council minutes - public - 19 september 2016 - city of whyalla minutes... · acting group manager...

MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF WHYALLA

HELD ON MONDAY 19 SEPTEMBER 2016 AT 5.30 PM

IN THE COUNCIL CHAMBER

PRESENT: Mayor L Breuer, Crs T Antonio, J Barnes, C Carter, D Knox, C McLaughlin, T Breuer, R Santucci and R Schmitz OFFICERS IN ATTENDANCE:

Acting Chief Executive Officer (Mrs M Hiscock) Group Manager City Development and Delivery (Mr A Stuyt) Acting Group Manager Engineering and Infrastructure (Mrs M Tucker) Acting Group Manager Finance and Corporate (Mrs S Vigar) Executive Officer (Mrs J Hayward)

1. Opening Prayer and Welcome

The meeting opened with the Civic Prayer. 2. Obituary Notices

Lizzie Bilsteen Jillian Brougham Archie Gray Nancy Holds Ronald Jeary Thelma Moretti Phillip Plumb Gordon Treacey Thelma Rutgers Dorothy Aitken Joyce Desmond Russel King Beverley Kittel Kenneth Kneebone Joe Pongritz

3. Acknowledgement

We acknowledge that this meeting is held on Barngarla Land and we give thanks for the use of this Land.

Council Meeting – Public – 19.09.16

4. Attendance Record Apologies – Cr S Minney Leave of Absence - Nil

5. Declaration of Members’ Conflict of Interests 5.1 Cr C McLaughlin declared a Conflict of Interest in Agenda Item 15.1.1 – Notice of

Motion – Regional Development Australia – Whyalla and Eyre Peninsula – Chief Executive Officer as a sitting RDA Board Member.

5.2 Cr C Carter declared a Conflict of Interest in Agenda Item 15.1.1 – Notice of Motion

– Regional Development Australia – Whyalla and Eyre Peninsula – Chief Executive Officer - as a sitting RDA Board Member. Cr Carter also declared an interest in anything relating to the Whyalla City Plaza.

5.3 Mayor L Breuer advised that she is also a RDA Board Member. Mayor Breuer

advised that she did not see a conflict of interest in the matter for discussion (Agenda Item 15.1.1 – Notice of Motion – Regional Development Australia – Whyalla and Eyre Peninsula – Chief Executive Officer) as an allowance is not paid to Board Members just sitting fees.

6. Minutes of Previous Meetings 6.1 Ordinary Council Meeting held on Monday 15 August 2016

Moved Cr Breuer, seconded Cr Knox

C2716-2016 That the Minutes of the previous Ordinary Council Meeting held on Monday 15 August 2016, as per copies supplied to Members, be adopted as a true and correct record to that meeting.

Carried Unanimously

6.2 Special Council Meeting held on Monday 26 August 2016

Moved Cr Carter, seconded Cr Santucci

C2717-2016 That the Minutes of the Special Council Meeting held on Monday 26 August 2016, as per copies supplied to Members, be adopted as a true and correct record to that meeting.

Carried Unanimously


6.3 Special Council Meeting held on Monday 5 September 2016

Moved Cr Antonio, seconded Cr Barnes

C2718-2016 That the Minutes of the Special Council Meeting held on Monday 5 September 2016, as per copies supplied to Members, be adopted as a true and correct record to that meeting.

Carried Unanimously

6.4 Special Council Meeting held on Monday 12 September 2016

Moved Cr Carter, seconded Cr Knox

C2719-2016 That the Minutes of the Special Council Meeting held on Monday 12 September 2016, as per copies supplied to Members, be adopted as a true and correct record to that meeting.

Carried Unanimously

7. Deputations – Nil 8. Presentations 8.1 Mr Sebastian Hams presented an update on the current position of Arrium on behalf

of KordaMentha. 8.2 Mr Blake Brougham presented on the Youth Advisory Committee’s current business. 9. Matters Adjourned / Deferred 9.1 Item 14.4.4 – Foreshore Balustrade and Seawall Protection Works

(Resolution C2677-2016 from the Council Meeting held on 15 August 2016)

Deferred Item 14.4.4 (as above) has been included in Council Agenda Item 13.4.1 – Works in Progress – Engineering and Infrastrcture Department for discussion.


10. Public Question Time 10.1 Dr A Melville-Smith – Whyalla Veterinary Clinic 10.1.1 Animal Management Matters

On Saturday 27 of August 2016, a Whyalla resident found a stray cat and was advised by a Council Compliance Officer to take it to the vets to be cared for until the Whyalla Council opened on Monday 29. We were happy to help the Whyalla Council out if the staff were unavailable to collect a stray cat and we hospitalised the cat for the weekend to ensure it was cared for. On 5 August we received a purchase order number 107441 from Council for the care of the cat authorised by the Council Compliance Officer. Please find attached the authorisation from the Council Compliance Officer, (Appendix 1) and purchase order from Council (Appendix 2). What concerns us is the comments contained on the purchase order in capital letters “ONE OFF PAYMENT – STAFF WILL ENSURE RESIDENTS ARE TOLD COUNCIL WILL NOT DEAL WITH CATS ON THE WEEKEND AND TO CALL BACK DURING BUSINESS HOURS”.

Ms Bowman, Manager Environmental Health and Regulatory Services provided the following responses: Q.1 Firstly, the use of all capitals is rude. It implies shouting or extra emphasis. Why did

Council’s Legislation Compliance Officer feel it was necessary to use all capitals in such a blunt statement?

