MINUTES ORDINARY COUNCIL MEETING - MONDAY 4 APRIL 2016 at 7.30pm of the held on - City of Port Lincoln
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MINUTES
of the
ORDINARY COUNCIL MEETING
held on
MONDAY 4 APRIL 2016
at 7.30pmMINUTES
COMMITTEE ORDINARY COUNCIL
MEETING DATE Monday 4 April 2016
LOCATION COUNCIL CHAMBERS, LEVEL 1 60 TASMAN TERRACE, PORT LINCOLN
FILE REF MIN201619
1. PRESENT
Deputy Mayor Starke
Councillor Bartlett
Councillor Broadfoot - arrived at 7.33pm
Councillor Davis
Councillor Davies
Councillor Jolley
Councillor Mantle
Councillor Mislov
Councillor Papazoglov
Also in Attendance
Mr Rob Donaldson – Chief Executive Officer
Mr Nigel Melzner – Manager Community Infrastructure
Ms Anna Bell – Minute Secretary
2. OPENING STATEMENT
“The City of Port Lincoln acknowledges and respects the diversity of cultural heritage and beliefs
within our community. As a Council we are committed to serving the best interests and needs of all
people in our city, and we endeavour to discharge our duties conscientiously to the best of our
ability.”
3. APOLOGIES
Mayor Green
4. MINUTES OF THE PREVIOUS MEETING
CO 16/049 Confirmation of the Minutes of the Previous Meeting
Moved: Councillor Davis Seconded: Councillor Bartlett
That the Minutes of the Previous Ordinary Council Meeting held on Monday 21
March 2016 as per copies supplied to members be confirmed as a true and
correct record of that meeting.
CARRIED
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5. BUSINESS ARISING FROM THE MINUTES
5.1. COUNCILLOR BARTLETT – PORT LINCOLN INDOOR AQUATIC FACILITY PROJECT BOARD
CO 16/050 Port Lincoln Indoor Aquatic Facility Project Board – Committee Decisions
Moved: Councillor Broadfoot Seconded: Councillor Bartlett
That Councillors meet in an informal gathering with consultants for the Indoor
Aquatic Facility refurbishment, for discussion and clarification of the capital,
depreciation/replacement and operational cost estimates of the expanded
project scope included in the current NSRF and Recreation and Sport grant
proposals.
CARRIED
6. COMMUNITY PRESENTATIONS, PETITIONS AND DEPUTATIONS
Nil
7. COMMUNITY QUESTION TIME
Nil
8. DISCLOSURE OF INTEREST
This Agenda item is for Members to give consideration of their obligations under the Local
Government Act Sections 73 and 74 as to whether there is an item within this Agenda that may give
rise to a Member forming the view that they have an interest which is to be disclosed and whether it
is an interest that requires that they not take part in the discussion, voting or be present in the
Chambers.
A Member may form the view that they have an interest that requires disclosure under Section 74(1)
and (2), but does not require them to take any further action under Section 74(4) if Section 74(4b)
applies.
A Member may also form the view that they have an association with a matter but not to the extent
that they believe they are required to disclose an interest in an Agenda item matter, and as such
would like their association recorded in the Minutes.
All disclosures are recorded in the Minutes.
The CEO advised that the amendments to the Local Government Act made by the Local Government
(Accountability and Governance) Amendment Act 2015, together with the new regulations setting
out matters for the purposes of the new Conflict of Interest provisions came into effect on 31 March
2016.
The CEO also advised that the recent changes to the Local Government Act 1999 (Chapter 5, Part 1,
Division 2, Section 70 – Inspection of Register) requiring Councils to publish a Register of Interests of
Elected Members on a website determined by the CEO, also came into effect on 31 March 2016.
7.55pm Councillor Mislov left her chair
7.55pm Councillor Mislov returned to her chair
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9. MOTIONS ON THE TABLE
Nil
10. MAYORAL REPORT
10.1. MAYOR’S ACTIVITY REPORT - 17 MARCH – 4 APRIL 2016
11. DEPUTY MAYOR’S REPORT
Nil
12. COUNCILLORS’ REPORTS & NOTICES OF MOTION
12.1. COUNCILLOR MISLOV - CHRISTMAS BANNERS AND DECORATIONS
CO 16/051 Christmas Banners and Decorations
Moved: Councillor Mislov Seconded: Councillor Papazoglov
1. That Council receives a report on possible options and costings for lighting
the CBD, in particular the foreshore, with a focus on the Norfolk Pines for a
trial period between Carols on the Foreshore 2016 until the conclusion of
Tunarama 2017.
2. That the report considers options that may be sustainable, eg solar laser
lights, and that the options may consider some longer term use, for other
events or themes that Council could run, at other times during the year.
CARRIED
12.2. COUNCILLOR MISLOV
Councillor Mislov reported attending the Melanoma March on Sunday 20 March 2016, the
Multi Cultural Awards presentation at Government House on Tuesday 22 March 2016 and
the welcome function for the Ambassador of Croatia, Dr Damir Kusen on Friday 1 April
2016.
12.3. COUNCILLOR PAPAZOGLOV
Councillor Papazoglov reported attending the Chamber of Commerce meeting on
Wednesday 23 March 2016.
