware of a High Court action involving the Street Preachers and the Adelaide City Council and will monitor the case. The Street Preachers are indicating that it is a matter of freedom of speech and an expression of political opinion thereby avoiding any action by Councils and Police. Council’s By-Law states that it is an offence for street preaching however it is difficult to expiate offences if the offenders won’t provide their name and address as required. Council staff do not have an ability to arrest non-cooperative parties.



The City Manager reported that the State Government and other local government areas were also having an issue with this group. Council was trying to work through this issue to find a practical solution.

The Police and Council advised any member of the public confronted by the Preachers to simply walk away, as it was felt that the group were looking for confrontation and media exposure.

Mayor Philp also added that Council’s By-Law has a defence for expression of political opinion.

14.2. Main Street Businesses

Cr Bond asked: could the Victor Harbor Main Street Precinct Committee be asked to consider asking businesses in the CBD of Ocean Street, Victoria Street and Stuart Street, to sweep their verandah and footpath areas as a self help measure. If businesses were encouraged to sweep their frontages this would give a better appearance to Victor Harbor.

Cr Marshall asked why the main street is not swept more often. Cr Marshall indicated that when he had visited the area, many cigarette butts littered the ground and according to KESAB, cigarette butts that were washed down the stormwater drainage system was one of the biggest forms of litter off the coast.

14.3. Local Government Nomination to Coast Protection Board

Cr Bond asked whether this Council would consider a nomination to the Coast Protection Board. Cr Bond referred to LGA Circular No. 2.5. Nominations close 2 March 2012.

The Mayor indicated that if a Councillor wished to nominate they could seek Council endorsement at the February Council meeting.

15. MOTIONS WITHOUT NOTICE

15.1. Change to Power Saving Lights in Civic Centre

OC 12/0033 Change to Power Saving Lights in Civic Centre

Moved: Cr D Shepherd Seconded: Cr T Telfer

That Council investigate the possibility of and the cost of changing the Civic Centre building lighting to LED lighting.

CARRIED



15.2. Letter of Appreciation

OC 12/0034 Letter of Appreciation


That a letter of appreciation be forwarded to Shirley Sunter of VictorHarbor Cycles and volunteers for the organisation and decoration of Victor Harbor for the Stage 3 Finish of the Tour Down Under which culminated in Victor Harbor winning the Best Dressed Town for that stage on Thursday, 19th January 2012.

CARRIED

15.3. Letter of Congratulations

OC 12/0035 Letter of Congratulations

Moved: Cr P Lewis Seconded: Cr K Dutton

That a letter of congratulations be forwarded to Kirsty Forbes, Co-ordinator of the Christmas Pageant for all her hard work on producing a very successful 2011 Christmas Pageant.

CARRIED

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.

16. CONFIDENTIAL

16.1. Visitor Information Centre – Lease

OC 12/0036 Visitor Information Centre – Lease

Moved: Cr D Shepherd Seconded: Cr C Sedunary

That pursuant to Section 90(2) & (3)(b) (i & ii) of the Local GovernmentAct 1999, the public be excluded from the meeting wit the exception ofstaff required to service the meeting to enable the matter regarding thelease to be considered in confidence. The relevant provisions are:

(b) Information the disclosure of which –

(i) could reasonably be expected to confer a commercial advantage on a person with whom the council isconducting business, to prejudice the commercial positionof the council; and

(ii) would, on balance, be contrary to the public interest.

CARRIED



The report and resolutions are filed in Council’s safe.

OC 12/0038 Visitor Information Centre - Lease

Moved: Cr P Chigwidden Seconded: Cr B Bond

That –

(i) pursuant to Section 91 (7)(b) & (9)(a) of the Local Government Act1999, Visitor Information Centre – Lease, the report and resolutions be retained in confidence until the matters relating to the lease arefinalised; and

(ii) the public be re-admitted to the meeting.

