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Unconfirmed COUNCIL MINUTES PROCEEDINGS OF COUNCIL 10 May, 2010

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Page 1: Unconfirmed COUNCIL MINUTES - Rural City of … · 16 Apr Presented awards at the Murraylands Training ... must be recorded in the minutes of the council ... That item number 1138.1

Unconfirmed COUNCIL MINUTES

PROCEEDINGS OF COUNCIL

10 May, 2010

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MINUTES INDEX – 10 May, 2010

1132. CIVIC PRAYER 1133 APOLOGIES 1134 CONFIRMATION OF MINUTES 1135 MAYORAL COMMUNICATIONS 1136 CONFLICT OF INTEREST DECLARATIONS 1137 DEPUTATIONS 1137.1 JACK REDDIN, MANNUM TO WELLINGTON LAP – POISONING OF

WILLOW TREES 1138 REPORTS OF DELEGATES 1138.1 CR PHIL NUTT 1139 MOTIONS ON NOTICE 1139.1 ROAD NAMING – GLEN LOSSIE DRIVE (MURRAY DRIVE) TO AVOCA

DELL DRIVE 1140 OFFICER’S REPORTS 1140.1 CHIEF EXECUTIVE OFFICER 1140.1.1 CEO ACTIVITIES (SF 1462) 1140.1.2 PROVINCIAL CITIES – FUTURE PLANNING (SF98) 1140.1.3 DELEGATION UPDATE – COMMUNITY TITLES ACT 1996 (SF1494) 1140.1.4 DELEGATION UPDATE – PUBLIC AND ENVIRONMENTAL HEALTH

ACT AND PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 2008 (SF1494)

1140.1.5 DELEGATION UPDATE – LOCAL GOVERNMENT ACT 1999 (SF1494) 1140.1.6 POLICY UPDATE – G12 ACCESS TO COUNCIL AND SECTION 41

COMMITTEE MEETINGS AND COUNCIL DOCUMENTS, CODE OF PRACTICE (Sf488)

1140.1.7 POLICY UPDATE – G5 - INTERNAL REVIEW OF COUNCIL DECISIONS (Sf488)

1140.1.8 DELEGATION UPDATE – DEVELOPMENT ACT 1993 (SF1494) 1140.1.9 NEW POLICY – CONTRIBUTIONS/SPONSORSHIP TO COUNCIL

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1140.2 EXECUTIVE MANAGER CORPORATE & COMMUNITY SERVICES 1140.2.1 BUDGET REVISION TO 28 FEBRUARY 2010 (SF1577) 1140.2.2 CAPTAIN’S COTTAGE MUSEUM SF548 – C*588.2 – 8/9/2008 1140.2.3 RENAMING OF TOWN HALL (SF1849) 1140.2.4 CONTRACT FOR THE SUPPLY OF ABOVE 160MWh ELECTRICITY -

DELEGATION AUTHORITY (SF280) 1140.3 MANAGER, INFRASTRUCTURE & TECHNICAL SERVICES 1140.3.1 REVOCATION OF PUBLIC VEHICLE PARKING AROUND THE

WOOLWORTHS SITE DURING CONSTRUCTION WORKS 415/136/2010

1140.4 MANAGER, DEVELOPMENT & ENVIRONMENTAL SERVICES 1140.4.1 LIQUOR LICENCE FOR GERMAN CAKE SHOP (SF47) 1140.4.2 REGIONAL TOWN CENTRE DEVELOPMENT PLAN AMENDMENT 1140.4.3 RESIDENTIAL GROWTH AREAS DPA 1140.5 MANAGER, LERWIN Nil 1141 REPORTS FROM COMMITTEES Nil 1142 REPORTS FROM SUBSIDARIES 1142.1 SOUTHERN & HILLS LOCAL GOVERNMENT ASSOCIATION – 16 April

2010

1143 QUESTIONS ON NOTICE Nil 1144 QUESTIONS WITHOUT NOTICE Nil 1145 URGENT BUSINESS APPROVED BY MAYOR ARBON Nil 1146 CONFIDENTIAL ITEMS 1146.1 RIVERFRONT ROAD – RIVER BANK COLLAPSE ISSUES (SF1534)

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Minutes of the Meeting of Council held in the Council Chamber, Local Government Centre, 2 Seventh Street, Murray Bridge, on Monday, 10 May, 2010, commencing at 7.00 pm. PRESENT His Worship the Mayor, Allan Arbon Cr Bob England Cr Barry Laubsch

Cr Phil Nutt Cr June Phillips Cr Clem Schubert Cr Keith Simmons Cr Milton Weinert Cr Theo Weinmann Cr Jerry Wilson

IN ATTENDANCE Mr Damien Moloney, Chief Executive Officer Mr Wayne Wright, Executive Manager Corporate & Community

Services Mr Martin Waddington, Manager, Infrastructure & Technical Services Mr Reginald Budarick, Manager, Lerwin Ms Gloria Booker, Manager, Development & Environmental

Services Ms Ros Kruger, Minute Taker 1132 CIVIC PRAYER

Almighty God, we humbly beseech Thee to grant thy blessing upon the work of this Council. Direct and prosper its deliberations to the advancement of Thy Glory, and the true welfare of the People of this District. Amen.

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1133 APOLOGIES Nil

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1134 CONFIRMATION OF MINUTES

Recommendation: That the minutes of the Meeting of Council held on the 19 April 2010 as circulated to Members, be taken as read and confirmed.

Cr Weinmann moved That the recommendation be adopted – namely, That the minutes of the Meeting of Council held on the 19 April 2010 as circulated to Members, be taken as read and confirmed

Seconded by Cr Simmons and CARRIED

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1135 MAYORAL COMMUNICATIONS 13 Apr Welcomed the Law Enforcement Torch Run to Murray Bridge and

officiated at the lighting of the cauldron at Sturt Reserve Attended the Youth Action Committee vs Council Challenge at Bridge

Bowl 14 Apr Hosted Friendship Force Exchange delegates from New Plymouth

New Zealand Attended the Monarto Equestrian Centre DVD launch cocktail evening

at Gumbanks Homestead Charleston 16 Apr Presented awards at the Murraylands Training & Employment

Association of SA Inc., Apprentice & Trainee of the Year Awards at the Murray Bridge & District Community Club

18 Apr Opened the Monarto Plough Day 19 Apr Attended Council briefing Attended Council meeting 21 Apr 5MU interview Attended Murray Bridge Racing Club Attended Wallmans Lawyers Local Government Team evening in

Adelaide 22 Apr Attended Discover! 2010 Local Government Showcase & General

Meeting 23 Apr Attended Remuneration Tribunal breakfast presentation at the

Convention Centre Attended day 2 Discover! 2010 Local Government Showcase &

General Meeting Attended Australian Youth Orchestra String Quartet at Christ Church

Lutheran Swanport Road 24 Apr Attended Maurice & Shirley Wilhelm’s 60th Wedding Anniversary &

Shirley’s 80th Birthday at Lutheran Church Holy Cross 25 Apr Attended and placed wreath at ANZAC dawn service at Diamond Park 27 Apr Attended Community Wellbeing & Resilience in the Murray Darling

Basin workshop 29 Apr Attended Murraylands Regional Development Board Inc briefing and

finalization arrangements to Regional Development Australia Murraylands & Riverland Inc at the Pretoria Hotel Mannum

Recommendation That item number 1135 on agenda for the 10 May 2010 be received and noted. Cr Laubsch moved That the recommendation be adopted – namely, That item number 1135 on agenda for the 10 May 2010 be received and noted.

Seconded by Cr England and CARRIED

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1136 CONFLICT OF INTEREST DECLARATIONS

In line with Section 74 of the Local Government Act,1999 (1) A member of a council who has an interest in a matter before the council must disclose

the interest to the council. (2) A member in making a disclosure under subsection (1) must provide full and

accurate details of the relevant interest. (3) A disclosure made under subsection (1) must be recorded in the minutes of the

council (including details of the relevant interest).

Members to advise of any Conflict of Interest Declarations Item 1140.3.1 – Revocation of Public Vehicle Parking around Woolworths Site during Construction Works. Cr Wilson declared of a conflict of interest in relation item 1140.3.1 – Revocation of Public Vehicle Parking around Woolworths Site during Construction Works as he owns a building on Mary Terrace. Item 1140.4.3 – Residential Growth DPA Cr England declared a potential conflict of interest in relation to item 1140.4.3 Residential Growth DPA due to impact on family members if land rezoned.

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1137 DEPUTATIONS In line with Council policy G15 Deputations to Council, if a decision is

required, a report will be presented to the next meeting of Council to allow Council to make a determination.

1137.1 JACK REDDIN, MANNUM TO WELLINGTON LAP – POISONING OF

WILLOW TREES This deputation is as a result of Question without notice item 1114 from the 29

March 2010 as follows:

1114 DESTRUCTION OF WILLOW TREES Cr Schubert moved Why are willow trees being destroyed on the banks of river given the current status of bank collapsing? NRM to be invited to address Council to explain why the willow trees are being destroyed at a forthcoming deputation.

Seconded by Cr Weinmann and CARRIED Commenced at 7.07 pm. Concluded at 7.21 pm

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1138 REPORTS OF DELEGATES 1138.1 CR NUTT – APRIL ACTIVITIES 1 April Complaint from Hawke Road ratepayer about height of shed and

stormwater runoff on neighbours property; plus call and inspect. 2 April Complaint from ratepayer about illegal camping on Jetty at Sturt Reserve,

after hours phone number was not switched through, informed CEO of both issues to follow through.

3 April Complaint from ratepayer about state of Hindmarsh Road. 7 April Complaint from ratepayer about Roper Road and Pathways entrance

intersection. Attended water information forum at Community Club. 8 April Complaint from ratepayer about Mushroom Compost stockpile at Bremer

Road property. Attended meeting at MRTA. 13 April Meeting with ratepayer about Hindmarsh Road degradation. Attended monthly meeting at MBBT at Standard office. Attended YAC vs Council Challenge at 10 pin bowls. 14 April Responded to Hawke Road resident regarding oversize shed. Responded to two Roper Road residents re issues with Pathways

intersection. 15 April Attended YAC art awards at The Station. 18 April Attended Murray Bridge RSL ANZAC service and lay wreath at Cemetery

and afterwards at RSL Club. 19 April Attended branding workshop at RDA Boardroom. Attended monthly MTP meetings at RDA Boardroom. Attended briefing and Council meeting. 21 April Attended meeting at depot with Manager Infrastructure and Technical

Services and staff. Attended meeting at corner of Maurice Road/Adelaide Road with

Manager Infrastructure and Technical Services and operators of five business premises.

