Minutes of the Council Meeting Held on 20 May 2019 in the Community Chambers "Wal Yuntu Warrin" Commencing at 5.00PM
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Minutes of the Council Meeting
Held on 20 May 2019
in the
Community Chambers “Wal Yuntu Warrin”
Commencing at 5.00PMALEXANDRINA COUNCIL
MINUTES OF THE COUNCIL MEETING
TO BE HELD ON MONDAY 20 MAY 2019 COMMENCING AT 5.00 PM
IN THE COUNCIL COMMUNITY CHAMBERS “WAL YUNTU WARRIN” GOOLWA
TABLE OF CONTENTS
ITEM NO. SUBJECT PAGE NO.
CONFLICT OF INTEREST ............................................................................................................ 5
1. CONFIRMATION OF MINUTES .......................................................................................... 5
2. ADJOURNED DEBATE ....................................................................................................... 5
3. QUESTIONS WITH NOTICE ............................................................................................... 5
3.1 Cr Maidment - Redevelopment of The Strathalbyn Senior Citizens Building ............. 5
4. QUESTIONS WITHOUT NOTICE ....................................................................................... 5
5. NOTICES OF MOTION ....................................................................................................... 6
6. PETITIONS.......................................................................................................................... 6
6.1 Petition - Excelsior Parade - Mr Bill Galler................................................................. 6
6.2 Petition - Free Green Organic Waste Dumping at Council's Transfer
Station ....................................................................................................................... 6
7. DEPUTATIONS/REPRESENTATIONS ............................................................................... 6
7.1 Deputation - South Coast Freight Corridor ................................................................ 6
7.2 Deputation - Middleton and B-Double Trucks ............................................................ 6
8. ENVIRONMENT - REPORTS FOR COUNCIL DECISION .................................................. 6
8.1 South Coast Freight Corridor - Flagstaff Hill/Airport Road Intersection
Upgrade .................................................................................................................... 6
8.2 Strathalbyn Community Swimming Pool - 2019/20 Season ...................................... 7
9. GROWTH - REPORTS FOR COUNCIL DECISION ............................................................ 7
9.1 Strathalbyn Deferred Urban Development Plan Amendment - Statement of
Intent ......................................................................................................................... 7
9.2 Fleurieu Peninsula Tourism - Funding Agreement 2019-22 ...................................... 7
9.3 Regional Development Australia - Adelaide Hills, Fleurieu and Kangaroo
Island - Funding Agreement Extension...................................................................... 8
10. WELLBEING - REPORTS FOR COUNCIL DECISION ....................................................... 8
10.1 Dog Registration Fees 2019-21................................................................................. 8
10.2 Fenchurch Street Goolwa - Odour Problem .............................................................. 9
11. RESOURCES - REPORTS FOR COUNCIL DECISION ...................................................... 9
11.1 Audit Committee Minutes 29 April 2019 .................................................................... 9
11.2 Draft Annual Business Plan and Budget 2019-20 ................................................... 10
11.3 Adelaide Hills Region Waste Management Authority (AHRWMA) Draft
Annual Business Plan and Budget 2019-20 ............................................................ 1011.4 Fleurieu Regional Aquatic Centre Authority (Fraca) 3 Year Business Plan
2019-2022 and Draft 2019-20 Budget ..................................................................... 10
11.5 Fleurieu Regional Waste Authority (FRWA) Draft 2019-20 Budget ......................... 11
11.6 The Quarterly Report - January to March 2019 ....................................................... 12
11.7 Goolwa Wharf Precinct Prudential Report ............................................................... 12
11.8 DA455/263/19 - Port Elliot Bowling Club Balustrade - Land Owners
Consent 12
11.9 DA 455/92/19 - Proposed Verandah Over a Portion of Footpath (Road
Reserve) Adjacent 24 North Terrace Port Elliot ....................................................... 12
11.10 DA 455/73/19 - Parklet at 39 Commercial Road Strathalbyn ................................... 13
12. OFFICE OF THE CHIEF EXECUTIVE OFFICER - REPORTS FOR COUNCIL
DECISION ......................................................................................................................... 13
12.1 Chief Executive Officer's Report .............................................................................. 13
12.2 Community Donation Request- Milang and District Community Association ........... 13
12.3 Southern and Hills Local Government Association - Proposed 2019-20
Budget .................................................................................................................. 13
12.4 Southern Right Whale Nursery Protection Area ...................................................... 14
12.5 Application for Heritage Agreement for Goolwa Dunes ........................................... 14