A.1 This officer uses capitals in internal notes section of the requisitions, this comment

was for internal use and not intended to offend anyone. Q.2 Would the Council please explain the meaning of “ONE OFF PAYMENT”. Since it’s

obvious that we would not double bill the Whyalla Council for a service, does this mean that we are not to care for any future stray or trapped cats, even if a request is received from Whyalla Council staff?

A.2 Staff have been instructed to refer people to the Call Centre and not to respond

directly to residents with instructions. This will mean that Council will not be billed in future for the boarding of animals over the weekend.

Q.3 It is not our job to inform the residents of Whyalla that there is no animal

management on the weekend. The statement infers that it is the responsibility of the veterinary clinic staff to notify the Whyalla residents of Whyalla Council policy? Why does the Whyalla Council feel it is our responsibility? “STAFF WILL ENSURE RESIDENTS ARE TOLD COUNCIL WILL NOT DEAL WITH CATS ON THE WEEKEND AND TO CALL BACK DURING BUSINESS HOURS”.

A.3 This was an internal note placed in the wrong section of the requisition template

meaning that the Senior Compliance Officer would instruct Council staff to ensure that residents are made aware of Council’s after-hours service.


Q.4 If the Council is discontinuing animal management on the weekends, then the

Whyalla Council has a duty to make sure that the Whyalla residents are appropriately informed. Since this notice from Council is the first I have heard of this, could you please inform me what advertising has been done to make residents aware of these changes. Why hasn’t it been put on the Whyalla Council Facebook site? Why has no article been put in the Whyalla News? Why has the Whyalla Council not put a notice up on TV cash classifieds?

A.4 Council’s after-hours service is for the collection and detention of detained dogs only

and has never involved the management of cats. This has not changed in recent times and therefore there is no need for additional media.

Q.5 If the Council is relinquishing animal management of cats on the weekends, will the

Council refund all the registration fees paid by cat owners, since this was obtained under false pretenses?

A.5 Council enacted By-law 6 – Cats; this by-law requires all cats to be registered. The

registration has no bearing on the after-hours services provided. Q.6 As you will be aware, since Council terminated the agreement between Whyalla

Veterinary Clinic and the Whyalla Council on 28 January this year, no formal arrangement has been in place. Given this, why did the Council’s Compliance Officer feel she had the authority to issue instructions to the staff at the veterinary clinic? “STAFF WILL ENSURE RESIDENTS ARE TOLD COUNCIL WILL NOT DEAL WITH CATS ON THE WEEKEND AND TO CALL BACK DURING BUSINESS HOURS”.

A.6 As mentioned above, this comment was intended as an internal instruction to

Council staff and not as a direction to the staff at the veterinary clinic. Q.7 As a veterinarian, I feel I have to warn the Whyalla Council of the animal welfare

considerations of leaving cats in traps or other inappropriate long-term containment over the weekend, until Compliance Officers can collect them “DURING BUSINESS HOURS”. The RSPCA has been notified that the new Whyalla Council Animal Management Policy puts the welfare of confined cats at risk. (Appendix 3). Has this been taken into consideration by the Whyalla Council?

A.7 Council does not request residents to trap cats and residents are informed of

Council’s services upon hiring the trap/s. There is a note to this regard on the Council’s web-site.

Q.8 The new Whyalla Council Animal Management Policy leaves stray and feral cats in

the care of untrained Whyalla residents over the weekend. As a veterinarian, I need to make the Whyalla Council aware that handling and caring for stray and feral cats carries a real risk of injury to the carer. Does the Whyalla Council feel that this is appropriate animal management?


A.8 Council provides animal management services in accordance with the requirements

of the Dog and Cat Management Act. Q.9 In July this year, the Whyalla Council called for expression of interest for providing

animal management services. This was quite specific about what was required: “Collection and detention of stray animals 24/7 from within the Council area”. 24/7

means weekends. Why then has the Whyalla Council decided not to provide this service on weekends, whilst specifying a contractor should provide weekend service?

A.9 Through the expression of interest process, Council was considering all options in

relation to animal management operations, this has no bearing on current arrangements.

Q.10 In July this year, the Whyalla City Council called for “Expressions of Interest from

parties interested in providing Animal Management Services in partnership with Council for a 5 Year Term.” The deadline for notification of shortlisted parties was Friday 12 August 2016. Since more than a month has passed from this deadline, has the Whyalla Council come up with a list of shortlisted parties? When will the Whyalla Council reveal who has been selected from the shortlisted parties to provide the service?

A.10 This process has been finalised, all applicants were notified of the outcomes of their

submission. Q.11 The Whyalla Council is currently surrendering unclaimed dogs from the Whyalla

pound to the RSPCA. Given the precedent set by Council on the 28 January this year with the dogs Buddy and Lala, where the Whyalla Council expects to be able to retrieve unclaimed pound dogs that have been surrendered to a third party. What protocol is in place to allow the Whyalla Council to retrieve surrendered dogs from the RSPCA should a Whyalla Council administrative error occur again?

A.11 Council has no formal agreement with the RSPCA or any other organisation at this

current point in time. In the extremely rare event Whyalla Council has a need to a retrieve surrendered dog, it would be via negotiation between the parties.

Q.12 Following the Whyalla Council’s euthanasia of impounded dogs on 6 July and

subsequent burial of the bodies at the local refuse tip, the Whyalla Council gave an undertaking at 18 July Whyalla Council meeting: “This was a ‘one off’ measure which was necessitated by the need to control the spread of disease.” Have any further euthanised animals from the Whyalla pound been disposed of by burial at any refuse tip?