23 April Collect responses from corner Maurice Road and Adelaide Road businesses.

25 April Attended ANZAC Dawn Service. 28 April Briefing at LGC with Mayor, CEO and Executive Assistant and Crs

Laubsch and Wilson regarding road name changes. Meeting with ratepayers, Cr Wilson, Cr Laubsch at Avoca Dell regarding

road name change. Meeting with Adelaide Road/Maurice Road business. Meeting at depot with staff regarding issues affecting businesses at

corner Adelaide Road/Maurice Roads. 30 April Telephone call from ratepayer regarding Clara Street progress. Telephone call to Depot regarding Clara Street progress Recommendation: That item number 1138.1 on Council agenda of 10 May, 2010 be received and noted. Cr England moved That the recommendation be adopted – namely, That item number 1138.1 on Council agenda of 10 May, 2010 be received and noted.

Seconded by Cr Weinert and CARRIED

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1139 MOTIONS ON NOTICE 1139.1 ROAD NAMING – GLEN LOSSIE DRIVE (MURRAY DRIVE) TO AVOCA

DELL DRIVE I, Councillor Barry Laubsch having complied with the requirements of Regulation 13 of the Local Government (Procedures at Meetings) Regulations 2000, hereby give Notice of the following motion to be submitted at the meeting of the Council of the Rural City of Murray Bridge to be held on 10 May 2010 at 7 pm. I will move:

That Glen Lossie Drive (previously known as that section of Murray Drive from Loddon Road to Karoonda Road) be renamed Avoca Dell Drive, as shown on appendix 1139.1a (A letter of support has been received from Avoca Dell – appendix 1139.1b, attachments to the letter are provided separate to the agenda)

Cr Laubsch moved That the Notice of Motion be adopted – namely, That Glen Lossie Drive (previously known as that section of Murray Drive from Loddon Road to Karoonda Road) be renamed Avoca Dell Drive, as shown on appendix 1139.1a (A letter of support has been received from Avoca Dell – appendix 1139.1b, attachments to the letter are provided separate to the agenda)

Seconded by Cr Wilson and CARRIED

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Please note previous correspondence has been circulated separate to the agenda.

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1140 OFFICER’S REPORTS 1140.1 CHIEF EXECUTIVE OFFICER 1140.1.1 CEO ACTIVITIES (SF 1462) 14 April Discussions with Council’s legal firm ongoing legal and financial

matters. Discussions with CE of Regional Development Australia Riverland and

Murraylands re numerous issues 15 April Meeting with Badge Construction re Fabcot Development.

Discussion with developer re “Murraylands Life” proposal. Attended Murray Watch meeting with Cr Phillips Discussion with Council’s legal firm over riverbank slumping matter. Attended meeting regarding riverbank collapse 16 April Attended Southern and Hills Local Government Association meeting Guest Speaker Local Government Managers Association Dinner 19 April Meeting with investors at Regional Development Australia re Bulky

Goods development. Council briefing and meeting 20 April Dealt with Equine Precinct proposal/EPA discussions. 21 April Discussions with representatives of TAFE re Education Precinct,

ongoing matter. Education Precinct working party meeting. Major Projects Meeting Pre LGA Conference dinner 22 April LGA Conference and AGM 23 April LGA Conference and AGM 27 April Senior Management Team meeting 29 April Workshop regarding a Village Well consultant – Gifford Hill

Development Major Projects meeting 30 April Interviews for Executive Manager Sustainable Development 3 May Discussions regarding proposed driving course development 4 May Meeting with Senior Management Team Meeting with Ian Darbyshire, SATC Recommendation: That item number 1140.1.1 on Council agenda of 10 May 2010 be received and noted. Cr Nutt moved That the recommendation be adopted – namely, That item number 1140.1.1 on Council agenda of 10 May 2010 be received and noted.

Seconded by Cr Wilson and CARRIED

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1140.1.2 PROVINCIAL CITIES – FUTURE PLANNING (SF98) Priority - 1 - ( ) Legislative 2 - (X ) Corporate 3 - ( ) Other Purpose For Members to consider correspondence from the Provincial Cities Association relation to their Future Planning Discussion Paper, attached as appendix 1140.1.2 Priority - Corporate – Council is a financial voting member of this subsidiary under the Local Government Act, 1999. Request The Future Planning Discussion Paper was presented to the Provincial Cities Association meeting held on the 24 March 2010. At that meeting it was decided to seek comment from all members. Historically the Provincial Cities Association has tendered not to set a strategic path or platform for the undertaking of activities. It has utilised its resources to deal with issues (generally of a “political nature”) as and when those issues have arisen, e.g. Regional Development activities during the 1990’s; Gaming Machine impacts and the current issues associated with the Aboriginal Health Act Review and the Water Industry Act Discussion Paper. The report recognizes an opportunity for the Association to play a potentially significant role in assisting the other tiers of Government to achieve required strategic targets and outcomes to expand employment and development opportunities within our respective communities and the surrounding regions. To achieve these outcomes it is submitted that not only are the issues associated with keeping our young people in gainful employment important, but so are other basic issues such as literacy and numeracy, the training or retraining of adults who are not (or who want to progress) in the work force, the better utilization of existing facilities within the regions, e.g. TAFE facilities or other community facilities. Other issues which are also considered to be of importance are the health and aging of our populations, the demography of the population and future projections of development impacts, e.g. mining, aquaculture etc. Recommendation: That item 1140.1.2 on Council agenda of 10 May 2010 be received and the concepts raised in the Future Planning Discussion Paper be supported. Cr England moved That the recommendation be adopted – namely, That item 1140.1.2 on Council agenda of 10 May 2010 be received and the concepts raised in the Future Planning Discussion Paper be supported.

Seconded by Cr Nutt and CARRIED

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MEMORANDUM

Filename MEMA3659

FILE REF: 2407 – Provincial Cities

DATE: 19 April 2010

TO: Provincial Cities CEO’s

Mayor Joy Baluch

FROM: Ian McSporran

SUBJECT: Future Planning for the Association

I refer to the Discussion Paper, (REPA5069 – copy attached), which I submitted to the last Association Meeting concerning “Future Planning for the Association”, and in accordance with the decision of the meeting, seek comments from members on the concepts outlined in the Report. In seeking comments, I advise that I have had further discussions with Michael O’Neil, who has indicated that he believes that an opportunity exists for the Association to play a potentially significant role in assisting the other tiers of Government, to achieve required strategic targets and outcomes to expand employment and development opportunities within our respective communities and the surrounding regions. To achieve these outcomes it is submitted that not only are the issues associated with keeping our young people in gainful employment important, but so are other basic issues such as literacy and numeracy, the training or retraining of adults who are not, (or who want to progress), in the work force, the better utilization of existing facilities within the regions, e.g. TAFE facilities or other community facilities. Other issues which are also considered to be of importance are the health and aging of our populations, the demography of the population and future projections of development impacts, e.g. mining, aquaculture etc. These are clearly not the total number of issues which need to be addressed in any “Future Planning for the Association”, but are submitted as potential starting points. It may be that you and your Council have issues or suggestions can be classed as “right out of the box”, but are considered to be in need of being addressed in any long term planning process.

Membership City of Port Augusta City of Mount Gambier

City of Port Lincoln City of Whyalla City of Victor Harbor Port Pirie Regional Council Rural City of Murray Bridge

Executive Officer Mr. Ian McSporran

PO Box 3106

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To enable the proposed Discussion Paper for the next meeting to be prepared by Michael O’Neil, it would be appreciated if your comments could be received by 7th May 2010, by emailing me at [email protected] (weekends), or [email protected] (during the week) or by telephone on 0419810644.

IAN McSPORRAN EXECUTIVE OFFICER

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FileName: REPA5069 FILE REF: 2407 DATE: 5 March 2010 TO: Chairman & Members Provincial Cities Association FROM: Executive Officer SUBJECT: Future Planning for the Association Historically the Provincial Cities Association has tendered not to set a strategic path or platform for the undertaking of activities. It has utilised its resources to deal with issues (generally of a “political nature”) as and when those issues have arisen, e.g. Regional Development activities during the 1990’s. Gaming Machine impacts and the current issues associated with the Aboriginal Health Act Review and the Water Industry Act Discussion Paper. However, with the recent comments and announcements from the Commonwealth Government about the need “to act locally” to best achieve perceived or required outcomes, e.g. claims that in hindsight, the use of Local Government Authorities would have greatly assist the “Home Insulation Program” achieve its aims, along with the announcement this week by the Prime Minister about Commonwealth Health Funding, clearly (in my view) provide an opportunity for a significant regional input into future funding initiatives and Programs. It is also suggested that the opportunity exists for Regional Local Government Authorities/Associations to work in partnership with the State Government to assist in the provision of services which are not necessarily available at a local level, e.g. car registration renewals, drivers licence renewals. Such services at “a fee for service” so as not to shift costs, could become an important step to transfer responsibility back to the regions and empower regions to develop regional responses to regional issues. Obviously the issue needs to be more actively discussed, but it is suggested that if developed correctly it could potentially provide a platform to hold discussion with Government Ministers via the Provincial Cities Association about future

Membership City of Port Augusta City of Mount Gambier

City of Port Lincoln City of Whyalla City of Victor Harbor Port Pirie Regional Council Rural City of Murray Bridge

Executive Officer Mr. Ian McSporran

PO Box 3106 PORT AUGUSTA WEST SA 5700

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agenda issues with the aim of working with Governments to implement any agreed changes. I have discussed the concept informally with Michael O’Neil, who has indicated that SACES has prepared several reports for the State Government on the concept of greater utilisation of Regional resources. These reports, unfortunately, have not been released for public scrutiny, but in any process of regionalisation, it will be the major cities (Provincial City members) what will benefit from the trend.

The current State Government review of its Budget to find $750 million in savings to enable the State’s future Budgets to be balanced (Treasurer Kevin Foley’s 2009/2010 State Budge advice) will impact on service levels. Where those impacts will be felt will not be known until closer (or when) the 2010/2011 State Budget is delivered by either the current Treasurer or a new Government. It is therefore felt that as a result of the “various planets aligning”, i.e.

• Commonwealth Government funding arrangements to State/Regions • State Government budgetary review of expenditures/incomes • reviews of regional programs etc

that the opportunity exists to develop a policy paper to endeavour to establish some clear consensus and direction for the future. I have asked Michael O’Neil to remain at the meeting to discuss this issue with members, with the aim of having a document for discussion at the next meeting at Port Pirie. It is recommended that the Provincial Cities Association resolve to: a) Receive and note the Executive Officer’s report “Future Planning for the

Association”. b) Seek comment from constituent members on the concepts outlined in the

report. c) Develop in conjunction with SACES, a discussion paper for consideration at

a workshop session at the next Association meeting at Port Pirie, taking into account Members comments.