13 ELECTED MEMBERS’ REPORTS (INCLUDING VERBAL UPDATES) ............................ 15
13.1 Mayor's Report ........................................................................................................ 15
13.2 Elected Members’ Report ........................................................................................ 15
14. CONFIDENTIAL QUESTIONS WITH NOTICE .................................................................. 16
14.1 Questions With Notice Cr Miadment - Redevelopment of The Strathalbyn Senior
Citizens Building (Confidential) 17
15. CONFIDENTIAL NOTICES OF MOTION .......................................................................... 17
15.1 Notice of Motion - Cr Rebbeck - Goolwa Boat Haven Lease Date
(Confidential) ........................................................................................................... 17
16. CONFIDENTIAL REPORTS
16.1 DA455/234/19 and Licence - ANZ ATM Cadell Street Goolwa
(Confidential) ........................................................................................................... 18
16.2 Goolwa Wharf Precinct Recreational Boating Facility Status Update
Regarding Legal Proceedings - May 2019 (Confidential) ........................................ 19
16.3 Barrage Road Marina Request For Expressions of Interest Submissions
(Confidential) ........................................................................................................... 21
16.4 Department for Environment and Water - Goolwa Surf Life Saving Club
Land Tenure (Confidential) ...................................................................................... 22
17. CLOSURE 23Alexandrina Council
MINUTES OF THE ALEXANDRINA COUNCIL MEETING
HELD IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS
"WAL YUNTU WARRIN", GOOLWA
ON MONDAY 20 MAY AT 5:00PM
PRESENT
Mayor Keith Parkes, Councillors Bronwyn Lewis, Karyn Bradford, Craig
Maidment, Mike Farrier, John Carter, Margaret Gardner, James Stewart,
Melissa Rebbeck, Bill Coomans, Michael Scott and Rex Keily
APOLOGIES
Nil
IN ATTENDANCE
Glenn Rappensberg (Chief Executive Officer), Anne Liddell (Group Manager
Leadership), Simon Grenfell (General Manager Environment), Kathy Hayter
(General Manager Wellbeing), Mark van der Pennen (General Manager
Growth), Elizabeth Williams (General Manager Resources) and Sarah
Nankivell (Governance Administration Officer).
GALLERY
MP, Member for Finniss, David Basham, eight members of staff, 60 members
of the public and a representative from the Victor Harbor Times.
LOCAL GOVERNMENT PRAYER
Almighty God, we humbly beseech thee to grant thy blessing upon the works
of this Council, guide us in our deliberations for the advancement and the
true welfare of the people of the district.
ACKNOWLEDGMENT OF TRADITIONAL OWNERS
The Alexandrina Council and its communities acknowledge the Ngarrindjeri
people as the traditional custodians of the lands and waters of our Council
district.
Alexandrina Council
Council Minutes Page 4 of 23
Monday 20 May 2019Alexandrina Council
CONFLICT OF INTEREST
Elected Members are reminded of the requirements for disclosure by Members of
any conflict of interest in items listed for consideration on the Agenda.
Section 74 of the Local Government Act 1999 requires that Elected Members
declare any interest and provide full and accurate details of the relevant interest to
the Council prior to consideration of that item on the Agenda.
Each Member of a Council has a duty to vote at all meetings unless excepted by
legislation.
The major exception being where a Member has a conflict of interest.
1. CONFIRMATION OF MINUTES
ACM19111 Moved Cr Keily seconded Cr Farrier
That the Minutes of the Alexandrina Council meeting held on Monday 15 April
2019, as circulated to members, be received as a true and correct record,
amending the spelling of 'Strathalbyn' in Item 10.4.
CARRIED UNANIMOUSLY
Amend the spelling of Strathalbyn in Item 10.4
The meeting moved to Item 7 Deputations/Presentations at 5.04pm
2. ADJOURNED DEBATE
ACM19112 Moved Cr Coomans seconded Cr Maidment:
That the update be received.
CARRIED UNANIMOUSLY
3. QUESTIONS WITH NOTICE
3.1 Cr Maidment - Redevelopment of The Strathalbyn Senior Citizens Building
Cr Keily declared a perceived conflict of interest as his partner is Chairperson of the
Strath Neighbourhood Centre.
4. QUESTIONS WITHOUT NOTICE
Cr Stewart raised question regarding property 26 New Orleans St.
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
CEO responded that it can be discussed at a briefing, potentially held in
confidence.
Cr Rebbeck asked if a briefing could be arranged for tendering and procurement.
CEO responded that is planned for a future briefing.
5. NOTICES OF MOTION
Nil
6. PETITIONS
6.1 Petition - Excelsior Parade - Mr Bill Galler
ACM19113 Moved Cr Stewart seconded Cr Rebbeck:
That the petition be received and that a further report be brought back to
Council.
CARRIED UNANIMOUSLY
6.2 Petition - Free Green Organic Waste Dumping at Council's Transfer Station
ACM19114 Moved Cr Coomans seconded Cr Stewart:
That the petition be received and a further report be brought back to Council.
CARRIED UNANIMOUSLY
7. DEPUTATIONS/REPRESENTATIONS
7.1 Deputation - South Coast Freight Corridor
Mr Jeff Croser presented at 5.05pm
7.2 Deputation - Middleton and B-Double Trucks
Mr Paul Shinkfield presented at 5.13pm
Meeting returned to Item 3 in the Agenda at 5.19pm
8. ENVIRONMENT - REPORTS FOR COUNCIL DECISION
8.1 South Coast Freight Corridor - Flagstaff Hill/Airport Road Intersection
Upgrade
ACM19115 Moved Cr Scott seconded Cr Keily:
That Council do not support a South Coast Freight Corridor route that
passes through the main street of Middleton.