CARRIED

16.2. Supply and Delivery of One (1) only 3 tonne Tipper Truck – Tender No. 21/11

OC 12/0039 Supply and Delivery of One (1) only 3 tonne Tipper Truck – Tender No. 21/11


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 beconsidered in confidence as it relates to consideration of tenders for theprovision of a service.

CARRIED

The report and resolution are filed in Council’s safe.

OC 12/0042 Supply and Delivery of One (1) only 3 tonne Tipper Truck - Tender No. 21/11


That –

(i) pursuant to Section 91(7)(b) & (9)(a) of the Local Government Act1999, the matter remain in confidence until after the matter is further considered at the February 2012 Council Meeting; and

(i) the public be re-admitted to the meeting

CARRIED



16.3. Supply and Delivery of One (1) only 5-6 tonne Dual Cab Tipper Truck – Tender No. 22/11

Adjourned to next meeting

16.4. Supply and Delivery of one (1) only 8 tonne Tipper Truck – Tender No. 23/11

Adjourned to next meeting

OC 12/0043 Supply and Delivery of One (1) only 5-6 tonne Dual Cab Tipper Truck -Tender No. 22/11 and Supply and Delivery of One (1) 8 tonne TipperTruck – Tender No. 23/11

Moved: Cr K Dutton Seconded: Cr T Telfer

That Item 16.3 – Supply and Delivery of One (1) only 5-6 tonne Dual Cab Tipper Truck Tender No. 22/11 and Item 16.4 – Supply and Delivery of One (1) 8 tonne Tipper Truck – Tender No. 23/11 be adjourned until the February Council meeting pending a report from the mechanic regarding the replacement of the vehicles and more detail of the other competitivetenders.

CARRIED

16.5. Tender No. 20/11 – Torrens Street Stormwater Upgrade

OC 12/0044 Tender No. 20/11 - Torrens Street Stormwater Upgrade

Moved: Cr D Shepherd Seconded: Cr B Bond

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 beconsidered in confidence as it relates to consideration of tenders for theprovision of a service and the carrying out of works for the Council.

CARRIED

The report and resolution are filed in council’s safe.

OC 12/0046 Tender No. 20/11 Torrens Street Stormwater Upgrade


That –

(i) pursuant to Section 91(7)(b) & (9)(a) of the Local Government Act1999, the report, attachment and resolution of Council remain inconfidence until such time as the contract conditions are agreed to by the preferred tenderer; and



(ii) the public be re-admitted to the meeting

CARRIED

16.6. Encounter Lutheran School Road Sale Proposal

OC 12/0047 Encounter Lutheran School Road Sale Proposal

Moved: Cr P Chigwidden Seconded: Cr D Shepherd

That pursuant to Section 90(2) & (3)(b)(i&ii) of the Local Government Act1999, the public be excluded from the meeting with the exception of staffrequired to service the meeting, to enable this information to beconsidered in confidence as it could prejudice the commercial position of the council. The relevant provisions are:

Information the disclosure of which –

(i) could reasonably be expected to confer a commercialadvantage on a person with whom the council is conductingbusiness, the prejudice the commercial position of the council; and

(ii) would, on balance, be contrary to the public interest.

CARRIED

The report and resolutions are filed in Council’s safe.

OC 12/0050 Encounter Lutheran School Road Sale Proposal


That –

(i) pursuant to Section 91 (7)(b) & (9)(a) of the Local Government Act1999, the report, attachments and resolutions be retained inconfidence (with the exception of the need to negotiate with theEncounter Lutheran School) until a contract of sale is signed; and


CARRIED

9.01pm The Director of Planning & Regulatory Services and Acting Director of Environment and Infrastructure left the meeting and the Chambers

.