IAN McSPORRAN EXECUTIVE OFFICER

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1140.1.3 DELEGATION UPDATE – COMMUNITY TITLES ACT 1996 (SF1494) Priority - 1 - (x ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose For Council to update its delegations to the CEO under the Community Titles Act 1996. These updates relate to legislative changes advised by the Local Government Association. Priority Under Section 44 of the Local Government Act 1999 Council has the ability to delegate certain powers and functions to its Chief Executive Officer and under Section 101 allow the Chief Executive Officer to subdelegate powers and functions to suitably qualified staff. Request Council has adopted the Local Government Association template of Delegations in the past. Advice has been received of recommended changes to the Community Titles Act 1996 delegations from Council to the Chief Executive Officer. A copy of the delegations from Council are attached as appendix 1140.1.3 with the suggested changes marked in bold. A summary of the changes is as follows: Pg 1 Clause 1.1 updated wording to ensure consistency with Act Pg 2 Clause 1.2 deletion – power contained in Development Act Pg 2 Clause 2.1 deletion – power contained in Section 3(11) Recommendation: 1. That item number 1140.1.3 in Council agenda dated 10 May 2010 be received: 2 Council revokes previous delegations to the Chief Executive Officer of those

powers and functions under the Community Titles Act 1996. 3 That in exercise of the powers contained in Section 44 of the Local Government

Act 1999, the powers and functions under the Community Titles Act 1996 contained in the proposed instrument of Delegation (attached as Appendix 1140.1.3) are hereby delegated this 10 May 2010 to the person occupying the position of Chief Executive Officer and extending to any person acting in that position.

4 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Section 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit unless otherwise indicated in the proposed instrument of delegation

Cr Nutt moved That the recommendation be adopted – namely, 1. That item number 1140.1.3 in Council agenda dated 10 May 2010 be received: 2. Council revokes previous delegations to the Chief Executive Officer of those

powers and functions under the Community Titles Act 1996. 3. That in exercise of the powers contained in Section 44 of the Local Government

Act 1999, the powers and functions under the Community Titles Act 1996 contained in the proposed instrument of Delegation (attached as Appendix 1140.1.3) are hereby delegated this 10 May 2010 to the person occupying the

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position of Chief Executive Officer and extending to any person acting in that position.

4. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Section 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit unless otherwise indicated in the proposed instrument of delegation

Seconded by Cr Laubsch and CARRIED

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1140.1.4 DELEGATION UPDATE – PUBLIC AND ENVIRONMENTAL

HEALTH ACT 1987 AND PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 2008 (SF1494)

Priority - 1 - (x ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose For Council to update its delegations to the CEO under the Public and Environmental Health Act 1987 and the Public and Environmental Health (Waste Control) Regulations 2008 These updates relate to legislative changes advised by the Local Government Association. Priority Under Section 6 of the Public and Environmental Health Act 1987 Council has the ability to delegate certain powers and functions to its Chief Executive Officer and powers and functions may be further delegated by the Chief Executive Officer to suitably qualified staff. Request Council has adopted the Local Government Association template of Delegations in the past. Advice has been received of recommended changes to the Public and Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 2008 A copy of the delegations from Council are attached as appendix 1140.1.4 with the suggested change marked in bold. The change involves the clarification of the Chief Executive of the Department of Health (pg 5 clause 11.2) Recommendation: 1. That item number 1140.1.4 in Council agenda dated 10 May 2010 be received: 2. Council revokes previous delegations to the Chief Executive Officer of those

powers and functions under Public and Environmental Health Act and Public an Environmental Health (Waste Control) Regulations 2008.

3. That in exercise of the powers contained in Section 6 of the Public and Environmental Health Act 1987, the powers and functions under the Public and Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008 (attached as Appendix 1140.1.4) are hereby delegated this 10 May 2010 to the person occupying the position of Chief Executive Officer and extending to any person acting in that position.

4. Such powers and functions may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit unless otherwise indicated in the proposed instrument of delegation

Cr Laubsch moved That the recommendation be adopted – namely, 1. That item number 1140.1.4 in Council agenda dated 10 May 2010 be received: 2. Council revokes previous delegations to the Chief Executive Officer of those

powers and functions under Public and Environmental Health Act and Public an Environmental Health (Waste Control) Regulations 2008.

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3. That in exercise of the powers contained in Section 6 of the Public and Environmental Health Act 1987, the powers and functions under the Public and Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008 (attached as Appendix 1140.1.4) are hereby delegated this 10 May 2010 to the person occupying the position of Chief Executive Officer and extending to any person acting in that position.

4. Such powers and functions may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit unless otherwise indicated in the proposed instrument of delegation

Seconded by Cr Simmons and CARRIED

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1140.1.5 DELEGATION UPDATE – LOCAL GOVERNMENT ACT 1999

(SF1494) Priority - 1 - (x ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose For Council to update its delegations to the CEO under the Local Government Act 1999 These updates relate to legislative changes advised by the Local Government Association. Priority Under Section 44 of the Local Government Act 1999 Council has the ability to delegate certain powers and functions to its Chief Executive Officer and under Section 101 allow the Chief Executive Officer to subdelegate powers and functions to suitably qualified staff. Request Council has adopted the Local Government Association template of Delegations in the past. Advice has been received of recommended changes to the Local Government Act 1999. A copy of the delegations from Council are attached as appendix 1140.1.5 with the suggested changes marked in bold. A summary of the changes is as follows: Pg 11 – 24 Inclusion of clause legislative amendment – S110(3a) (note a review

of the Staff Code of Conduct will be undertaken shortly) Pg 13 – 26.4A Inclusion of clause legislative amendment – S123(5a) (this has been

past practice ) Pg 14 – 29 Inclusion of clause legislative amendment (this requirement has

previously been reported in place and processes are in place) Pg 17 – 32 Legislative amendments – Section 132 (policy G12 updated – refer

item 1140.1.6) Pg 37 – 61 Additional working - legislative amendment – S202 Pg 37 – 63 Additional wording – legislative amendment – S210 Pg 40 – 66 Legislative amendments – S216 Pg 47 – 83 Inclusion of clause legislative amendment – S246 Pg 53 – 89 Additional wording – legislative amendment – S271 (policy G5

updated – refer item 1140.1.7) Pg 54 – 94 Legislative amendments – S294 Pg 55 – 97 Deletion of clause – legislative amendment – S298 Recommendation: 1. That item number 1140.1.5 in Council agenda dated 10 May 2010 be

received:

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2. Council revokes previous delegations to the Chief Executive Officer of those powers and functions under the Local Government Act 1999.

3. That in exercise of the powers contained in Section 44 of the Local Government Act 1999, the powers and functions under the Local Government Act 1999 contained in the proposed instrument of Delegation (attached as Appendix 1140.1.5) are hereby delegated this 10 May 2010 to the person occupying the position of Chief Executive Officer and extending to any person acting in that position.

4. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 to an officer or officers of the Council as the Chief Executive Officer sees fit unless otherwise indicated in the proposed instrument of delegation

Cr England moved That the recommendation be adopted – namely, 1. That item number 1140.1.5 in Council agenda dated 10 May 2010 be

received: 2. Council revokes previous delegations to the Chief Executive Officer of those

powers and functions under the Local Government Act 1999. 3. That in exercise of the powers contained in Section 44 of the Local

Government Act 1999, the powers and functions under the Local Government Act 1999 contained in the proposed instrument of Delegation (attached as Appendix 1140.1.5) are hereby delegated this 10 May 2010 to the person occupying the position of Chief Executive Officer and extending to any person acting in that position.

4. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 to an officer or officers of the Council as the Chief Executive Officer sees fit unless otherwise indicated in the proposed instrument of delegation

Seconded by Cr Laubsch and CARRIED

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1140.1.6 POLICY UPDATE – G12 ACCESS TO COUNCIL AND SECTION 41

COMMITTEE MEETINGS AND COUNCIL DOCUMENTS, CODE OF PRACTICE (Sf488)

Priority - 1 - (x ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose For Council to endorse an update to Council Policy G12 Access to Council and Section 41 Committee meetings and Council Documents, Code of Practice following changes to Section 132 of the Local Government Act 1999, attached as appendix 1140.1.6 Background Recent changes to the Local Government Act 1999 have required slight alteration to the wording of the existing policy as follows:

• inclusion of most recent information statement under FOI Act 1991 (S132) (page 4)

• inclusion of draft, approved Annual Business Plan and summary of annual business plan (S123) (page 11)

• Voters Roll (S15 Local Government (Elections) Act 1999 (page 14) Changes are shown in bold on appendix 1140.1.6 These documents have previously been published on Council’s website as part of our best practice approach. Recommendation: That item 1140.1.6 on Council agenda of 10 May 2010 be received and the updated policy G12 Access to Council and Section 41 Committee Meetings and Council Documents, Code of Practice, attached as appendix 1140.1.6 be endorsed. Cr Weinmann moved That the recommendation be adopted – namely, That item 1140.1.6 on Council agenda of 10 May 2010 be received and the updated policy G12 Access to Council and Section 41 Committee Meetings and Council Documents, Code of Practice, attached as appendix 1140.1.6 be endorsed.

Seconded by Cr Weinert and CARRIED

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1140.1.7 POLICY UPDATE – G5 - INTERNAL REVIEW OF COUNCIL

DECISIONS (Sf488) Priority - 1 - (X) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose For Council to endorse an update to Council Policy G5 – Internal Review of Council Decisions following changes to Section 271 of the Local Government Act 1999, attached as appendix 1140.1.7 Request Recent changes to the Local Government Act 1999 have required a slight alteration to the existing policy to allow for the ability for conciliation: Changes are shown in bold on appendix 1140.1.7, page 3. Recommendation: That item 1140.1.7 on Council agenda of 10 May 2010 be received and the updated policy G5 Internal Review of Council Decision, attached as appendix 1140.1.7 be endorsed Cr Weinmann moved That the recommendation be adopted – namely, That item 1140.1.7 on Council agenda of 10 May 2010 be received and the updated policy G5 Internal Review of Council Decision, attached as appendix 1140.1.7 be endorsed

Seconded by Cr Schubert and CARRIED

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1140.1.8 DELEGATION UPDATE – DEVELOPMENT ACT 1993 (SF1494) Priority - 1 - (x ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose For Council to update its delegations to the CEO under the Development Act 1993 These updates relate to legislative changes advised by the Local Government Association. Priority Under Section 20 and 34(23) of the Development Act 1993 Council has the ability to delegate certain powers and functions to its Chief Executive Officer and allow the Chief Executive Officer to subdelegate powers and functions to suitably qualified staff. Request Council has adopted the Local Government Association template of Delegations in the past. Advice has been received of recommended changes to the Development Act 1993. A copy of the delegations from Council are attached as appendix 1140.1.8 with the suggested changes marked in bold. These changes do not effect the delegations to the DAP. A summary of the changes are as follows: Pg 42 clauses 63.4A and 63.4B - additional clauses due to Legislative changes Pg 46 clause 76 - deleted clauses to Legislative changes Recommendation:

1. That item number 1140.1.8 in Council agenda dated 10 May 2010 be received.

2. Council revokes previous delegations to the Chief Executive Officer of those powers and functions under the Development Act 1993.

3. In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993, and the Development Regulations 2008 contained in the proposed instrument attached as appendix 1140.1.8 are hereby delegated this 10 May 2010 to the person occupying the position of Chief Executive Officer and extending to any person acting in that position.