CARRIED UNANIMOUSLY
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
ACM19116 Moved Cr Lewis seconded Cr Stewart:
That Council note the resolution of 15 April 2019 to advocate for a bypass
around Middleton from the intersection of Airport Road and Flagstaff Hill
Road to Waterport Road to build on the South Coast Freight Corridor,
thereby supporting regional economic development as well as safety around
a key coastal town.
That the full plan of the bypass has sufficient research behind it to ensure
that our villages are not impacted.
CARRIED UNANIMOUSLY
8.2 Strathalbyn Community Swimming Pool - 2019/20 Season
ACM19117 Moved Cr Keily seconded Cr Gardner:
That Council endorse the 2019/20 Strathalbyn Community Swimming Pool
season fees and charges.
CARRIED UNANIMOUSLY
9. GROWTH - REPORTS FOR COUNCIL DECISION
9.1 Strathalbyn Deferred Urban Development Plan Amendment - Statement of
Intent
ACM19118 Moved Cr Maidment seconded Cr Keily:
That Council receives and adopts the Statement of Intent for the Strathalbyn
Deferred Urban Development Plan Amendment dated May 2019 and forward
the document to the Minister for Planning for consideration.
CARRIED UNANIMOUSLY
9.2 Fleurieu Peninsula Tourism - Funding Agreement 2019-22
ACM19119 Moved Cr Farrier seconded Cr Lewis:
1. That Council commit to renewing the funding agreement between
Alexandrina Council, City of Onkaparinga, City of Victor Harbor,
District Council of Yankalilla and Fleurieu Peninsula Tourism
Incorporated for a one year period commencing on 15 July 2019.
2. That Council allocates an additional $3,000 within the 2019/20 budget
for the purposes of undertaking a review of the Fleurieu Peninsula
Tourism Incorporated, to report back within 6 months subject to the
four partner Councils of Fleurieu Peninsula Tourism resolving the
same way.
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
3. That the Mayor and Chief Executive Officer be authorised to sign
and affix Council’s seal to the 2019 – 2020 Funding Agreement with
Fleurieu Peninsula Tourism Incorporated reflecting
recommendation one above.
CARRIED UNANIMOUSLY
9.3 Regional Development Australia - Adelaide Hills, Fleurieu and Kangaroo
Island - Funding Agreement Extension
ACM19120 Moved Cr Rebbeck seconded Cr Gardner:
1. That the report be received.
2. That Council enters into an agreement to fund Regional
Development Australia - Adelaide Hills, Fleurieu and Kangaroo
Island (RDA AHFKI) for a further three (3) years commencing 1 July
2019 ending 30 June 2022.
3. That Council authorise the Mayor and Chief Executive Officer to
affix the Common Seal to all documentation necessary to give
effect to recommendation 2 of this resolution.
CARRIED UNANIMOUSLY
10. WELLBEING - REPORTS FOR COUNCIL DECISION
10.1 Dog Registration Fees 2019-21
Moved Cr Lewis seconded Cr Farrier:
1. That Council endorse an increase in dog registration fees in line
with annual Local Government Pricing Index for the next two
financial years, 1 July 2019 - 30 June 2021; and that for the same
period Council:
a. Reduce the Standard Dog registration concession from 54% to the
Dog and Cat Management Board's recommended 50%.
b. Maintain the pensioner concession at 75%.
AMENDMENT
Moved Cr Coomans Seconded Cr Keily:
b. Maintain the pensioner concession at 75% and instead distribute
the related cost across non-standard dog categories.
LOST
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
Cr Coomans called for a Division
Voting in the Affirmative
Councillors Coomans, Lewis, Keily
Voting in the Negative
Councillors Scott, Bradford, Stewart, Carter, Maidment, Gardner, Farrier,
Rebbeck
The Amendment to the Motion is declared Lost by the Mayor.
ACM19121 Moved Cr Lewis seconded Cr Farrier:
1. That Council endorse an increase in dog registration fees in line
with annual Local Government Pricing Index for the next financial
year, 1 July 2019 - 30 June 2020; and that for the same period
Council:
a. Reduce the Standard Dog registration concession from 54% to the
Dog and Cat Management Board's recommended 50%.
b. Maintain the pensioner concession at 75%.
CARRIED
10.2 Fenchurch Street Goolwa - Odour Problem
ACM19122 Moved Cr Stewart seconded Cr Gardner:
That Council receives the report and supports the ongoing corrective actions
and commitments.
CARRIED UNANIMOUSLY
The meeting moved to Item 12.4 at 6.45pm
11. RESOURCES - REPORTS FOR COUNCIL DECISION
11.1 Audit Committee Minutes 29 April 2019
ACM19123 Moved Cr Coomans seconded Cr Farrier:
That Council receives the Audit Committee minutes of 29 April 2019.