A.12 No.


Q.13 At the Council meeting on 18 July, the Council stated: “On 6 July 2016 an attending

veterinarian and a representative from the RSPCA confirmed a case of parvovirus at the Whyalla Pound.” Since the attending veterinarian was not involved in the diagnosis of parvovirus and at that time we had no cases of parvovirus being treated. Was the Whyalla Council, was relying on the diagnosis of parvovirus infection from the “representative from the RSPCA” to make the decision to euthanise the dogs in the pound?

A.13 We draw the questioner’s attention to the comprehensive answers by Council in

response to questions raise at the 18 July 2016 meeting, specifically Answer 3. Council has no further comments in relation to the events of 6 July 2016. 10.2 Mr John Scott - Resident 10.2.1 KordaMentha / Arrium Q.1 Regarding Mr S Hams’ (KordaMentha) presentation and his statement “what we

need is support around environmental” and also “the State Government is finalising environmental support”– I am wondering what that means and is it something that Councillors are exploring?

A.1 Group Manager, City Development and Delivery, Mr Andre Stuyt advised that the

Arrium indentured area is outside of the Council area so essentially this is a negotiated arrangement between Arrium and the State Government and Council is not privy to the support around the environmental matters. This is essentially a discussion between the Department of State Development, Environment Protection Authority and Arrium.

Q.2 Does it not draw to our attention the need for Council to be thinking about the

ramifications of a change of ownership for the Steel Indenture Act and how it relates to the Council and this community generally?

A.2 Mr Stuyt took the question on notice. Q.3 Regarding the discussion of ongoing negotiations through the Trade Unions - I have

yet to hear or read whether those negotiations go to the matter of the interest which employees have in the existing business being shareholders in the business? This could also be extended further to past employees of the business where are shareholders of the business?

How are discussions proceeding to try and protect the interest of existing shareholders through the sale process?

A.3 Mayor Lyn Breuer advised that she considered this was not an issue for Council at

this stage. Mayor Breuer advised that the question would be taken on notice and Council would discuss this matter with KordaMentha for a response.

Q.4 Is Council involved with any parties, both State and Federal, in exploring a Steel

Community Assistance Program (a funding program) of a similar nature to that which was put in place in the 1980s when the steel industry had a major downturn.


A.4 Mr Stuyt advised of Council’s discussions with the Department of State

Development which has established a Steel Taskforce to essentially work through many of the social and economic issues facing Whyalla. Representation from the Steel Taskforce have spoken to Council’s Whyalla Advisory Taskforce to advise Council of levels of assistance which the State Government is providing throughout the Whyalla community.

Mayor Breuer assured that the State and Federal Governments were taking this

matter seriously and discussions were being held. Mayor Breuer advised that the matter was at the foremost of everyone’s mind and all levels of Government were developing processes in this regard.

Q.5 I have read much of the information that Mr Stuyt has referred to and it doesn’t go to

what is behind my question. Do you recall in the mid 80s the Federal Government put up $100M for the three

steel communities which were very adversely affected at that time by the major downturn globally in the steel industry? And it follows is there any similar discussion occurring at Federal and State level for a major funding program to engage in the infrastructure investment job creation. I am not talking about the small State schemes?

A.5 Mayor Breuer advised that this is being considered at a State and Federal level in

relation to the packages and programs which could be put into place. Mrs Migelle Hiscock, Acting Chief Executive Officer advised that the State

Government has appointed Mr Paul Case, working with the Department of State Development. Mr Case has access to the Premier and Minister’s Departments and regularly meets with Council and organisations within the City regarding the current issues. Programs have already been implemented regarding this and some smaller funding has been received but, as Mayor Breuer has indicated the bigger funding is still being discussed.

Mayor Breuer advised that the Federal and State Governments are talking together regarding what programs can be implemented. Mayor Breuer advised that this matter is evolving and Council has been reassured that both the State and Federal Governments are aware of the situation in Whyalla and will do all they can to support the City. Mayor Breuer is very confident that both the State and Federal Governments are working their best to support the City of Whyalla.


10.3 Ms Joanne Waters - Resident 10.3.1 Nuclear Findings Q.1 Has Council considered the Findings of the Royal Commission and its implications

for Whyalla? A.1 Group Manager City Development and Delivery, Mr Andre Stuyt advised that

Council had received and noted the Findings of the Royal Commission but at this time Council had not deliberated on them.

Q.2 I notice that the Upper Spencer Gulf Common Purpose Group (USGCPG) has made

a submission on the Findings. I believe that Council is a part of this group? Is Council aware of the submission by the USGCPG? A.2 Acting Chief Executive Officer, Mrs Migelle Hiscock advised that Council is aware of

the USGCPG submission and Council was a part of this submission.

Q.3 So this means Council has made a decision? A.3 Mrs Hiscock advised that the submission had come from the Chief Executive

Officers of the Spencer Gulf Cities not the Elected Body?

Q.4 My question is to the Elected Body are they involved in the conversation? Do they know what the decisions are?