4. Such powers and functions may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit unless otherwise indicated in the proposed instrument of delegation

Cr England moved That the recommendation be adopted – namely,

1. That item number 1140.1.8 in Council agenda dated 10 May 2010 be received.

2. Council revokes previous delegations to the Chief Executive Officer of those powers and functions under the Development Act 1993.

3. In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993, and the Development Regulations 2008 contained in the proposed instrument attached as appendix 1140.1.8 are hereby

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delegated this 10 May 2010 to the person occupying the position of Chief Executive Officer and extending to any person acting in that position.

4. Such powers and functions may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit unless otherwise indicated in the proposed instrument of delegation

Seconded by Cr Nutt and CARRIED

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1140.1.9 NEW POLICY – CONTRIBUTIONS/SPONSORSHIP TO COUNCIL Priority - 1 - (x) Legislative 2 - ( X ) Corporate 3 - ( ) Other Purpose For Council to consider and endorse a corporate policy (attached as appendix 1140.1.9) which, in the interests of promoting consistency, transparency and integrity, guides the acceptance by Council, staff and Elected Members of contributions from members of the public. Priority A Corporate position to protect both Council (including staff and Elected Members) and any person making a contribution from potential inappropriate perceptions. Background. From time to time our Community businesses and individuals want to play a role in the future of our Community by providing contributions to Council in cash or in kind. The decision to contribute to our Community as a whole is welcome and to be congratulated. To ensure that Council is able to meet its legislative requirements in relation to financial reporting through transparent record keeping and auditing of funds, the attached policy has been developed. The Policy addresses and outlines Council's requirements and expectations with respect to the receipt and disclosure of contributions made direct to the Council or, provided to Council through staff and/or Elected Members. It is important from both the Council’s point of view and also that of any person providing a contribution that all transactions are transparent and given without undue expectation and/or recourse against either party by another party. It is noted that on occasions persons making a contribution do not seek public disclosure and in those circumstances, every attempt will made to honour this but subject to any legislative obligations and/or the Local Government Act (ie the requirements of the Freedom of Information Act). Further, to ensure consistency, transparency and integrity, and to provide persons making contributions with opportunities to support Council, a Schedule of “Opportunities to Contribute” will be developed during budget discussions. This schedule is not intended to be restricted but act as a guide for interested parties wanting to ‘give’ something to our Community. The aim of this policy is to ensure transparency and integrity, reduce the perception of any wrong doing by either Council and/or the contributor, and provide clear direction on the process. Recommendation: That item 1140.1.9 on Council agenda of 10 May 2010 be received and the Contributions to Council policy attached as appendix 1140.1.9 be endorsed. Cr Weinmann moved That the recommendation be adopted – namely,

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That item 1140.1.9 on Council agenda of 10 May 2010 be received and the Contributions to Council policy attached as appendix 1140.1.9 be endorsed

Seconded by Cr Laubsch and CARRIED

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CONTRIBUTIONS TO COUNCIL POLICY

Responsible Officer

Chief Executive Officer Policy Number G28

Date Approved:

10 May 2010

Council Resolution Number

1140.1.9

Previous Revision Date:

Date of Next Review

Applicable Legislation

Local Government Act 1999 • S63 and S110 – Code of Conduct • S73 and S120– Conflict of Interest Provisions • S124 - Accounting Records to be kept • S127 – Financial Statements

Freedom of Information Act 1991 PC012 – Information Privacy Principles Instruction

Related Policies Code of Conduct Policy – Elected Members (G1) Code of Conduct Policy – Staff (G14) Fraud and Corruption Policy (G24) PC012 – Information Privacy Principles Instruction Privacy Principles Policy (G22)

Definition Reference to Contribution includes a sponsorship arrangement, gift, benefit, reward or donation either financially or in kind

Purpose The objectives of this Policy are to:

• provide clear guidelines in relation to the acceptance (by or on behalf of Council) of contributions (in the form of sponsorships, rewards, donations gifts and/or other benefits) from members of the public;

• promote accountability, integrity and transparency in Council decision making;

• promote ethical conduct in the course of official public duties; • demonstrate the Council's commitment to upholding principles of good

governance; • provide guidance in relation to the receipt of a contribution to Council; • enhance and maintain Council's reputation for integrity and

professionalism and the public's confidence in the Council; and • prevent occurrences of fraud and/or corruption.

The Policy applies to Elected Members and to Council staff. Policy Principles Council’s reputation for integrity and professionalism in its dealings with the public can only be achieved and maintained where the public has absolute confidence that Elected Members and Staff of the Rural City of Murray Bridge Council are not influenced (or perceived to be influenced) by any contributions offered to and accepted by the Council or its representatives.

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It is, therefore, essential that Council appropriately manages any real or perceived attempts to improperly influence Council staff and/or Elected Members in the performance and discharge of their official functions and duties. It is often not a question of whether a contribution is made to Council in an attempt to influence a Council decision but rather, whether a reasonable ‘impartial observer’ would form the opinion that the receipt of the contribution has influenced (or has the potential to influence) a decision or actions of Council. Council Staff and Elected Members must be mindful of the factors which may influence a person's perception regarding the appropriateness of a contribution being accepted by Council. Specifically these factors include:

• the scale, lavishness and value (be it economic or otherwise) of the contribution;

• the type of contribution offered; • the degree of openness surrounding the provision of the contribution; • the relationship between (or potentially between) the person offering the

contribution and the Council; and • the frequency or regularity of gifts or offers from the same source.

Types of Contribution A contribution includes any gift or benefit given to the Council whether in cash or in kind (i.e. towards a community event), a Staff member or an Elected Member and specifically, may include such things as;

• cash contribution; • provision of catering supplies; • printing; • labour support; • complimentary use of equipment (such as chairs; tables; shade structures;

bbqs); • transport; • books and other resource materials; • donating time as a guest speaker; • donating raffle prizes

It is not expected that any contribution will be directed towards recurrent operating expenditure. Opportunities to Contribute Direct to Council Council recognises that from time to time, members of the public may offer a contribution direct to Council (for example towards a Council organised event, activity, facility or service) to show their support to the Community. Whilst being mindful of perceptions and legislative requirements, Council welcomes the involvement of interested persons in providing improved opportunities for the Community. To assist such persons, Council will develop a schedule of “Opportunities to Contribute” which lists the events, activities, facilities or services that interested parties may wish to support (through provision of a contribution to Council) during a financial year. Specifically, opportunities may arise in relation to:

• development of a new or refurbished facility; • opening of an event or facility;

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• support to a one off activity/project open to the Community; • contribution to the improvement of a public Community facility; and/or • equipment purchase.

Where a member of the public wishes to make a contribution to a Council event he/she should be encouraged to review the Council’s Schedule of “Opportunities to Contribute” and in any event, should contact the Chief Executive Officer to discuss the options further. Receipt of Contributions Made Direct to Council Where a person wishes to provide a contribution direct to Council (whether it be in support of a Council organised event or otherwise), to ensure probity and transparency in the process, Council will enter into an agreement with that person. The agreement will, in principle, identify and detail:

• the type of recognition sought (if any); • sole rights, if sought; • acquittal of funds reporting requirements, if required; and • any other specific requirements or conditions upon which the contribution is

accepted and/or offered. Council will so far as it is able, honour any person's wish to maintain their contribution in confidence, but subject to the restraints of the Freedom of Information Act 1991 and PC012 – Information Privacy Principles Instruction. Receipt of a Contribution By Council Staff and Elected Members It is important that all contributions offered to the Council, whether in cash or in kind, are disclosed and managed appropriately in accordance with legislative requirements and the principles of integrity in governance. Accordingly, the following applies in relation to contributions offered direct to Council staff and or Elected Members:

• a contribution must not be accepted from an individual (including a corporate entity) where there is a real or potential risk of a perception of bias or conflict of interest occurring as a result of the acceptance of the contribution;

• all contributions to Council Staff must be declared and may only be accepted on approval from an Executive Manager or the Chief Executive Officer. The person approving receipt of the contribution will determine whether it may be retained by Council, the employee or otherwise distributed;

• where approval from an Executive Manager or the Chief Executive Officer is not obtained, the staff member must politely refuse the contribution; and

• under no circumstances are Elected Members or Staff to accept or receive cash or goods or services at no cost or non-commercial discounts.

Disclosure of Contributions All contributions made direct to Council and contributions provided via Staff and/or Elected Members will be recorded in the Council's 'Contributions Register.' The Register will detail:

• the date the contribution was received; • the recipient of the contribution (being either the Council, a staff member or

elected member) • description of the contribution including where it is offered towards a Council

event, details of that event;

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• actual or approximate value; • the person who provided the contribution and the reason why it was provided.

Where an Elected Member or Staff believe that an offer of a contribution is an attempt to influence the outcome of a Council decision, details are to be provided to the Chief Executive Officer as a matter of urgency, Bequests to Lerwin Nursing Home From time to time the Lerwin Nursing Home receives bequests from residents and/or their family or community members. These bequests are accepted on face value and not expected. There is no onus on any resident and/or family associated with the Lerwin Nursing Home to provide such financial benefit. Availability & Review of Policy This Policy will be available for inspection at the Council’s principal office during normal business hours and may be downloaded from the Council's website. Copies are available from Council's offices upon request. This Policy will be reviewed on a biannual basis in the month of May and within 5 months of a periodic election. Council may otherwise revise or review this Policy at any time. Endorsed by Council on 10 May 2010.

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1140.2 EXECUTIVE MANAGER CORPORATE & COMMUNITY SERVICES 1140.2.1 BUDGET REVISION TO 28 FEBRUARY 2010 (SF1577)

Officer: Tony Siviour

Priority - 1 - ( ) Legislative 2 - ( ) Corporate 3 - ( ) Other

Purpose To present to Council actual result against budget for the third period to February 2010 and the full year forecast to June 2010. This analysis has been completed at a level that enabled the major budgetary components to be included and analysed to reflect a true financial position. The third quarter budget review will provide the basis for forming the 2010/2011 Annual Budget. Priority – Legislative In accordance with Section 7(1) of the Local Government (Financial Management) Regulations 1999. Discussion It is a requirement of the Local Government Act 1999 and the Local Government (Financial Management) Regulations 1999 that budget reviews be undertaken at least three times during the financial year. This is the third budget review and covers the period from 1 July 2009 to 28 February 2010. Projected Budget – Quarter 3 The following major variances have been made to the 2009/2010 Annual Budget as part of the Quarter 3 review – Income Statement Income statement includes revenues and expenses associated with the Lerwin Nursing Home. Capital Revenue Amounts specifically for new or upgraded assets Ferries McDonald Road $0.693 million Note Council has now received $0.371 million of the $1.4 million Auslink funding for Ferries McDonald Road. The balance of the funding will be received in 2010/2011 (subject to Federal approval). Expenditure on new/upgraded Assets Railway Terrace car parking Stage 2 (refer (1)) $0.18m Reduce Sturt Reserve lighting Stage 3 (refer (2)) $0.10m Remove Prosperity Grove – Kerb and Gutter $0.10m Remove Kepa Road (refer (3)) $0.303m Reduce Range Road Rockleigh (refer (4)) $0.1m (1) Refer Council Report Item 1125.2. – 19 April 2010 (2) Project to be completed in 2010/2011 (3) A balance of $30,000 has remained in the 2009/2010 budget to raise rubble for

the completion of this project in the 2010/2011 financial year.