CARRIED UNANIMOUSLY
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
11.2 Draft Annual Business Plan and Budget 2019-20
ACM19124 Moved Cr Coomans seconded Cr Keily:
That Council commence public consultation on the Draft Annual Business
Plan and Budget 2019-20 and updated Long term Financial Plan as
presented.
CARRIED
Cr Gardner left the chambers at 7.12pm
Cr Gardner returned to the chambers at 7.14pm
Cr Farrier called for a Division
Voting in the Affirmative
Councillors Scott, Bradford, Coomans, Stewart, Keily, Carter, Maidment,
Gardner, Rebbeck
Voting in the Negative
Councillors Lewis, Farrier
The Motion is declared Carried by the Mayor
Cr Scott left the chambers at 7.24pm
11.3 Adelaide Hills Region Waste Management Authority (AHRWMA) Draft Annual
Business Plan and Budget 2019-20
ACM19125 Moved Cr Keily seconded Cr Gardner:
That Council approves the draft Adelaide Hills Region Waste Management
Authority Annual Business Plan and Budget for 2019-20 and updated Long
Term Financial Plan.
CARRIED UNANIMOUSLY
11.4 Fleurieu Regional Aquatic Centre Authority (Fraca) 3 Year Business Plan
2019-2022 and Draft 2019-20 Budget
Cr Lewis declared an actual conflict of interest regarding a private matter with the
FRACA and that she should not be present during discussions regarding the
budget for 2019-20.
Cr Lewis left the chambers at 7.26pm
Cr Scott returned to the chambers at 7.27pm
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
ACM19126 Moved Cr Rebbeck seconded Cr Keily:
1. That Council approves the draft Fleurieu Regional Aquatic
Centre Authority Budget 2019-20.
2. That Council approves the draft Fleurieu Regional Aquatic
Centre Authority 3 Year Business Plan 2019-22 (incorporating
the 2019-20 Authority Business Plan and 2019-20 Fleurieu
Aquatic Centre Business & Marketing Plan).
CARRIED UNANIMOUSLY
Cr Lewis returned to the chamber at 7.30pm
11.5 Fleurieu Regional Waste Authority (FRWA) Draft 2019-20 Budget
Moved Cr Keily seconded Cr Carter:
4. That Council does not endorse the draft Fleurieu Regional Waste
Authority Budget 2019-20 and updated Long Term Financial Plan as
presented but endorses a budget in line with 2018-19 indexed by
CPI and with an additional $225,000 increase attributable to the
impacts of China Sword.
Amendment to Motion
ACM19128 Moved Cr Farrier seconded Cr Gardner:
That Council does not endorse the draft Fleurieu Regional Waste Authority
Budget 2019-20 and updated Long Term Financial Plan as presented but
endorses a budget in line with 2018-19 indexed by CPI and requests alternate
cost saving initiatives be identified by the Board for 2019-20 to reduce the
contribution sought from Council.
CARRIED
Amended Motion
ACM19127 Moved Cr Keily seconded Cr Carter
That Council does not endorse the draft Fleurieu Regional Waste Authority
Budget 2019-20 and updated Long Term Financial Plan as presented but
endorses a budget in line with 2018-19 indexed by CPI and requests alternate
cost saving initiatives be identified by the Board for 2019-20 to reduce the
contribution sought from Council.
CARRIED
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
11.6 The Quarterly Report - January to March 2019
ACM19129 Moved Cr Maidment seconded Cr Gardner:
That the Quarterly Report - January to March 2019 be received.
CARRIED UNANIMOUSLY
11.7 Goolwa Wharf Precinct Prudential Report
Cr Keily left the chambers at 7.38pm
Cr Rebbeck left the chambers at 7.38pm
Cr Coomans left the chambers at 7.38pm
ACM19130 Moved Cr Stewart seconded Cr Farrier:
That Council receives and notes the BRM Holdich Prudential Management
Report for the Goolwa Wharf Precinct.
CARRIED UNANIMOUSLY
Cr Rebbeck returned to the chambers at 7.40pm
11.8 DA455/263/19 - Port Elliot Bowling Club Balustrade - Land Owners Consent
Cr Bradford left the chambers at 7.40pm
ACM19131 Moved Cr Gardner seconded Cr Stewart:
That Council grants consent for the Port Elliot Bowling Club to replace the
existing iron fence along the foreshore section of their lease area located at
Crown Record Volume 5875 Folio 896, Lot 5 The Cutting Port Elliot, with a
glass balastrade, in accordance with and subject to development approval of
455/263/19.