A.4 Mayor Breuer asked Ms Waters as to what she considered Council’s involvement in the matter should be? Ms Waters responded that if the region was to be involved in either nuclear energy generation or the transport of nuclear waste to a facility somewhere in the State and the USGCPG thought it was important enough to make a submission regardless to what was said Council should participate. I believed that there were Elected Bodies sitting together making the decision and not the Chief Executive Officers of the Upper Spencer Gulf on behalf of the Council. Ms Hiscock advised that the Chief Executive Officers had not made decisions on behalf of Council. Deputy Mayor Antonio was involved in discussions along with the other Mayors of the USG Cities and representatives from the RDAs. Ms Waters is quite correct in advising that the decision did not go either way it was just a submission to advise that the USG Cities were aware that the Royal Commission was underway and the thoughts of the three cities was put forward. Mayor Breuer advised that if there was a proposal put for our Region or any other requests the Council would want to be a part of this decision. Council would need to talk about this and make a stand on the issue.


11. Council Delegate Reports 11.1 Councillor Tom Antonio advised of his attendance at a Luncheon held in Adelaide

which was held in conjunction with the Land Forces 2016 presentation of the Babcock Pty Ltd report “Developing the Cultana Training Area – Towards 2040”.

Councillor Antonio advised that due to the success of the Australian Army Exercise

Hamel 2016 Defence has advised that this would happen again into the future.

Councillor Antonio advised that discussion was had on the upgrade of the current Whyalla Airport to allow heavier aircraft to use Whyalla’s facilities.

13. Elected Members Activities 13.1 Cr J Barnes Cr Barnes advised: of

Her attendance at the Whyalla Tourism – Talking Tourism event which was held on Wednesday 31 August 2016. Councillor Barnes advised that event had a great turnout and had been well received by those attending.

her attendance at the 2016 Graeme Jose Spirit of Whyalla Award held on

Thursday 1 September 2016 at the Middleback Arts Centre. Councillor Barnes congratulated the small Committee on a fantastic event and the young adults who were nominated for the 2016 Award.

13.2 Cr R Santucci Councillor Rick Santucci echoed Councillor Barnes’ comments on the Whyalla

Tourism – Talking Tourism and the 2016 Graeme Jose Spirit of Whyalla Award. 13. Management Reports 13.1 Finance and Corporate Department – Ordinary Reports 13.1.1 Works in Progress – Finance and Corporate

Moved Cr Knox, seconded Cr Schmitz

C2720-2016 That the report be received and noted.

Carried Unanimously


13.2 Community Department – Ordinary Report 13.2.1 Works in Progress – Community

Moved Cr Carter, seconded Cr Schmitz


Carried Unanimously

13.3 Planning, Development and Tourism – Ordinary Reports 13.3.1 Works in Progress – Planning, Development, Tourism, Health and Regulatory

Services

Moved Cr Carter, seconded Cr Knox

C2722-2016 That the report be received.

Carried Unanimously

13.4 Engineering and Infrastructure – Ordinary Reports 13.4.1 Works in Progress – Engineering and Infrastructure

Moved Cr Knox, seconded Cr Breuer


Carried Unanimously


13.4.2 Employee and Other Cost Savings Benefiting the Community in Current Crisis

Moved Cr Breuer, seconded Cr Carter

C2724-2016 That: in accordance with the Asset Disposal Policy, P2480 (Car 15) and P2096

(Car 3) be advertised locally for sale for a period of four weeks, if not sold then, be placed for auction with Gray’s Online;

P2458 C816 – second-hand Caterpillar 816b Compactor be disposed of by the method providing the best return for Council; and

any review of the organisational structure is reflective of the Councils desire to achieve long-term cost-saving and delivers efficient services to the community.

Carried Unanimously 13.4.3 Request to Fly Eureka Flag – Eureka Week

Moved Cr Knox, seconded Cr Carter

C2725-2016 That Council: 1. endorse the release of the policy titled “Flag and Banner Policy” for public

consultation in line with Council’s Public Consultation Policy, and if no substantive comments are received, the policy be implemented, and

2. consider the request from Spirit of Eureka (SA) to be appropriate and approve the flying of the Eureka Flag from Civic Building, Darling Terrace, from Tuesday 29 November 2016 to Monday 5 December 2016, in accordance with National protocols.

Carried


13.4.4 Sporting Ground Fees Hire

Moved Cr Schmitz, seconded Cr Antonio

C2726-2016 That Council: 1. endorse a reduction in the current ground hire fees for senior and junior (low

and high impact usage) as follows, effective from 26 September 2016:

seniors (high impact): from $63.50 per hour to $31.75 per hour

seniors (low impact): from $32.60 per hour to $16.30 per hour

juniors (high impact): from $32.60 per hour to $16.30 per hour

juniors (low impact): from $16.30 per hour to $8.15 per hour; and

2. authorise Council Administration to negotiate a usage fee, under separate

agreement, with the Whyalla Cricket Association up to $2,000 per facility/per annum.

Carried Unanimously

13.4.5 Driveway Construction Policy

Moved Cr Knox, seconded Cr Barnes

C2727-2016

That Council endorse the release of the draft policy titled “Driveway Construction Policy” for public consultation in line with Council’s Public Consultation Policy, and if no substantiative comments are received, the policy be implemented.

Carried Unanimously

13.5 Executive Services – Ordinary Reports 13.5.1 Acting Chief Executive Officer’s Action Report – September 2016

Moved Cr Breuer, seconded Cr Carter

C2728-2016 That the September 2016 meeting Action Report, as submitted by the Acting Chief Executive Officer be received and noted.

Carried Unanimously


13.5.2 Rescission Motion EG32-2016 – Streetscape Committee

Moved Cr Breuer, seconded Cr Barnes

C2729-2016 That Council: rescind the disbanded Environment Committee Resolution EG32-2016 –

Streetscape Committee; and

requests a comprehensive review of the Citywide Landscape Plan, including Elected Body, stakeholder and community engagement.