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(4) The scope of this resheet project was reduced due to some sections of the road not needing the full thickness of material as was first anticipated.

Net gain (loss) on disposal of assets Fabcot land sale – Instalment 1 $7.5m less carrying value of land held $4.2m Net gain on disposal $3.3m Cash Flow Statement Cash flows from investing activities Fabcot land sale – Instalment 1 $7.5m Cash flows from financial activities Reduce proceeds from borrowings $1.6m Summary Members should note that an allocation of $40k has been included as part of the 3rd quarter budget review following the meeting of Council on 19 April 2010 to cover the cost of Council undertaking an Urban Design Masterplan of the Town Centre (refer Item 1125.2.1). The net effect of the recommended changes is to increase Council’s net surplus including capital revenues from $2.429 million to $6.651 million. Council is now forecasting an operating surplus before capital revenues of $0.442 million. The second quarter review forecast an operating deficit of $0.111 million. In terms of cash flow implications, the recommended changes will increase Council’s cash position from an overdraft position of $3.644 million to a cash position of $2.797 million. Given the improvement in forecast cash position as at 30 June 2010 it is recommended that Council does not proceed with the loan borrowing of $1.6 million as included in the adopted budget for the 2009/2010 financial year. Financial Indicators Chart 1 provides an analysis of the Council Operating Surplus Ratio The operating surplus ratio is the operating surplus (deficit) expressed as a percentage of general and other rates net of rate rebates and revenues from the NRM levy. Council is predicting a positive ration which indicates that Council’s operating revenue is adequate to cover the expenses required to run the Council.

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Chart 1 – Operating Surplus Ratio

Operating Surplus Ratio

-10%

-5%0%

5%

10%15%

20%

2006 2007 2008 2009 2010Years

RCMB LGA Target Range

As can be seen in Chart 1, the Council has been operating at a regular deficit position. The Local Government Association (LGA) South Australia’s Information Paper “Targets for Local Government Financial Indicators” recommends an Operating Surplus Ratio of between 0% and 15%. As at 28 February 2010 Council is on track to record an operating surplus which is within the target range outlined in the LGA Information Paper. Chart 2 – Net Financial Liabilities Ratio

Net Financial Liabilities Ratio

0%

20%

40%

60%

80%

100%

120%

2006 2007 2008 2009 2010Years

RCMB LGA Target Range

The Net Financial Liabilities Ratio indicates the extent to which the net financial liabilities (total liabilities less financial assets) could be met by operating revenue. The target rate for this indicator, while accepted to be anywhere between 0 and 100%, should be based on the Council’s own target taking into consideration its likely future long term financial requirements. As the Council does not have an adopted Long Term Financial Plan, it would be prudent to not see large increases in this ration until these items are addressed. If this ratio were to increase before resolving the issues, the Council may not have the capability to fund future renewals or growth and therefore its future financial sustainability.

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The net financial liabilities ratio has decreased since the Quarter 2 review due to the positive cash position effect of the Fabcot land sale. Chart 3 – Asset Sustainability Ratio

Asset Sustainability Ratio

20.0%40.0%60.0%80.0%

100.0%120.0%140.0%160.0%180.0%

2006 2007 2008 2009 2010Years

Asset Sustainability Ratio RCMB LGA Lower

The Asset Sustainability Ration indicates whether a Council is renewing or replacing existing non-financial assets at the same rate that its overall stock of assets is wearing out. It is calculated by measuring the expenditure on renewal or replacement of assets relative to the recorded rate of depreciation of assets for the same period. A Council should target a ratio of between 90% and 110%. Note: Capital expenditure included in the 2009/2010 budget has not been separated into:

• net outlays on renewal and replacement of existing assets • net outlays on new and upgraded assets

therefore the accuracy of this ratio cannot be guaranteed. This will rectified in the 2010/2011 financial year. Recommendation 1. That Item 1140.2.1 on Council Agenda of 10 May 2010 be received. 2. That, pursuant to Section 7(1) of the Local Government (Financial

Management) Regulations 1999, Council adopts its revised Annual Budget for the period ending 28 February 2010.

3. That Council resolve to not proceed with loan borrowings of $1.6 million as per the 2009/2010 Annual Budget.

Cr Weinert moved That the recommendation be adopted – namely, 1. That Item 1140.2.1 on Council Agenda of 10 May 2010 be received. 2. That, pursuant to Section 7(1) of the Local Government (Financial

Management) Regulations 1999, Council adopts its revised Annual Budget for the period ending 28 February 2010.

3. That Council resolve to not proceed with loan borrowings of $1.6 million as per the 2009/2010 Annual Budget.

Seconded by Cr Wilson and CARRIED

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1140.2.2 CAPTAIN’S COTTAGE MUSEUM SF548 – C*588.2 – 8/9/2008 Officer: Malcolm Downie

Priority - 1 - ( ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose To inform Council of the progress of the re-registration of the Captain’s Cottage Museum with the History Trust of SA and determine a position on continuing with the re-registration. Priority Corporate – Motion on Notice 588.2, Meeting 8 September 2008 “That Captain’s Cottage Management Committee be requested to identify the necessary steps to establish a formal link with the History Trust of SA and advise Council of help, if any, that may be required to establish this status” Budget Allocation No funding has been set aside for this project Discussion Council staff have been in contact with the National Trust and a representative met with Council staff, an Elected Member (Cr England) and volunteer representatives of the Captain’s Cottage Museum to discuss the process of re-registration. The steps towards the Community Museums Program (CMP) registration: 1. The museum contacts the History Trust to indicate intention to apply to join the

Program. 2. The History Trust confirms eligibility and establishes a working process. 3. The museum obtains a copy of the CMP handbook from the History Trust. 4. The museum assesses its operations and programs against the set of standards

and History Trust requirements, which are outlined in the handbook, making changes and seeking assistance from the History Trust, as required.

5. At the same time, the museum gathers together the written information required to be submitted to the History Trust, as indicated in the handbook.

6. The museum requests in writing that the History Trust begins the formal assessment process.

7. With this formal request, the museum submits all required written evidence. 8. Once it has reviewed the written submission, the History Trust may request

further changes or further information. 9. Once the History Trust is satisfied with the written documentation, it makes

arrangements with the museum to conduct a site assessment, according to the requirements set out in the Handbook; again, the museum may be required to make further changes.

10. Once the History Trust is satisfied that the museum meets the required standards, the History Trust recommends the museum’s registration to the Chief Executive.

11. The History Trust writes to the museum to inform it of its registration status, and lists any further action agreed between the parties during the assessment process.

12. A certificate of Registration is presented to the museum for display at the entrance of the museum or other appropriate location within the museum. This is

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an important public acknowledgement of the participation of the museum in the Community Museums Program.

Once the museum is registered they are eligible to apply for CMP grants, attend skills development workshops and field visits to other museums and receive informal communication, such as e-mail requests for information or advice. To date Council has spent $2,847.33 on engaging the services of a consultant to start the process of looking at the Museum’s operations and programs while gathering the written information asked for in the CMP handbook. This contract has now been concluded. Documentation received from the consultant is of limited value in meeting the overall requirements for the registration process. Council will be required to engage the services of a museum curator to catalogue all items currently on the premises. It will also require some changes in the operations of the museum and an updating of all policies and procedures to meet the required standard. The handbook also requires that a forward (business) plan and asset management plan be in place. An estimate of cost to re-register Captain’s Cottage Museum with the History Trust of SA includes: Museum Curator $15,000 to create a database of the collection &

conduct training for volunteer staff Consultant $15,000 update policy & procedures, develop forward plan / asset management plan Total (minimum) $30,000 The Museum’s income over the last three years:

2006/2007 $1,296.91 2007/2008 $1,946.65 2008/2009 $1,056.09 2009/2010 to date $ 267.09

The Museum’s operating expenditure over the last three years: 2006/2007 $ 4,549.42 2007/2008 $16,431.86 2008/2009 $ 7,506.34 2009/2010 to date $ 6,245.58 It is evident the Museum has been running at a loss over the last three years. For the re-registration of the History Trust to be of benefit to the community, the Museum would need to change the way it operates to increase patronage. This could mean opening up to seven days a week, advertising to schools and community groups and charging a rate that is more reflective of the cost of running the Museum. The additional cost of operating the Museum seven days a week with an appropriate marketing budget has not been costed but would be clarified if Council approves changes to the operating times of the Museum (Option (iii) below). There are three options for Council to consider:

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(i) Take no further action. Under this option, Council would no longer support the Captain’s Cottage Museum re-registration with the History Trust of SA;

(ii) Council support the Captain’s Cottage Museum re-registration with the History Trust of SA, through the inclusion of $30,000 in the 2010/2011 budget process and Council staff operate the museum as is currently, on a restricted basis utilising the services of volunteers;

(iii) Council support the Captain’s Cottage Museum re-registration with the History Trust of SA, through the inclusion of $30,000 in the 2010/2011 budget process and Council staff investigate different options for the running of the Museum and bring a report back to Council with the estimated costs of the alternative options.

Summary Council staff have been in contact with the National Trust of SA regarding the requirements for the re-registration of Captain’s Cottage Museum with the History Trust of SA. Registration would bring some benefits to the Museum. However, the re-registration process is quite involved and will require the expert advice of a curator to catalogue the collection and additional resources to complete/ update policies and procedures and forward plans costing at least $30,000. The Museum currently opens on weekends or during the week to meet special requests or tour groups, utilises volunteers and runs at a loss to Council. Recommendation: 1. That Item 1140.2.2 on Council Agenda of 10 May 2010 be received; 2. That Council determine a position on the re-registration of Captain’s Cottage

Museum based on the following options: (i) Take no further action. Under this option, Council would no longer

support the Captain’s Cottage Museum re-registration with the History Trust of SA; OR

(ii) Council support the Captain’s Cottage Museum re-registration with the History Trust of SA, through the inclusion of $30,000 in the 2010/2011 process budget and Council staff operate the museum as is currently, on a restricted basis utilising the services of volunteers; OR

(iii) Council support the Captain’s Cottage Museum re-registration with the

History Trust of SA , through the inclusion of $30,000 in the 2010/2011 budget process and Council staff investigate different options for the running of the Museum and bring a report back to Council with the estimated costs of the alternative options.

Cr England moved 1. That Item 1140.2.2 on Council Agenda of 10 May 2010 be received;

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2. That Council convene a workshop led by History Trust SA personnel, with CCM volunteers, interested Elected Members and Council staff to explore the possible future for Captain’s Cottage Museum.