CARRIED UNANIMOUSLY
11.9 DA 455/92/19 - Proposed Verandah Over a Portion of Footpath (Road
Reserve) Adjacent 24 North Terrace Port Elliot
Cr Keily returned to the chambers at 7.41pm
Cr Coomans returned to the chambers at 7.41pm
Cr Bradford returned to the chambers at 7.42pm
ACM19132 Moved Cr Maidment seconded Cr Keily:
That Council grants consent for a verandah to be placed on a portion of the
footpath area adjacent to 24 North Terrace Port Elliot, in accordance with
and subject to development approval of DA 455/92/19.
CARRIED
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
Cr Lewis called a Division
Voting in the Affirmative
Councillors Bradford, Coomans, Stewart, Keily, Carter, Maidment, Gardner,
Farrier, Rebbeck
Voting in the Negative
Councillors Scott, Lewis
The motion is declared Carried by the Mayor.
11.10 DA 455/73/19 - Parklet at 39 Commercial Road Strathalbyn
ACM19133 Moved Cr Maidment seconded Cr Keily:
1. That Council grants consent to proceed to public consultation
on the proposed parklet located on a portion of road adjacent
to 39 Commercial Road Strathalbyn, in accordance with
development application 455/73/19.
2. That a further report be brought back to the next available
Council meeting after close of the public consultation process,
inclusive of any submissions received.
CARRIED
12. OFFICE OF THE CHIEF EXECUTIVE OFFICER - REPORTS FOR COUNCIL
DECISION
12.1 Chief Executive Officer's Report
ACM19134 Moved Cr Gardner seconded Cr Carter:
That the Chief Executive Officer’s Report be received.
CARRIED UNANIMOUSLY
12.2 Community Donation Request- Milang and District Community Association
ACM19135 Moved Cr Gardner seconded Cr Farrier:
1. That Council approve a community donation to Milang and District
Community Association of $3,000 for the vehicle costs involved in
running the Growing Life Connections Program.
CARRIED UNANIMOUSLY
12.3 Southern and Hills Local Government Association - Proposed 2019-20
Budget
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
ACM19136 Moved Cr Rebbeck seconded Cr Maidment:
1. That Council approve the contribution to the Southern and Hills
Local Government Association 2019-20 Annual Budget of
$15,401.43 (ex GST).
2. That Council endorse the Southern and Hills Local Government
Association Draft 2019-20 Annual Budget.
CARRIED UNANIMOUSLY
12.4 Southern Right Whale Nursery Protection Area
ACM19137 Moved Cr Farrier seconded Cr Lewis:
That Council administration write to State Government in support of a
motorised vessel exclusion zone for 1 May – 31 October as consulted (i.e.
with an exception for emergency services only).
CARRIED
Cr Farrier left the chambers at 6.47pm
Cr Farrier returned to the chambers at 6.48pm
Cr Scott called for a Division
Voting in the Affirmative
Councillors Scott, Bradford, Coomans, Lewis, Keily, Maidment, Gardner,
Farrier, Rebbeck
Voting in the Negative
Councillors Stewart, Carter
The motion is declared Carried by the Mayor.
The meeting returned to Item 11.1 of the Agenda at 7.05pm
12.5 Application for Heritage Agreement for Goolwa Dunes
ACM19138 Moved Cr Gardner seconded Cr Rebbeck:
1. That Council endorses an application being made to the Native
Vegetation Council for Heritage Listing over a portion of the
Goolwa Dunes as identified in Attachment 12.5 (a) of this report.
2. That Council endorses the Mayor and Chief Executive to sign and
seal all necessary documents relating to the application for and
execution of the Heritage Agreement for the Goolwa Dunes.
CARRIED UNANIMOUSLY
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
13 ELECTED MEMBERS’ REPORTS (INCLUDING VERBAL UPDATES)
13.1 Mayor's Report
ACM19139 Moved Cr Lewis seconded Cr Maidment:
That the Mayor's report for April 2019 be received.
CARRIED UNANIMOUSLY
13.2 Elected Members’ Report
ACM19140 Moved Cr Keily seconded Cr Carter:
That the Elected Members Report for April 2019 be received.
CARRIED UNANIMOUSLY
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
14. CONFIDENTIAL QUESTIONS WITH NOTICE
14.1 Question With Notice - Cr Maidment - Redevelopment of The Strathalbyn
Senior Citizens Building (Confidential)
ACM19141 Moved Cr Lewis seconded Cr Rebbeck:
Pursuant to section 90(2) of the Local Government Act 1999, the Council
orders that all members of the public be excluded, with the exception of the
Chief Executive Officer, General Managers, Minute Taker and the officer
responsible for the report on the basis that it will receive and consider Item
14.1 titled Cr Maidment – Redevelopment of the Strathalbyn Senior Citizens
Building (Confidential).
The Council is satisfied, pursuant to section 90(3)(b) (i) and (ii) of the Act,
that the information to be received, discussed or considered in relation to
this Agenda Item is information that would disclose section 90(3)(b) (i) and
(ii).
The Council is satisfied that the principle that the meeting should be
conducted in a place open to the public has been outweighed in the
circumstances because of discussion of cost estimates prior to approaching
the market.