Carried Unanimously

13.5.3 Elections for the Positions of Representative Members of the Board of Trustees Moved Cr Breuer, seconded Cr Barnes

C2730-2016 That Whyalla City Council votes for Cr John W Frogley and Cr John L Sanderson to be Representative Board Members of the Local Government Finance Authority (LGFA) for a term of two years.

Carried Unanimously

Cr R Schmitz vacated the meeting at 7.56 pm and returned to his seat at 7.59 pm

14. Information Reports 14.1 Mayor Lyn Breuer – List of Engagements

Moved Cr Barnes, seconded Cr McLaughlin

C2731-2016 That the Information Report, as listed below, be received and noted: Mayor Lyn Breuer – List of Engagements

Carried Unanimously


Councillors Carter and C McLaughlin, who are Board Members of Regional

Development Australia – Whyalla and Eyre Peninsula (RDA-WEP) declared an interest in the issue under reference and vacated the meeting at 7.03 pm.

Mayor Lyn Breuer advised, that although she is a RDA-WEP Board Member she would

not declare an interest in the issue under reference as she was submitting her resignation from the Board as of tomorrow, and advised that she would not participate

in the debate but would merely Chair the meeting.

15. Notices of Motion 15.1 Regional Development Australia – Whyalla and Eyre Peninsula – Chief Executive Officer

Moved Cr Knox, seconded Cr Breuer

C2732-2016 That the Whyalla City Council advise the Board of Regional Development Australia – Whyalla a nd Eyre Peninsula (RDA-WEP) that it has lost confidence in its Chief Executive Officer in regard to the handling of the BlueTech Proposal, with particular reference to: media comments detrimental to the City and Whyalla City Council communications legal issues potential for damage to the other renewable energy proponents Council has

been dealing with the entering into a Memorandum of Understanding which was presented to

the Mayor to sign without reference to the decision-making body potential for the fall-out to impact on the work KordaMentha are doing with

Arrium, and the damage caused to the reputation of Whyalla City Council at a time when

the city is facing a major crisis.

Carried

Councillor Barnes called for a division: The Presiding Member declared the vote set aside Members voting in the affirmative: Councillors Barnes, Breuer, Knox, Santucci and Schmitz Members voting in the negative: Councillor Antonio The Presiding Member declared the motion CARRIED.


Matter Arising

Moved Cr Barnes, seconded Cr Knox

C2733-2016 That Council consider and review its ongoing involvement and partnership with Regional Development Australia – Whyalla and Eyre Peninsula (RDA-WEP) and that as part of the review the RDAWEP Chair address Council re this matter.

Carried

Councillor Antonio called for a division: The Presiding Member declared the vote set aside Members voting in the affirmative: Councillors Barnes, Breuer, Knox, McLaughlin, Santucci and Schmitz Members voting in the negative: Councillor Antonio The Presiding Member declared the motion CARRIED. 16. Questions on Notice 16.1 Councillor T Antonio 16.1. Confidentiality Q1. Has any Elected Member spoken to anyone apart from Elected Members or the RDA-WEP regarding the Adam Hammond proposal which is under confidentiality? Q2. Is any Elected Member aware of any staff members that have spoken to anyone

outside the Elected Member Body or the RDA-WEP on the Adam Hammond proposal?

Q3. If the answer to question 2 is yes, are they still working employed by this Council? A1-3. Mrs Hiscock advised that Council is not aware of any conversations, however, the

Acting Chief Executive Officer is happy to undertake an audit of Council’s email tracking system to confirm this has not occurred.


16.2 Councillor C Carter 16.2.1 Planning, Development and Tourism Department Q1. Acting Chief Executive Officer, how many people in Mr Andre Stuyt's Department no

longer answer to him, and is it correct they report to you? If this is correct, why? If this is correct, why does this Council require a Group Manager in this Department

(even though I think a Group Manager in this Department is warranted)? Acting Chief Executive Officer, is this normal practice? A1. Mrs Hiscock advised that as per the Local Government Act SA 1999 there are many

functions in which a Council and Councillor operates – refer Sections 6, 7, 8 and 59. The role of a Council as set out under Sections 6, 7 and 8 of the Act is to govern and

manage; be an informed responsible decision-maker; provide and co-ordinate public services and facilities; and provision of strategic management to name a few.

Section 59 of the Act determines the role of a Councillor which includes participation

in the deliberations and civic activities of the Council; keeping Council's objectives and policies under review; keeping Council's resource allocation, expenditure and activities and efficiency under review; and is a person elected to Council to represent the interests of residents and ratepayers, to provide community leadership and guidance, and to facilitate communication between the community and the Council.

S99 of the Act outlines (as per one of the dot-points allocated as the functions of the

Chief Executive Officer) that the Chief Executive Officer is to undertake the responsibility for the day-to-day operations and affairs of the Council.

It is considered that the question put by Councillor Carter is in relation to a key

function to be undertaken by and allocated to the Acting Chief Executive Officer and is not a part of a ‘specific role’ or the ‘responsibility of’ a Councillor as per the Local Government Act SA 1999.

The Acting Chief Executive Officer believes that this question is based an operational

matter and is not the responsibility of a Councillor. 16.2.2 VIC and Tourist Operators Visit to Whyalla

A recent visit organised by our Visitor Information Centre hosted other associated out of town VIC’s and tourist operators, has left me with questions from a disgruntled local operator.

Q.1. When these visits happen, is it expected that local businesses are expected to be

burdened to offer FREE accommodation, FREE meals, FREE alcohol and refreshments, relating to out of pocket expenses?