Seconded by Cr Weinmann and CARRIED

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1140.2.3 RENAMING OF TOWN HALL (SF1849) Officer: Faith Box

Priority - 1 - ( ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose For Council to determine whether to rename the Town Hall following public consultation. Priority – Other Discussion Members are aware that the Town Hall has recently been redeveloped. The community was asked to submit ideas for a suitable name for the Town Hall to be announced at the Gala Opening on 5 June 2010. A brass commemorative plaque will also be purchased and installed post the opening. It has been suggested that the plaque could be installed on 1 October 2010 to commemorate the laying of the first foundation stone 100 years ago. The Murray Bridge and District Historical Society is contemplating a re-enactment event in celebration. Submission received are as follows: Suggested Names  Total 

Murray Bridge Town Hall  5 Murray Bridge Town Hall Cultural Centre  2 Murray Bridge Town Hall Arts and Cultural Centre  1 Murray Bridge Gallery and Performing Arts Centre  1 Murray Bridge Town Hall Arts Centre  8 Murray Bridge Arts Centre  1 Murray Bridge Performing Arts Centre  1 Murrundi Arts Centre  1 Murraylands Regional Arts and Cultural Centre  1 Murray Bridge Arts and Cultural Centre  5 Murray Bridge Regional Arts and Cultural Centre  1 Murray Bridge Civic and Arts Centre  2 Murray Bridge Centre for the Arts  2 Murray Bridge Arts & Function Centre  3 Murray Bridge Town Hall Arts Precinct  1 Tourist and Regional Centre Murray Bridge  1 

Murray Bridge Over Troubled Waters  1 

Total Responses  37  Recommendation 1. That Item 1140.2.3 on Council Agenda of 10 May 2010 be received. 2. That Council make a determination on whether to rename the redeveloped

Town Hall following community consultation.

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Cr England moved 1. That Item 1140.2.3 on Council Agenda of 10 May 2010 be received. 2. That the building be named the Murray Bridge Town Hall Arts Centre.

Seconded by Cr Wilson and LOST

Cr Weinmann moved 1. That Item 1140.2.3 on Council Agenda of 10 May 2010 be received. 2. That the building’s title remain as the Murray Bridge Town Hall.

Seconded by Cr Schubert and CARRIED

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1140.2.4 CONTRACT FOR THE SUPPLY OF ABOVE 160MWh ELECTRICITY - DELEGATION AUTHORITY (SF280)

Officer: Malcolm Downie

Priority - 1 - ( ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose The purpose of this report is to seek Council approval to delegate authority to the Chief Executive Officer to accept, vary and discharge a contract with the successful tenderer for the retail supply of Above 160MWh electricity. Priority Council currently participates in contract for the bulk supply of Above 160MWh electricity to Lerwin, the Local Government Centre and the Depot. The current contract with PowerDirect is due to conclude on 31 December 2010. Local Government Corporate Services (LGCS), working with representatives from Councils and a consultant have been preparing to approach the market. The tender is now open and closes on 11 May 2010. At the request of LGCS and the Working Party, Council needs to be in a position to respond quickly once negotiations are underway, hence the need to request delegated authority be given to the Chief Executive Officer. Budget Allocation Council’s budget provides for the cost of the supply of Above160MWh electricity. The approved budget in 2009-10 is $165,300. Discussion In July 2009 a decision was taken for Local Government Corporate Services through the Local Government Working Party and under the guidance of appointed energy consultants Trans Tasman Energy Group (collectively LGCS) to approach the market for the supply of Above160 MWh electricity supplies for all user councils in South Australia. In this contestable market once tenders have been received LGCS will only have limited time (2-14 days) to accept and/or reject the tenderer’s offer. Within this limited time LGCS will be passing its recommendation to Councils for their collective acceptance or otherwise of the recommended offer. A Working Party that includes representation from City of Salisbury, Adelaide City Council and City of Onkaparinga has been formed to support Local Government Corporate Services in this task. The wholesale electricity market has been monitored by the energy consultant Trans Tasman Energy and LGCS have been in a position to go to tender immediately market conditions suggest a best price scenario. The price in the wholesale market for electricity supplies has recently been moving downwards and the tender has therefore been released. The decision will be based on an assessment undertaken by the Energy Consultant (Trans Tasman) and the Local Government Working Party and will be based on:

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• 90% for the price component made up from raw energy charges and network service charges

• 5% for the approach to the business partnership. Security of supply; Management information systems and reporting capabilities; Invoicing and accounting processes and systems; Compliance to the specification; Administrative systems and processes; Transfer process methodology; Environmental management; Customer service; Green power; Financial viability; and Compliance with terms and conditions of the RFT.

• 5 % for the track record and experience including value added services

Organisational structure and capability; Organisational experience Contract and performance management; Electronic commerce capability;

Summary It is therefore requested that Council consider this information and resolve to take the recommended action. Recommendation 1. That Item 1140.2.4 on Council Agenda of 10 May 2010 be received 2. That Council delegate authority to the Chief Executive Officer (or his

nominated Executive Manager) to: (i) accept a tender from and enter into a contract with the successful

tenderers for the retail supply of Above 160 MWR electricity; (ii) advise LGCS of that acceptance within the specified time; (iii) to make, vary and discharge the contract; and (iv) to sign all relevant documentation in this matter.

Cr England moved That the recommendation be adopted – namely, 1. That Item 1140.2.4 on Council Agenda of 10 May 2010 be received 2. That Council delegate authority to the Chief Executive Officer (or his

nominated Executive Manager) to: (i) accept a tender from and enter into a contract with the successful

tenderers for the retail supply of Above 160 MWR electricity; (ii) advise LGCS of that acceptance within the specified time; (iii) to make, vary and discharge the contract; and (iv) to sign all relevant documentation in this matter.

Seconded by Cr Phillips and CARRIED

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1140.3 MANAGER, INFRASTRUCTURE & TECHNICAL SERVICES 1140.3.1 REVOCATION OF PUBLIC VEHICLE PARKING AROUND THE

WOOLWORTHS SITE DURING CONSTRUCTION WORKS 415/136/2010

Officer John Hincks Priority - 1 - ( ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose To obtain Council resolution for the revocation of parking zones around the Fabcot development (Woolworths) site during the construction period and to place a time limit on public use of the car parking areas at the front and back of the Local Government Centre Priority High Budget Allocation The cost of the necessary signs and line marking is estimated at $5000. This cost will be financed through the sale of the land to Fabcot Background/Request Council will recall approving the construction of a new car park adjacent the railway station at its meeting of the 19th April 2010. This new car park is intended to provide an alternative car park to the one that will be lost as a consequence of the Fabcot development. During the construction of the Fabcot development the public will not be able to park on or fronting onto that site due to access and safety issues for both members of the public and the contractors working on the site. To validate this, a resolution of council is required pursuant to Section 17 of the Road Traffic Act 1961 and Section A of the Ministers “Notice to Councils to Use Traffic control Devices “dated June 2006 to ban parking in those areas during construction. See attachment 1140.3.1 for traffic management concept plan around work site. Furthermore, a time limit is required on parking in the Local Government Centre carpark and also in the Pine Park carpark to prevent long term parkers taking over those areas and leaving no spaces available for those people actually attending the Local Government Centre. This also requires a resolution pursuant to Section 17 of the Road Traffic Act 1961 and Section A of the Ministers “Notice to Councils to Use Traffic control Devices “dated June 2006 Recommendation: 1. That item (1140.3.1) on Council agenda of (10 May 2010) be received 2. That Council resolve while construction works are in progress on the Fabcot

development site :-

1. public vehicle parking be banned on; a) the northern side of Mary Terrace between East Terrace and

Seventh Street b) the southern side of South Terrace between East Terrace and

Seventh Street c) the eastern side of Seventh Street between Mary Terrace and

South Terrace

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d) the western side of East Terrace between Mary Terrace and South Terrace

2. public vehicle parking within the carpark area at the front of the Local

Government Centre on Seventh Street, and within the car parking area between the Local Government Centre and Pine Park be restricted to a 1 hour time limit between 8am and 6pm Monday to Friday and that a permit system be implemented for those vehicles requiring a longer period.

Conflict of Interest Declaration Item 1140.3.1 – Revocation of Public Vehicle Parking around Woolworths Site during Construction Works. Cr Wilson declared of a conflict of interest in relation item 1140.3.1 – Revocation of Public Vehicle Parking around Woolworths Site during Construction Works as he owns a building on Mary Terrace. Cr Wilson left the Chamber at 8.28 pm Cr Weinmann moved That the recommendation be adopted, namely - 1. That item (1140.3.1) on Council agenda of (10 May 2010) be received 2. That Council resolve while construction works are in progress on the Fabcot

development site :-

1. public vehicle parking be banned on; a) the northern side of Mary Terrace between East Terrace and

Seventh Street b) the southern side of South Terrace between East Terrace and

Seventh Street c) the eastern side of Seventh Street between Mary Terrace and

South Terrace d) the western side of East Terrace between Mary Terrace and South

Terrace

2. public vehicle parking within the carpark area at the front of the Local Government Centre on Seventh Street, and within the car parking area between the Local Government Centre and Pine Park be restricted to a 1 hour time limit between 8am and 6pm Monday to Friday and that a permit system be implemented for those vehicles requiring a longer period.

Seconded by Cr Phillips and Lost Cr Laubsch moved 1. That item (1140.3.1) on Council agenda of (10 May 2010) be received 2. That Council resolve while construction works are in progress on the Fabcot

development site :-

1. public vehicle parking be banned on; a) the northern side of Mary Terrace between East Terrace and

Seventh Street b) the southern side of South Terrace between East Terrace and

Seventh Street

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c) the eastern side of Seventh Street between Mary Terrace and South Terrace

d) the western side of East Terrace between Mary Terrace and South Terrace

2. public vehicle parking within the carpark area at the front of the Local

Government Centre on Seventh Street, and within the car parking area between the Local Government Centre and Pine Park be restricted to a 1 hour time limit between 8am and 6pm Monday to Friday and that a permit system be implemented for those vehicles requiring a longer period.

3. That there be a 2 hour public vehicle parking time limit on the southern

side of Mary Terrace from East Terrace to Seventh Street. Seconded by Cr Nutt and CARRIED

Cr Wilson resumed his seat at 8.33 pm.

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1140.4 MANAGER, DEVELOPMENT & ENVIRONMENTAL SERVICES 1140.4.1 LIQUOR LICENCE FOR GERMAN CAKE SHOP (SF47)

Officer: Gloria Booker

Priority - 1 - ( ) Legislative 2 - ( ) Corporate 3 - ( X ) Other Purpose To seek Council’s position for the granting of a restaurant liquor licence to sell alcohol without a meal from German Cake Shop, Tenancy 1, 55 Adelaide Road, Murray Bridge. Priority The Office of the Liquor and Gambling Commissioner requires a letter of support from the Council prior to proceeding with the assessment of the application for a liquor licence. Background The Manager of the German Cake Shop and Bakery opened for business in January 2009, providing café type meals for both dine in and take away. He has applied to the Commissioner for Liquor Licensing for a licence to sell alcohol in the café restaurant without a requirement to provide a meal. The trading hours for the café restaurant are 8.00 am to 6.00 pm daily and public holidays. The proposed liquor licence trading hours are 11.30 am to 6.00 pm daily and public holidays.