CARRIED UNANIMOUSLY
ACM19142 Moved Cr Rebbeck seconded Cr Gardner:
1. That having considered Agenda Item 14.1 titled Cr Maidment –
Redevelopment of the Strathalbyn Senior Citizens Building
(Confidential) in confidence under section 90(2) and (3) (b) (i) and
(ii) of the Local Government Act 1999, the Council, pursuant to
section 91(7) and (9) of the Local Government Act 1999, orders that:
1.1 The minutes, audio recording, report of the Council meeting
held on 20 May 2019 in relation to Agenda Item 14.1 titled Cr
Maidment – Redevelopment of the Strathalbyn Senior Citizens
Building (Confidential) are to remain confidential and will not
be available for public inspection for the period of 12 months
on the basis that disclosure of information would prejudice
approaches to the market.
1.2 That this order be reviewed at least once every 12 months.
2. That pursuant to section 91(9) (c) of the Local Government Act
1999, the Council delegates to the Chief Executive Officer the
power revoke, in whole or in part, the order made in paragraph
1 of this resolution at any time.
CARRIED UNANIMOUSLY
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
15. CONFIDENTIAL NOTICES OF MOTION
15.1 Notice of Motion - Cr Rebbeck - Goolwa Boat Haven Lease Date (Confidential)
ACM19143 Moved Cr Stewart seconded Cr Gardner:
Pursuant Sections 90(2) of the Local Government Act 1999, the Council
orders that all members of the public be excluded, with the exception of
Chief Executive Officer, General Managers, Minute Taker and the officer
responsible for the report, on the basis that it will receive and consider Item
15.1 Notice of Motion – Cr Rebbeck – Goolwa Boat Haven Lease Date
(Confidential).
The Council is satisfied, pursuant to section 90(3)(d) (i) and (ii) of the Act,
that the information to be received, discussed or considered in relation to
this Agenda Item is information that would disclose 90(3)(d) (i) and (ii).
The Council is satisfied that the principle that the meeting should be
conducted in a place open to the public has been outweighed in the
circumstances because of commercial leasing arrangements.
CARRIED UNANIMOUSLY
ACM19145 Moved Cr Rebbeck seconded Cr Stewart:
1. That having considered Agenda Item 15.1 Notice of Motion – Cr
Rebbeck – Goolwa Boat Haven Lease Date (Confidential) in
confidence under section 90(2) and 90(3)(d) (i) and (ii) of the Local
Government Act 1999, the Council, pursuant to section 91(7) and
(9) of the Local Government Act 1999, orders that:
1.1 The minutes, audio recording and report of the Council
meeting held on 20 May 2019 in relation to Agenda Item 15.1
Notice of Motion – Cr Rebbeck – Goolwa Boat Haven Lease
Date (Confidential), are to remain confidential and will not
be available for public inspection for the period of 12
months on the basis that disclosure of information would
reveal commercial leasing arrangements;
1.2 That this order be reviewed at least once every 12 months.
2. That pursuant to section 91(9)(c) of the Local Government Act 1999,
the Council delegates to the Chief Executive Officer the power
revoke, in whole or in part, the order made in paragraph 1 of this
resolution at any time.
CARRIED
Alexandrina Council
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Monday 20 May 2019Alexandrina Council
16. CONFIDENTIAL REPORTS
16.1 DA455/234/19 and Licence - ANZ ATM Cadell Street Goolwa (Confidential)
ACM19146 Moved Cr Gardner seconded Cr Carter:
That pursuant to Sections 90 (2) and (3) (b)(i)(ii) of the Local Government Act
1999, the Council orders that the public be excluded from the meeting with
the exception of the Chief Executive Officer, General Managers, Minute Taker
and the officer responsible for the report, on the basis that the Council
considers it necessary and appropriate to act in a manner closed to the
public in order to receive, discuss and consider information by way of a
report and associated documents in relation to agenda item 16.1 DA
455/234/19 and Licence – ANZ ATM Cadell Street Goolwa (Confidential) and
the Council is satisfied that the meeting should be conducted in a place
open to the public is outweighed in relation to the matter because receiving,
considering and discussing the report and associated documentation
contains/involves:
(b) Information the disclosure of which –
(i) Could reasonably be expected to confer a commercial
advantage on a person with whom the council is
conducting, or proposing to conduct, business, or to
prejudice the commercial position of the council; and
(ii) Would, on balance, be contrary to the public interest;
Substantiation:
Council’s administration is currently negotiating with ANZ to retain an ATM
in the main street of Goolwa. The negotiations include financial matters and
conditions of licence which are not publicly available until arrangements
have been agreed and affected parties consulted.