A local business hosted, and charged them for the meal and refreshments. This operator asked why they didn't rate a mention in the thankyou list? They were told it was because they didn't look after the guests or offer any special services. Meaning FREE everything.


Q.2 Is this correct? A2&3 Mr Stuyt, Group Manager City Development and Delivery has responded accordingly: (Mr Stuyt advised the meeting that his response (as below) was also in answer to a

statement made by Cr Carter regarding a comment from Cr J Barnes on this matter which has now been omitted from the tabled question.)

I refer Councillors to the detailed answer provided to Cr Carter via email, dated

Wednesday 3 August 2016 1.28 pm, which was also sent to all Elected Members. Staff were not privy, nor in receipt of any responding email from Cr Barnes to Elected

Members as referenced by Cr Carter so are not in a position to respond to Cr Carter’s question.

I take this opportunity to reiterate that Council recently organised a famil to Whyalla of

frontline VIC staff from the Eyre Peninsula and Flinders Ranges to showcase our city. An approach was made to all local tourism operators for proposals for various

elements of the famil program. At no time did Council seek or demand free product or service.

The more savvy and progressive Whyalla tourism operators came forward with offers.

One accommodation operator in particular, who had room availability, expressed keenness to accommodate all the delegates (8) free of charge, which is a great reflection of the support of tourism for Whyalla. It also demonstrates the business operator’s understanding of the value in hosting frontline VIC staff to their business and appreciation to city to support and drive the visitor economy in these challenging times.

Council staff co-ordinated and shared the opportunity to host amongst the different

businesses who responded. A copy of the famil program/itinerary and list of venues and what they kindly provided has been sent out to Elected Members in the email dated Wednesday 3 August 2016 1.28 pm.

A dinner was held on the night of 28 July where the attendees paid their own way.

Organising staff were presented with the option to go elsewhere as there was an offer from another operator/venue to furnish the group with a couple of bottles of wine gratis, but it was decided to attend this venue to ensure the visitors experienced as many variations of hospitality and venues as possible throughout Whyalla.

Management at the complaining venue were fully aware who made up the dining

party with the famil organiser visiting the establishment prior to confirm arrangements. On the night, no welcome to the restaurant was forthcoming or the opportunity taken up to showcase the business. Staff treated the attending group being there as business as normal for the restaurant. When the group payed and requested receipts, the attending staff member behind the bar asked who the group was and seemed surprised when told the identity of the guests.

As all will appreciate – with any sponsorship there is the expectation of public

acknowledgement as has occurred and it would be most inappropriate and unfair to do otherwise. To single out one establishment who didn’t sponsor the visit in any way to publically thank them when the whole city has hosted the visitors as they also shopped, had coffee and fuelled up would be erroneous.


I’d like to commend Liz McNeill and Teresa Court for putting together the famil program and co-ordinating with local tourism operators. Their considerable efforts helped reduced the cost of this exercise to Council and ensure a successful program showcasing Whyalla in the best possible light.

We have received positive feedback from other tourism operators in Whyalla of this

famil exercise. 16.2.3 Whyalla Leisure Centre Tender

Acting Group Manager Engineering and Infrastructure, the next few questions relate to the approximate variance of $45,000 to the Whyalla Leisure Centre tender by McMahon Contractors regarding roof-mounted exhaust fans.

Mrs Tucker, Acting Group Manager Engineering and Infrastructure has responded accordingly:

Q.1. Did the successful tenderer exclude the hall exhaust fans from the Scope of Works as part of their tender submission?

A.1 As advised to Elected Members on 26 August. Yes. Q.2 If yes, then why was their tender accepted as a COMPLIANT tender when the

documentation clearly shows this to be part of the works? A.2 I did not undertake the assessment thus cannot say.

Project Engineer Manager City Services contract executive (consultant); and design consultants This contract was reported to and awarded by Council on 29 March 2016.

Q.3 What are the Council rules in relation to non-compliment tenders and what is Councils

obligation to ask the same questions to the other tenders if this type of omission occurs?

A.3 Please note as I was not involved at the time, my comments relate to what the

procedure contains: Clause 7.10.2 – Non-complying must be removed and notified.

Clause 7.10.4 – Council can seek clarification and must document these clarifications. Clarification is only required from the relevant tenderer, unless it relates to all of them.

Other than this I cannot comment on what actually happened during the assessment. Q.4 If no, then why is Council accepting the variation as payable when the documentation

clearly shows this to be part of the works?


A.4 The variation was issued in June by Council’s Manager City Services, I do not know

what the reasoning behind the issue of the variation was. What I can confirm is that the tenderers submission clearly shows that it had been omitted in the pricing, and that inclusion would not have changed the recommendation, please refer my advice to Elected Member on 26 August.

Q.5. Did Council offer and extend the right to respond to the other tenders if this was

known at the time, and if not, why not? A.5 I cannot say, as I was not involved. Q.6 If the successful tender failed to include the works for the fan installation and supply,

should the Council be paying $45,000 for this omission? A.6 Council has agreed through its agent, the Manager City Services, via the approved

variation, to pay for the works previously not priced by the contractor. Yes. Q.7 If this is now the standard and Council will now be committing to paying for mistakes

of tenders, will the Council therefore be altering all documentation to reflect this position for all future tenders?