.

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The Café/Restaurant is located within the Regional Town Centre Zone Policy Area 9 within which a wide range of offices, shops, commercial, and cafes and restaurants would be envisaged. In the immediate vicinity there is a petrol station on the western side, a child care and kindergarten at the rear (north), a car sales premise to the east and on the southern side of Adelaide Road, the town swimming complex and McCues’ Bakery and shop. Car parking for both the office and shop components are provided at the rear, consisting of double staking for the office use, and along the western site of the building. The provision of a liquor licence for this business is unlikely to be the subject of reasonable objection nor is likely to be the cause of unsociable behaviour from the patrons nor is it likely to affect adjacent land owners and occupiers. Other similar businesses within the township hold liquor licences. Summary The application for a Restaurant Licence for premises situated at Tenancy 1, 55 Adelaide Road (German Cake Shop and Bakery) with trading hours of 8.00 am to 6.00 pm daily and public holidays is considered to be not at variance with the Regional Town Centre Zone (Policy Area 9) policies of Council’s Development Plan. Recommendation 1. That item number 1140.4.1 on Council agenda of 10 May 2010 be noted and

received 2. Recommend to the Office of the Liquor and Gambling Commissioner that

Council is not opposed to a Restaurant Licence for the sale of alcohol without a meal at Tenancy 1, 55 Adelaide Road, Murray Bridge (German Cake Shop and Bakery) during the trading hours of 11.30 am and 6.00 pm daily and public holidays.

Cr Weinmann moved That the recommendation be adopted – namely, 1. That item number 1140.4.1 on Council agenda of 10 May 2010 be noted and

received 2. Recommend to the Office of the Liquor and Gambling Commissioner that

Council is not opposed to a Restaurant Licence for the sale of alcohol without a meal at Tenancy 1, 55 Adelaide Road, Murray Bridge (German Cake Shop and Bakery) during the trading hours of 11.30 am and 6.00 pm daily and public holidays.

Seconded by Cr Simmons and CARRIED

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1140.4.2 REGIONAL TOWN CENTRE DEVELOPMENT PLAN AMENDMENT Officer: Simon Channon

Priority - 1 - ( X ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose To seek the support of Council to continue the progress of the Regional Town Centre DPA. Priority Legislative – Provide advice to Council on the monitoring and strategic matters relating to the Development Act. Background In 2008 Council supported a number of proposed planning policy changes. These included the Better Development Plan DPA, a Section 30 Review, the Residential Growth Areas DPA, a Statement of Intent for the Town Centre DPA and a Statement of Intent for a Light Industrial DPA. The Statement of Intent for the Town Centre DPA has been produced by MasterPlan as part of the original contract and been submitted to the Minister for his approval. To date Council has received a preliminary response from the Department of Planning and Local Government and agencies comments concerning areas that will require further investigations. This report is being presented to Council to seek their support in continuing the DPA process. Discussion In line with Council procurement policy, Council is required to undertake a call for expressions of interest from at least three consultancies with expertise in the area of investigations and preparation of Development Plan Amendments. The scope of works will require:

• Traffic Impact Assessment. • Investigation on the potential loss of industrial land and the impact on the

current operations. • Investigate options for low impact policy areas to reduce potential for

conflicting land uses • Investigate site contamination issues

. Recommendation: That item 1140.4.2 on Council Agenda of 10 May 2010 be received and that Council continue to progress the Regional Town Centre Development Plan Amendment subject to the Minister’s approval of the Statement of Intent Cr Wilson moved That the recommendation be adopted – namely, That item 1140.4.2 on Council Agenda of 10 May 2010 be received and that Council continue to progress the Regional Town Centre Development Plan Amendment subject to the Minister’s approval of the Statement of Intent

Seconded by Cr Weinmann and CARRIED

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1140.4.3 RESIDENTIAL GROWTH AREAS DPA Officer: Simon Channon

Priority - 1 - ( X ) Legislative 2 - ( ) Corporate 3 - ( ) Other Purpose To inform Council of the response received from the Minister in relation to the Residential Growth Areas Statement of Intent, and, to seek a direction of Council in relation to the response to the Statement of Intent. Priority Legislative – Provide advice to Council on the monitoring and strategic matters relating to the Development Act. Background The Statement of Intent for Residential Growth Areas Development Plan Amendment (DPA) was lodged with the Minister for Urban Development and Planning on 11 November 2009. The Minister, through the Department of Planning and Local Government (the Department) responded on 24 December 2009 with issues requiring clarification or further investigations. Council staff, working with consultants MasterPlan lodged an amendment to the Statement of Intent on 22 January 2010. The Department have since responded to the amended Statement of Intent. This response is summarised below and is included in full as appendix 1140.4.3. The Department raises three concerns in relation the Statement of Intent, firstly, the Department have suggested that Council undertake a different approach to the DPA, this being Process A, whereby the DPA is put on agency consultation before being placed on public consultation. This process is generally used where agencies seek input at an earlier stage of the DPA process. Secondly the Department suggest that there be greater investigations relating to the Sea Gas Pipeline which bisects the affected area of the DPA. The Department recognises these will be implications on the outcome of the DPA, which could be addressed up front during the investigations. The third issue identified by the Department is the inclusion of the ‘Lover’s Lane’ rural living precinct, it is recognised that this is not a logical expansion of the township and is not consistent with several strategies of the Planning Strategy for Regional South Australia. The Department recommends that Council consider removing all reference to the ‘Lover’s Lane’ proposal. The Statement of Intent has been put on hold by the Department until the issues have been addressed through a revised Statement of Intent. Discussion The first two issues identified by the Department can be satisfied by Council staff working with MasterPlan to amend the Statement of Intent and if necessary the terms of agreement. However, it is the third issue, the investigations of the Lover’s Lane area that direction of the Council is sought.

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The ‘affected area’ in the Statement of Intent provides the following in relation to the inclusion of this area in the investigations:

4. Murray Bridge South – Lovers Lane. This area was not included in the Urban Growth Plan as a significant site for residential development; however it contains a pattern of rural residential development which has the potential to expand. The area currently contains a rural living development comprising some 23 allotments, each of approximately 5,000 square metres. There are current proposals to develop further rural living allotments in the area south of Lovers Lane and east of Jervois Road. The area to be investigated is generally the area south of the South Eastern Freeway between Flagstaff Road in the west and Carter Road in the east, and the boundary of the existing rural living allotments on Jendarra Court.

This area was included in the Statement of Intent at the request of a developer and landholders within the locality, who had previously requested the land be rezoned. The developer and landholders had previously submitted a separate Statement of Intent to Council with the intention of undertaking a ‘developer funded’ DPA, under the name of Murray Bridge South Country Living. This proposed developer funded DPA was put on a priority listing of DPA’s as per Council resolution of the Council Meeting held on 14 September 2009, the resolution is as follows.

1. That item 966.4.2 on Council agenda of 14 September, 2009, be received.

2. That the priority listing of Development Plan be

1. Better Development Plan Conversion, 2. General Residential, 3. Expansion of Town Centre and Waterfront Zones, 4. Golf Course/Racing rezoning and 5. Light Industrial/Rural Living Zone. 6. Murray Bridge East from Primary Production to Country

Living 7. Murray Bridge South Country Living – Swanport Village Road

3. That Council undertake a Section 30 review upon the completion

of the 30 Year Plan for Greater Adelaide and the combined Riverland and

Murraylands Land Use Framework.

4. That a decision on the following Development Plan Amendments

be made following investigations through the Section 30 review: 1. Mypolonga Rural Living 2. Commercial (Monarto South) Zone expansion 3. Tourist Development Zone – Former Puzzle Park Site

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Further negotiations were held with the developer and land holders of the Lover’s Lane (Murray Bridge South) area. It was agreed that this area could be looked at as part of the General Residential DPA and was included as an area for investigation in the Statement of Intent. The Department of Planning and Local Government have responded to the inclusion of this area in the Statement of Intent and have provided the following comment:

Finally, the Department has reservations regarding the proposed ‘Lover’s Lane’ rural living precinct. We are concerned that it is not a logical expansion of the town and that it is not consistent with several strategies of the Planning Strategy for Regional South Australia (January 2003, as amended at February 2008), including:

• Prevent the loss of productive land, minimising encroachment by inappropriate uses and reduce the potential conflict.

o Recognise the rights of existing primary industries to conditions and practices necessary for efficient and sustainable business

o Restrict the establishment of rural living areas on primary production land.

• Base the location of rural living areas on an assessment of the capability and productivity of land for agriculture and horticulture, the availability and capacity of infrastructure, access to community services and the impact on primary production

o Limit rural living to areas not required for primary production, commercial or township expansion.

And from the Murraylands Planning and Development Area section:

• Promote production of the new and profitable crops and value-added and niche market projects

• Ensure rural living does not diminish the productivity of prime horticultural land

It is recommended that Council considers removing all reference to the ‘Lover’s Lane’ proposal.

The Department are advising that they consider the rezoning of this land to be at variance with the objectives of the Planning Strategy for Regional South Australia. The Department’s reason for this is the loss of productive horticultural land in favour of Rural Living. Below is an aerial image of the location of the Lovers Lane area (Figure 1). The affected area, identified in the Statement of Intent is identified by the black border in the centre of the image.

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Figure 1. Aerial image of location with an overlay of Rural City of Murray Bridge zoning

Source: RCMB 2010 As can be seen, the affected area, which is zoned Primary Production is surrounded by residential type living, including the Residential Zone and the Country Living Zone to the north, the Rural Living Zone to the west and east. The area is also adjacent the Tourist Development Zone, which has an existing hotel (Dundees) and an approved Cabin Park, further, the area is adjacent the River Murray Flood Zone. Also within the affected area is an approved subdivision of approximately 25 allotments of varying size between 5 000 m2 and 10 000 m2. It is recognised that the existing horticultural uses within the affected area are being encroached upon by a prevailing pattern of rural living type allotments and consequently and increasing number of residential dwellings. Outside of the approved rural living subdivision the land is fragmented into eleven (11) allotments, three (3) of which are in excess of 10 hectares, three (3) are greater than 2.8 hectares, and the remaining are less than 2.8 hectares. Therefore under current conditions the land could be sold in separate parcels with an additional nine (9) dwellings being constructed, as two of the allotments already have dwellings. The value of the horticultural land is dependant on water allocation and use, therefore it is questionable as to whether the land can be sustainable in the long term as Primary Production or Horticultural usage. The owner of the land is seeking to rezone to enable sale to finance relocating to a more suitable site.