CARRIED UNANIMOUSLY
Moved Cr Gardner seconded Cr Stewart:
1. That pursuant to Sections 91(7) and (9) of the Local Government
Act 1999 (SA) (Act), the Council orders that the report, minutes,
attachments and associated documents of the Council meeting
held on 20 May 2019 in relation to confidential item number 16.1
and titled DA 455/234/19 and licence - ANZ ATM Cadell Street
Goolwa (Confidential), having been considered and dealt with by
the Council on a confidential basis under Part 3 of the Act, are to be
kept confidential and not available to the public for a period of
twelve months from the date of this confidentiality order, or unless
revoked earlier by the Chief Executive Officer in accordance with
paragraph 2 of this resolution, on the basis that they contain the
following information or matter:
(b) Information the disclosure of which -
Alexandrina Council
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(i) Could reasonably be expected to confer a
commercial advantage on a person with whom the
council is conducting, or proposing to conduct,
business, or to prejudice the commercial position of
the council; and
(ii) Would, on balance, be contrary to the public
interest;
2. That pursuant to section 91(9)(c) of the Act the Council delegates to
the Chief Executive Officer the power to revoke the order made in
paragraph 1 of this resolution at any time.
ACM19147 Moved Cr Gardner seconded Cr Stewart:
1. That pursuant to Sections 91(7) and (9) of the Local Government
Act 1999 (SA) (Act), the Council orders that the report, minutes,
attachments and associated documents of the Council meeting
held on 20 May 2019 in relation to confidential item number 16.1
and titled DA 455/234/19 and licence - ANZ ATM Cadell Street
Goolwa (Confidential), having been considered and dealt with by
the Council on a confidential basis under Part 3 of the Act, are to be
kept confidential and not available to the public for a period of
twelve months from the date of this confidentiality order, or unless
revoked earlier by the Chief Executive Officer in accordance with
paragraph 4 of this resolution, on the basis that they contain the
following information or matter:
(b) Information the disclosure of which -
(i) Could reasonably be expected to confer a
commercial advantage on a person with whom the
council is conducting, or proposing to conduct,
business, or to prejudice the commercial position of
the council; and
(ii) Would, on balance, be contrary to the public
interest;
2. That pursuant to section 91(9)(c) of the Act the Council delegates to
the Chief Executive Officer the power to revoke the order made in
paragraph 1 of this resolution at any time.
CARRIED
16.2 Goolwa Wharf Precinct Recreational Boating Facility Status Update
Regarding Legal Proceedings - May 2019 (Confidential)
ACM19149 Moved Cr Lewis seconded Cr Scott
That pursuant to Sections 90 (2) and (3)(h) of the Local Government Act
1999, the Council orders that the public be excluded from the meeting with
the exception of the Chief Executive Officer, General Managers, Minute Taker
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and the officer responsible for the report, on the basis that the Council
considers it necessary and appropriate to act in a manner closed to the
public in order to receive, discuss and consider information by way of a
report and associated documents in relation to agenda item 16.2 titled
Goolwa Wharf Precinct Recreational Boating Facility – Status Update
Regarding Legal Proceedings – May 2019 (Confidential) and the Council is
satisfied that the meeting should be conducted in a place open to the public
is outweighed in relation to the matter because receiving, considering and
discussing the report and associated documentation contains/involves:
Section 90(3)(h) legal advice
Section 90(3)(i) information relating to actual litigation involving the council
Substantiation:
Council administration has sought legal advice regarding the current status
of legal proceedings for the Goolwa Wharf Precinct Recreational Boating
Facility (Goolwa Pontoons) matter.
CARRIED UNANIMOUSLY
ACM19150 Moved Cr Carter seconded Cr Stewart
1. That pursuant to Sections 91(7) and (9) of the Local Government
Act 1999 (SA) (Act), the Council orders that the report, minutes,
attachments and associated documents of the Council meeting held
on 20 May 2019 in relation to confidential item number 16.2 and
titled Goolwa Wharf Precinct Recreational Boating Facility – Status
Update Regarding Legal Proceedings (Confidential), having been
considered and dealt with by the Council on a confidential basis
under Part 3 of the Act, are to be kept confidential and not available
to the public for a period of twelve months from the date of this
confidentiality order, or unless revoked earlier by the Chief
Executive Officer in accordance with paragraph 2 of this resolution,
on the basis that they contain the following information or matter:
• Section 90(3)(h) legal advice
• Section 90(3)(i) information relating to actual litigation
involving the council
2. That pursuant to section 91(9)(c) of the Act the Council delegates to
the Chief Executive Officer the power to revoke, all or part of, the
order made in paragraph 1 of this resolution at any time.