A.7 This is not the standard. Q.8 Has this variation been paid? A.8. Yes. Q.9 If yes, why was it approved when the documentation clearly shows this variation to be

part of the original scope of works? A.9 This has been paid because, Council through the variation issued by its agent, the

Manager City Services, has agreed to the additional expenses. Q.10 If this variation has been paid, and given my line of questioning and that I have plans

that were given to tenderers that clearly show the exhaust fans were part of the scope of works, will Council seek recovery of the amount paid?

A.10 I would recommend not pursuing for the following:

in the interests of maintaining our good reputation with local contractors;

potential reputation damage to Council;

the existence of the subsequent variation issued by Council increases the risk that Council will fail, thus adding further to cost; and

risk to the sustainability of that local business should Council win, resulting in more local job losses.


Additional Question Put by Councillor Carter Q.11 This is an international company you are dealing with. I am appalled that this Council

has to pay $45,000 of ratepayer’s money for an omission by a contractor when it is clearly stated they should have included the exhaust fans as part of their works.

A.11 Ms Tucker advised that in normal circumstances where a contract is entered into and

there an omission of this kind Councillor Carter would be correct. However at the point that the Variation was issued, and with the staff member no longer employed by Council to ask, Council does not have any understanding why this Variation was agreed to. In the circumstance where we have an original contract and then Council has an agreement, by a Council officer, an agent of this Council to pay that additional $45,000 we now find Council in this position.

If the Council had entered into the Contract and there was no subsequent variation or

agreement to pay the additional amount then Councillor Carter would be correct. At some point there has been a discussion with a Council officer and the Council officer has issued a Variation signed by that person, agreeing to pay that additional amount. So we really have two agreements in which Council has agreed to pay the amounts.

Moved Cr Antonio, seconded Cr Carter

C2734-2016 That Council suspend formal meeting process for a period of up to 10 minutes to discuss matters raised in Item 16 – Questions on Notice – Councillor Carter’s question relating to the Whyalla Leisure Centre Tender.

Carried

The formal meeting procedures suspended at 7.42 pm Councillor Antonio called for a division: The Presiding Member declared the vote set aside Members voting in the affirmative: Councillors Antonio, Carter, Knox, McLaughlin, Santucci and Schmitz Members voting in the negative: Councillors Barnes and Breuer The Presiding Member declared the motion CARRIED.


Moved Cr Antonio, seconded Cr Carter C2735-2016 That Council resume formal meeting procedures.

Carried

The formal meeting procedures resumed at 7.52 pm 17. Questions without Notice 17.1 Councillor T Antonio Q.1 Do our newly installed street signs comply to Australian Standards? A.1 Acting Group Manager Engineering and Infrastructure, Ms Michelle Tucker advised

that the street signs are installed in accordance with the resolution of Council C460-2011 – they do not meet the Standard – past Engineering and Infrastructure staff have been aware of this.

To address this issue, Council have been in contact with the department and have

been advised that Council should seek a “non-standard” approval; this application is being prepared by staff.

Q.2 Has the Whyalla City Council’s water license being approved? A.2 As per advice in the Acting Group Manager Engineering and Infrastructure’s report in

August, this matter is to be discussed at a meeting to be held on 21 September. Council will be advised of the outcome once known.

Q.3 Is the Whyalla City Council meeting following planning requirements under the

legislated timeframes for building approvals? A.3 Acting Chief Executive Officer, Migelle Hiscock advised that South Australia has a “2

pronged” development approval process and therefore the questions will be answered in 2 parts:

Planning – in the last 6 months, Council Planning staff have approved 118 planning

consents, of which 115 of them have been approved within the statutory timeframe. The 3 applications that were not within the statutory timeframe were just over time and one was a Development Assessment Panel item.

Building – in the last 6 months, the Building Department have approved 114

applications, of which 103 were completed within the statutory timeframe. Of those applications over the statutory time, most were in July and August which coincides with the Senior Building Surveyors resignation from Council and it was anticipated that there would be a genuine impact and adjustment time as this position is not being replaced.


Q.4 Have we lost revenue for Whyalla from Franklin Harbor and other relational towns through our Planning Department for building works sharing our services?

A.4 Mrs Hiscock advised that Whyalla Council has only been servicing Franklin Harbour

Council (no other relational towns) and yes, we will be losing some revenue as a result of the contract with Franklin Harbour expiring. However, it should be noted that Franklin Harbour has employed the services of Laurie Collins (again) and therefore no longer requires the services of an “outside” planning or building assessment.

Q.5 Has our Council contacted the principals of all the school as discussed to use our

Point Lowly Cottages for adventure camps? A.5 Mr Stuyt drew Member’s attention to decision PL6-2016 of the Point Lowly Lighthouse

Cottages Sub-Committee Meeting and the subsequent decision C2398-2016 of Council which was the endorsement of tariff and booking management and marketing structure for the Cottages.

A comprehensive marketing program was presented and discussed at the sub-

committee meeting. To date, staff have actioned most elements of the marketing program including.

Cash Classifieds (Regional coverage) Whyalla Tourism Facebook page Whyalla Website – Tourism / Accommodation listing Print advertising

o Whyalla News o Whyalla Visitor Guide o SA Accommodation Guide

In house marketing o Whyalla Visitor Centre (Promotional flyers, display, accommodation guide) o City Council (Promotional flyers)

With the recent completion of the cottage’s refurbishment, new promotional flyers are

being finalised. A mail-out to schools throughout SA, and contact locally to showcase the cottages with an inspection, is currently scheduled for late September / early October.

Q.6 Did the Mayor or the Proxy attend the EPLGA meeting held in Elliston, if not, was

there arrangements made for an Elected Member to attend? A.6 Mrs M Hiscock advised that the Mayor or Proxy did not attend the EPLGA meeting.