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Summary Council has received a response to the Residential Growth Areas DPA from the Department of Planning and Local Government. The response highlights three concerns that the Department has with the Statement of Intent. The first two concerns are amendments that can be accompanied through administrative changes to the Statement of Intent. The Department’s third concern is the inclusion of the Lover’s Lane precinct for which the Council needs to resolve to proceed with or without this component in the DPA. Recommendation: That item 1140.4.3 on Council Agenda of 10 May 2010 be received and that Council advise the Department of Planning and Local Government that the land in the vicinity of Swanport Village Road and Lovers Lane remain in the Statement of Intent and proposed DPA for the following reasons:

o The subject land is not economically viable for primary production purposes. o Land surrounding this area is either zoned Rural Living or Country Living. o Currently the land is used for horticultural purposes and is restricted due to its

dependence on water allocation. o The subject land is fragmented with a number of allotments that could be

developed for housing and therefore would further reduce the overall agricultural productivity of the land.

o The rezoning of this land is not an extension of the town boundary. Conflict of Interest Declaration Item 1140.4.3 – Residential Growth DPA Cr England declared a potential conflict of interest in relation to item 1140.4.3 Residential Growth DPA due to impact on family members if land rezoned. Cr Nutt moved That the recommendation be adopted – namely, That item 1140.4.3 on Council Agenda of 10 May 2010 be received and that Council advise the Department of Planning and Local Government that the land in the vicinity of Swanport Village Road and Lovers Lane remain in the Statement of Intent and proposed DPA for the following reasons:

o The subject land is not economically viable for primary production purposes. o Land surrounding this area is either zoned Rural Living or Country Living. o Currently the land is used for horticultural purposes and is restricted due to its

dependence on water allocation. o The subject land is fragmented with a number of allotments that could be

developed for housing and therefore would further reduce the overall agricultural productivity of the land.

o The rezoning of this land is not an extension of the town boundary. Seconded by Cr Schubert and CARRIED

Cr England resumed his seat at 8.46 pm

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Appendix 1140.4.3 E-mail Message

From: McEvoy, Tim (DPLG) [SMTP:[email protected]] To: Simon Channon [EX:/O=RCMB/OU=EXCHANGE

ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=Simonchannon]

Cc: Sent: 27/04/2010 at 2:55 PM Received: 27/04/2010 at 2:56 PM Subject: RC Murray Bridge - Residential Growth Areas DPA

As discussed Simon. [TO COUNCIL] Dear Mr Damien Moloney Rural City of Murray Bridge - RESIDENTIAL GROWTH AREAS DEVELOPMENT PLAN AMENDMENT STATEMENT OF INTENT The Department of Planning and Local Government has now reviewed this Statement of Intent (SOI) and there are some issues that require clarification and/or amendment. The issues and the action required are described in the attached table. Due to the response from both SA Water and the Department for Transport and Energy Infrastructure, the Department of Planning and Local Government (the Department) suggests Council consider adopting the DPA process A. This process requires Government Agency consultation before public consultation approval is sought and would provide agencies the opportunity for input at an early stage of the DPA. The Department also suggests Council consider including investigations relating to the Sea Gas Pipeline running through the affected area. This will have implications on the outcome of the DPA and would be best dealt with up front during the investigation stage. Finally, the Department has reservations regarding the proposed ‘Lover’s Lane’ rural living precinct. We are concerned that it is not a logical expansion of the town and that it is not consistent with several strategies of the Planning Strategy for Regional South Australia (January 2003, as amended at February 2008), including:

• Prevent the loss of productive land, minimising encroachment by inappropriate uses and reduce the potential conflict.

• Recognise the rights of existing primary industries to conditions and practices necessary for efficient and sustainable business

• Restrict the establishment of rural living areas on primary production land.

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• Base the location of rural living areas on an assessment of the capability and productivity of land for agriculture and horticulture, the availability and capacity of infrastructure, access to community services and the impact on primary production

• Limit rural living to areas not required for primary production, commercial or township expansion.

And from the Murraylands Planning and Development Area section:

• Promote production of the new and profitable crops and value-added and niche market projects

• Ensure rural living does not diminish the productivity of prime horticultural land

It is recommended that Council considers removing all reference to the ‘Lover’s Lane’ proposal.

Please note that the SOI will be placed on hold until these issues have been addressed and a revised and signed SOI has been submitted to the DPA coordinator. The amended SOI will then be forwarded to the Minister for approval. Should you wish to discuss any of the amendments we have specified, please do not hesitate to contact me. Yours sincerely Tim McEvoy Project Officer PLANNING Planning issues No.; Section Ref; Issue; Discussion Action required 1. Process - Process A In response to concerns from several Government agencies, Council should consider adopting process A for the DPA (separate agency consultation followed by approval before releasing for public consultation). Consider amendment of the DPA process.

2. Investigation - Sea Gas Pipeline Council should consider including an investigation into the potential impact from rezoning land to a more sensitive land use proximate to the Sea Gas pipeline.

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Consider additional investigation.

3. Scope - ‘Lover’s Lane’ The ‘Lover’s Lane’ proposal contradicts several strategies of the Planning Strategy for Regional South Australia, as mentioned above. Furthermore it is currently one of Adelaide’s prime lettuce producing areas. Consider removing all reference to the proposed ‘Lover’s Lane’ rural living area.

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1140.5 MANAGER, LERWIN Nil

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1141 REPORTS FROM COMMITTEES Nil

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1142 REPORTS FROM SUBSIDARIES 1142.1 SOUTHERN & HILLS LOCAL GOVERNMENT ASSOCIATION – 16/4/10 A copy of the Key Outcomes from the meeting of the Southern and Hills Local Government Association is attached as appendix 1142.1 Recommendation: That item number 1142.1 on Council agenda of 10 May 2010 be received and noted. Cr Laubsch moved That the recommendation be adopted – namely, That item number 1142.1 on Council agenda of 10 May 2010 be received and noted.

Seconded by Cr Simmons and CARRIED

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1143 QUESTIONS ON NOTICE Nil

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1144 QUESTIONS WITHOUT NOTICE Local Government (Procedures at Meeting) Regulations 2000 10—Questions (3) A member may ask a question without notice at a meeting. (4) The presiding member may allow the reply to a question without notice to be

given at the next meeting. (5) A question without notice and the reply will not be entered in the minutes of

the relevant meeting unless the members present at the meeting resolve that an entry should be made.

(6) The presiding member may rule that a question with or without notice not be answered if the presiding member considers that the question is vague, irrelevant, insulting or improper.

Nil

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1145 URGENT BUSINESS APPROVED BY MAYOR ARBON Note attached is a copy of the Urgent Business approval process adopted by

Council (policy G13) Please note that any ‘urgent business’ must be submitted to the Mayor in

writing, for his consideration, prior to 5 pm on the day of the meeting. This then enables the Mayor to make a ruling as to whether he accepts the Urgent Business, or whether the matter is simply put on notice for the subsequent meeting. This decision rests solely with the Presiding Member.

Nil

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1146 CONFIDENTIAL ITEMS 1146.1 RIVERFRONT ROAD – RIVER BANK COLLAPSE ISSUES (SF1534) Confidential Report - Section 90(3)(h) Recommendation 1 Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all persons, except (Mr Damien Moloney, Chief Executive Officer; Mr Wayne Wright, Executive Manager Corporate and Community Services, Mr Martin Waddington, Manager Infrastructure and Technical Services; Mrs Gloria Booker Manager Development and Environmental Services; Mr Reg Budarick Manager Lerwin and Ms Ros Kruger Minute Secretary) be excluded from attendance at the meeting held on 10 May, 2010 for Agenda item 1146.1 - Riverfront Road – River Bank Collapse Issues This Council is satisfied that pursuant to Section 90(3)(h) of the Act, the information to be received, discussed or considered in relation to this agenda item 1146.1 is legal advice relating to liability issues. 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. Cr Laubsch moved That the recommendation be adopted – namely, Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all persons, except (Mr Damien Moloney, Chief Executive Officer; Mr Wayne Wright, Executive Manager Corporate and Community Services, Mr Martin Waddington, Manager Infrastructure and Technical Services; Mrs Gloria Booker Manager Development and Environmental Services; Mr Reg Budarick Manager Lerwin and Ms Ros Kruger Minute Secretary) be excluded from attendance at the meeting held on 10 May, 2010 for Agenda item 1146.1 - Riverfront Road – River Bank Collapse Issues This Council is satisfied that pursuant to Section 90(3)(h) of the Act, the information to be received, discussed or considered in relation to this agenda item 1146.1 is legal advice relating to liability issues. 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.

Seconded by Cr Schubert and CARRIED

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Recommendation 2 Cr Laubsch moved 1. That item number 1146.1 on Council agenda of 10 May 2010 be received.

2. Council, having regard to the road closure of Riverfront Road from 11

December 2009 due to the area being declared a Hazard under the State Management Plan and the results of the SKM engineering report entitled “Study into the River Bank Collapsing for Lower Murray River” which classifies Riverfront Road as a ‘very high risk area’, resolve to rebate the general rates and 50% of the waste collection charges levied against the following assessments under Section 166(1)(m) of the Local Government Act 1999, for so long as landholders of properties on Riverfront Road are unable to access and/or occupy their properties during the 2009/2010 financial year.

Seconded by Cr Wilson and CARRIED

Assessment Number

Property Address

180 Site 114 Riverfront Road 197 Sites 122A, 123 Riverfront Road 208 Sites 119, 120, 121 Riverfront Road 325 Sites 104, 105 Riverfront Road 3943 Sites 116, 116 Riverfront Road 6540 Sites 156, 157, 158 Riverfront Road 6541 Sites 154, 155 Riverfront Road 6543 Site 151, Riverfront Road 7589 Sites 125, 126 Riverfront Road 7533 Sites 128, 129 Riverfront Road 7909 Site 127 Riverfront Road 8433 Sites 134, 135 Riverfront Road 9085 Sites 132, 133 Riverfront Road 9087 Sites 130, 131 Riverfront Road 9088 Sites 117, 118 Riverfront Road

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Recommendation 3 Pursuant to Section 91(7) that having considered Agenda item 1146.1 - Riverfront Road – River Bank Collapse Issues in confidence under Section 90(2) and (3)(h) of the Local Government Act 1999 the Council, pursuant to Section 91(7) of that Act orders that all documents considered by the Council in relation to this matter (agenda item 1146.1) excluding the associated minutes, be retained in confidence for a period of 12 months and that this order be reviewed every 12 months (if the confidentiality period is longer than 12 months in duration).

Cr Nutt moved That the recommendation be adopted – namely, Pursuant to Section 91(7) that having considered Agenda item 1146.1 - Riverfront Road – River Bank Collapse Issues in confidence under Section 90(2) and (3)(h) of the Local Government Act 1999 the Council, pursuant to Section 91(7) of that Act orders that all documents considered by the Council in relation to this matter (agenda item 1146.1) excluding the associated minutes, be retained in confidence for a period of 12 months and that this order be reviewed every 12 months (if the confidentiality period is longer than 12 months in duration).

Seconded by Cr Simmons and CARRIED

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Meeting closed at 9.07 p.m. Minutes taken as read and confirmed this day of 2010.

…………………………………………… MAYOR