CARRIED
Alexandrina Council
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16.3 Barrage Road Marina Request For Expressions of Interest Submissions
(Confidential)
ACM19151 Moved Cr Keily seconded Cr Farrier:
That pursuant to Sections 90 (2) and (3) )(b)(i)(ii) of the Local Government
Act 1999, the Council orders that the public be excluded from the meeting
with the exception of the Chief Executive Officer, General Managers, Minute
Taker and the officer responsible for the report, on the basis that the Council
considers it necessary and appropriate to act in a manner closed to the
public in order to receive, discuss and consider information by way of a
report and associated documents in relation to agenda item 16.3 and titled
Barrage Road Marina - Request for Expressions of Interest Submissions
(Confidential) and the Council is satisfied that the meeting should be
conducted in a place open to the public is outweighed in relation to the
matter because receiving, considering and discussing the report and
associated documentation contains/involves:
(b) Information the disclosure of which –
(i) Could reasonably be expected to confer a commercial
advantage on a person with whom the council is
conducting, or proposing to conduct, business, or to
prejudice the commercial position of the council; and
(ii) Would, on balance, be contrary to the public interest;
Substantiation:
Council’s administration has undertaken an extensive Request for
Expressions of Interest process for the operation of the Barrage Road
Marina. The information provided in this report contains financial and
business information that if disclosed, may result in damage to a party's
commercial interests, intellectual property or trade secrets.
CARRIED UNANIMOUSLY
ACM19152 Moved Cr Stewart seconded Cr Carter:
1. That pursuant to Sections 91(7) and (9) of the Local Government
Act 1999 (SA) (Act), the Council orders that the report, minutes,
attachments and associated documents of the Council meeting
held on 20 May 2019 in relation to confidential item number 16.3
and titled Barrage Road Marina, Request for Expressions of Interest
Submissions (Confidential), having been considered and dealt with
by the Council on a confidential basis under Part 3 of the Act, are to
be kept confidential and not available to the public for a period of
twelve months from the date of this confidentiality order, or unless
revoked earlier by the Chief Executive Officer in accordance with
paragraph 2 of this resolution, on the basis that they contain the
following information or matter:
Alexandrina Council
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(b) Information the disclosure of which:
(i) Could reasonably be expected to confer a commercial
advantage on a person with whom the council is
conducting, or proposing to conduct, business, or to
prejudice the commercial position of the council; and
(ii) Would, on balance, be contrary to the public interest;
AND
2. That pursuant to section 91(9)(c) of the Act the Council delegates to
the Chief Executive Officer the power to revoke, all or part of, the
order made in paragraph 1 of this resolution at any time.
CARRIED
16.4 Department for Environment and Water - Goolwa Surf Life Saving Club Land
Tenure (Confidential)
ACM19153 Moved Cr Keily seconded Cr Bradford:
That pursuant to Sections 90 (2) and (3)(b)(i)(ii) of the Local Government Act
1999, the Council orders that the public be excluded from the meeting with
the exception of the Chief Executive Officer, General Managers, Minute Taker
and the officer responsible for the report, on the basis that the Council
considers it necessary and appropriate to act in a manner closed to the
public in order to receive, discuss and consider information by way of a
report and associated documents in relation to agenda item 16.4 and titled
Department for Environment and Water – Goolwa Surf Life Saving Club Land
Tenure (Confidential) and the Council is satisfied that the meeting should be
conducted in a place open to the public is outweighed in relation to the
matter because receiving, considering and discussing the report and
associated documentation contains/involves:
(b) Information the disclosure of which –
(i) Could reasonably be expected to confer a commercial
advantage on a person with whom the council is conducting, or
proposing to conduct, business, or to prejudice the
commercial position of the council; and
(ii) Would, on balance, be contrary to the public interest;
Substantiation:
Council’s administration is currently in discussion with the Department for
Environment and Water for the transfer of the portion of land that represents
the footprint of the Goolwa Surf Life Saving Club and proposed plaza and
café, to Council. It is preferable that detail relating to the land transfer not be
publicly available until firm arrangements have been agreed upon and
executed between Council and Department for Environment and Water.
CARRIED UNANIMOUSLY
Alexandrina Council
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ACM19154 Moved Cr Gardner seconded Cr Keily:
1. That pursuant to Sections 91(7) and (9) of the Local Government
Act 1999 (SA) (Act), the Council orders that the report, minutes,
attachments and associated documents of the Council meeting
held on 20 May 2019 in relation to confidential item number 16.4
and titled Department for Environment and Water – Goolwa Surf
Life Saving Club land Tenure (Confidential), having been
considered and dealt with by the Council on a confidential basis
under Part 3 of the Act, are to be kept confidential and not available
to the public for a period of twelve months from the date of this
confidentiality order, or unless revoked earlier by the Chief
Executive Officer in accordance with paragraph 1 of this resolution,
on the basis that they contain the following information or matter:
(b) Information the disclosure of which –
(i) Could reasonably be expected to confer a
commercial advantage on a person with whom
the council is conducting, or proposing to
conduct, business, or to prejudice the
commercial position of the council; and
(ii) Would, on balance, be contrary to the public
interest;
2. That pursuant to section 91(9)(c) of the Act the Council delegates to
the Chief Executive Officer the power to revoke, in whole or in part,
the order made in paragraph 1 of this resolution at any time.
CARRIED UNANIMOUSLY
17. CLOSURE
The Mayor declared the meeting closed at 8.50pm
MINUTES CONFIRMED ………………………….. DATE………………….
MAYOR K PARKES
Alexandrina Council
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