The Acting Group Manager Engineering and Infrastructure attended on their behalf. Q.7 Has the Acting Chief Executive Officer acted on my request at the last Council

meeting to arrange to meet with the Mount Laura Homestead Committee, so as we can get a firsthand understanding of the issues and concerns they have with all Elected Members on this valuable and important community asset?

A.7 Mr A Stuyt advised that staff have met twice to develop options for the future of the

Mount Laura Homestead Museum and plan for an Elected Member workshop. Staff have also sought relevant information from the SA Branch of the National Trust and the Whyalla Branch to assist in developing options. A workshop discussion paper is currently under preparation and due for completion by the end of the month. In the first instance, a confidential Elected Member workshop will be scheduled in October to confirm strategic direction.


Q.8 Has Gail Rostig made contact with the Whyalla Scout Group on a matter which was

raised in our last Council Meeting to see what assistance and support our Council can provide?

A.8 Youth Development Officer, Ms Gail Rostig advised that this matter had been

discussed by phone regarding what the YAC could do to assist the membership and promotion of the Scouts in Whyalla. Unfortunately, due to the passing of Ms Rostig’s father the first meeting did not go ahead. Members of the YAC are booked to attend the scouts meeting on Wednesday 28 September at the Rozee Street Hall to see how we can promote and support the growth of this worthwhile group. Scout Leader, Christine Ernesti, will be on hand to discuss the problems facing their organisation.

18. Motions without Notice - Nil

19. Committee Reports 19.1 Animal Management Sub-committee Meeting held on Wednesday 10 August 2016

Moved Cr Barnes, seconded Cr Breuer

C2736-2016 That the Minutes of the Animal Management Sub-committee Meeting held on Wednesday 10 August 2016 be received and the recommendations from this meeting be adopted.

Carried Unanimously 19.2 Community Grants Committee Meeting held on Wednesday 14 September 2016

Moved Cr Knox, seconded Cr Antonio

C2737-2016 That the Minutes of the Community Grants Committee Meeting held on Wednesday 14 September 2016 be received and the recommendations from this meeting be adopted.

Carried Unanimously


Councillor Tom Antonio vacated the meeting at 8.01 pm

20. Other Urgent Business 20.1 LATE ITEM: Local Government Association (LGA) Board Member – Election

Information

Moved Cr Breuer, seconded Cr Barnes

C2738-2016 That the election for the position of Local Government Association Board Member, representing Spencer Gulf Cities, be held by way of ‘secret ballot’ and the result of the secret ballot be formally confirmed by resolution.

Carried

Moved Cr Breuer, seconded Cr Schmitz

C2739-2016 That as per the outcome of the ‘secret ballot’ for the election of the position of Local Government Association (LGA) Board Member, representing Spencer Gulf Cities, the Whyalla City Council vote for Sam Johnson, Port August City Council for the position of LGA Board Member representing Spencer Gulf Cities and that the voting slip be forwarded to the Returning Officer by 5.00 pm Wednesday 5 October 2016.

Carried Councillor Carter called for a division: The Presiding Member declared the vote set aside Members voting in the affirmative: Councillors Barnes, Breuer, McLaughlin, Santucci and Schmitz Members voting in the negative: Councillors Carter and Knox The Presiding Member declared the motion CARRIED

Councillor Tom Antonio resumed his seat at 8.06 pm


21. Adjournment of Meeting


C2740-2016 That the Council meeting be adjourned at 8.14 pm.

Carried Unanimously

Moved Cr McLaughlin, seconded Cr Barnes

C2741-2016 That the Council meeting reconvene at 8.40 pm.

Carried Unanimously

Councillors Tom Antonio and Colin Carter vacated the meeting during the adjournment of meeting


22. Consideration of Confidential Items 22.1 Group Manager – City Development and Delivery - Confidential Report 22.1.1 Sale of Land – Irregular Allotment – Whyalla Industrial Estate

Moved Cr Breuer, seconded Cr McLaughlin

C2742-2016 Pursuant to Section 90(2) of the Local Government Act 1999, the Council orders that the public be excluded from the meeting with the exception of Migelle Hiscock, Acting Chief Executive Officer, Michelle Tucker, Acting Group Manager Engineering and Infrastructure, Andre Stuyt, Group Manager City Development and Delivery, Sandra Vigar, Acting Group Manager Finance and Corporate, Jason Willcocks, Planning Manager and Jane Hayward, Executive Officer for Agenda Item 21.1.1 – Sale of Land – Irregular Allotment – Whyalla Industrial Estate. The Council is satisfied that, pursuant to Section 90(3)(b) of the Act, the information to be received, discussed or considered in relation to this Agenda Item could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of Council. 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 on balance it would be contrary to the public interest as commercial information is to be discussed and disclosed.

Carried Unanimously


C2746-2016 That having considered Agenda Item 22.1.1 – Sale of Land – Irregular Allotment – Whyalla Industrial Estate in confidence under Section 90(2) and (3)(b) of the Local Government Act 1999, the Council pursuant to Section 91(7) of the Act orders that all documents be retained and reviewed in the next review of Council’s confidential orders.

Carried Unanimously


23. Closure

The Ordinary Council Meeting closed at 9.00 pm

24. Date of Next Meeting – Monday 17 October 2016 Confirmed …………………………………. Presiding Member – September 2016

council minutes - public - 19 september 2016 - city of whyalla minutes... · acting group manager...

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