16.7. Alleged Breaches of the Elected Members Code of Conduct

OC 12/0051 Alleged Breaches of the Elected Members Code of Conduct

Moved: Cr K Dutton Seconded: Cr C Sedunary

That pursuant to Section 90(2) & (3) (a&g) of the Local Government Act1999, the public be excluded from the meeting with the exception of staff required to service the meeting, to enable the matter regarding the“Alleged Breaches of the Elected Members’ Code of Conduct” to beconsidered in confidence. The relevant provisions are:

(i) Information the disclosure of which would involve the unreasonable disclosure of information concerning thepersonal affairs of any person;

(ii) Matters that must be considered in confidence to ensure thatthe Council does not breach any duty of confidence.

CARRIED

9.05pm Cr Chigwidden declared a conflict of interest as a complainant in the matter and left the meeting.

Mayor Philp provided a statement as to why he believed that at this stage he did not have a conflict of interest as in his view the investigation had been completed and penalty finalised.

Cr Marshall indicated that he believed the Mayor still had a conflict of interest as it was his view that the matter had not been concluded. Cr Marshall also alleged that the City Manager had a conflict of interest on the grounds that he may be biased and he thought it unwise for him to remain in the room.

The City Manager denied a conflict of interest existed and outlined his reasons for believing this. He stated that in the interest of defusing what appeared to be a conflict he would leave the meeting for a comfort break but would be available to answer questions from members should that be necessary.

9.11pm The City Manager vacated the Chamber.

Cr Hall indicated that as the matter had not been finalised then it was also better for Mayor Philp to leave the room. Cr Bond supported this.

Mayor Philp asked the Elected Members by a show of hands whether they believed he should remain in the meeting. The vote was in favour of Mayor Philp absenting himself from the meeting.

Mayor Philp called for a nomination as Chair.

Cr Bond nominated Cr Shepherd who accepted the nomination.

9.13pm Mayor Philp vacated the Chair and left the meeting and the Chambers.



9.13pm Cr Shepherd took the Chair following consensus agreement of the Council.

9.14pm Cr Marshall vacated his chair and took a seat in the gallery while a vote was called on the receipt of the submission from Cr Marshall.


Moved: Cr B Bond Seconded: Cr K Dutton

That the submission from Cr Marshall be received.

CARRIED

9.14pm Cr Marshall resumed his chair.

Cr Lewis asked that the City Manager be invited back into the meeting to answer a few questions.

9.16pm The City Manager re-entered the meeting.

The matter was discussed at length and questions asked of Cr Marshall and the City Manager.

Once Cr Marshall’s submission had been discussed and questions exhausted, members gave him leave of the meeting so that the remaining councillors could further discuss the matter with a view to concluding it.

10.18pm Cr Marshall left the meeting and Chambers.

Further discussion occurred.

OC 12/0053 Alleged Breaches of Elected Members Code of Conduct

Moved: Cr D Hall Seconded: Cr P Lewis

That Council censure Cr Marshall for breaches of the City of Victor Harbor Elected Members’ Code of Conduct identified in 2011 by the LocalGovernment Governance Panel investigation report and his subsequentrefusal to provide a letter of apology for these identified breaches asrequested by formal resolution at the November and December 2011meetings of Council.

CARRIED

Cr Bond called for a Division:

Those for: Cr D Hall, Cr K Dutton, Cr C Sedunary and Cr P Lewis

Those against: Cr B Bond, Cr T Telfer


Date : ____________________________________ Chairperson : _______________________________________________

j:\committees\general\ordinarycouncil\minutes\20120123.doc of 27


Moved: Cr K Dutton Seconded: Cr B Bond

That –

(i) the reports and recommendations relating to the Alleged Breachesof the Elected Members’ Code of Conduct” (considered at thecouncil/special council meetings of 16th August 2011, 28th November 2011, 12th December 2011 and 23rd January 2012) bereleased from confidence; and


CARRIED

10.45pm Cr Shepherd vacated the Chair

10.45pm Mayor Philp re-entered the meeting and resumed the Chair

17. CLOSURE

The Chair declared the meeting closed at 10.46pm

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