12.4. COUNCILLOR BROADFOOT
Councillor Broadfoot reported attending the Mental Illness Fellowship of South Australia
Close the Gap Morning Tea at Port Lincoln Aboriginal Community Council, and the Eyre
Writers Awards Ceremony and Book launch at the Port Lincoln Library, on Wednesday 30
March 2016.
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13. QUESTIONS FROM COUNCILLORS
13.1. COUNCILLOR MISLOV - ADOPT A ROAD PROGRAM – MEETING HELD ON 15 FEBRUARY 2016
Councillor Mislov advised of an “Adopt a Road” program which was in place in other regional
towns around the country, and enquired on the possibility of Council investigating a similar
program for Port Lincoln.
Investigation into program examples has commenced. A report will be provided at a
subsequent meeting.
13.2. COUNCILLOR DAVIS – CAR PARKING SPACES AT THE FOODLAND SITE DEVELOPMENT
Councillor Davis requested further clarification, by way of a plan, on the location of the 59
additional car parking spaces in Napoleon Street and Edinburgh Streets, which make up the
180 total number of approved car parking spaces allocated for the new Investigator Clinic
development currently under construction at the site.
Executive Director Development and Environment response:
A copy of the plan showing the layout of the car parking spaces is unable to be provided due
to copyright laws. The plans can be viewed at the Civic Centre upon request.
The development approval granted is subject to a number of conditions including the
following car parking related conditions:
• One hundred and eighty (180) on-site car parking spaces must be provided and be line
marked, in accordance with the approved plans and Australian Standards AS 2890.1:2004
and 1742.2.2009. The line marking, signposting and directional arrows must be
maintained to a clear and visible standard at all times.
• Free and unrestricted access must be available to both the designated car parking spaces
and the vehicle access ways at all times.
• Directional signs not exceeding 0.5 sqm must be erected at the front of the parking bays
to indicate the location of the doctors parking and staff car parking as nominated on the
approved site plan.
On the approved plans, 62 car parking spaces are located on properties at 56 and 58
Napoleon Street and 39 Edinburgh Street. The remaining 118 car parking spaces are located
on the property bounded by Liverpool, Porter and Napoleon Streets, the site for the
proposed Medical Centre and Office and the site of the existing Pharmacy, Drake Foodland,
Repco and McDonalds. All of the sites previously mentioned form part of the development
approval. An application for the granting of an easement over 56 and 58 Napoleon Street
and 39 Edinburgh Street in favour of the main development site was lodged with the Lands
Titles Office on 9 March 2016.
13.3. COUNCILLOR DAVIES – ABORIGINAL FLAG RAISING CEREMONY
Councillor Davies enquired on the arrangements for raising of the Aboriginal flag on Monday
21 March 2016 on the Nautilus Arts Centre.
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CEO response:
The event was arranged as a simple act to raise both the Australian and Aboriginal flags on
the two new flagpoles on the Nautilus Arts Centre. Mayor Green officiated, with two official
guests representing BP Australia’s Reconciliation Action Plan program, assisted by three
staff. The representatives of BP Australia were grateful for the opportunity to contribute to
the project and participate in the flag raising.
The event was kept simple and practical, consistent with the project approach that was
initiated, lead and delivered by Council, with BP Australia as the sole corporate supporter. A
media release was issued, inviting the community to attend, however, it is acknowledged
that once event timing was confirmed - related to Harmony Day - there was little time for the
media release message to circulate widely.
Councillor Broadfoot reported on recent discussions with members of the Aboriginal
community who had expressed concerns regarding the Australian flag flying on the Civic
Centre flag pole, as well as on the new flag pole on the Nautilus Arts Centre, alongside the
Aboriginal flag. On Behalf of the Aboriginal community, Councillor Broadfoot enquired
whether Council will continue to fly the Australian flag on the Civic Centre building, or
whether an alternative flag ie the SA State flag or the City of Port Lincoln flag could be flown
instead.
CEO took the question on notice.
14. REPORTS FROM COUNCIL COMMITTEES – NON CONFIDENTIAL
Nil
15. CHIEF EXECUTIVE OFFICER
15.1. TRANSFER OR LONG TERM LEASE OF LAND TO MATTHEW FLINDERS HOME INC
Transfer of Long Term Lease of Land to Matthew Flinders Home Inc
Moved: Councillor Davies Seconded: Councillor Davis
1. That the Council owned property located at 34 New West Road, Port
Lincoln being whole of the land comprised in Volume 5541 Folio 800, be
surveyed to adjust the boundary to incorporate Council’s drainage
infrastructure with Council land at 59 Oxford Terrace, Port Lincoln, and
that the remaining land at 34 New West Road be transferred to Matthew
Flinders Home Inc to utilise as a car park and for future building
extensions (subject to all necessary development approvals), and
Matthew Flinders Home Inc meets the costs associated with such
boundary adjustment and transfer.
2. That the transfer of the land from Council to the Matthew Flinders Home
Inc be subject to enabling the return of the value of the land formerly
owned by Council, in the event that the land is sold to a purchaser other
than a not-for-profit organisation.
LOST
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CO 16/052 Transfer of Long Term Lease of Land to Matthew Flinders Home Inc
Moved: Councillor Bartlett Seconded: Councillor Broadfoot
That the Council owned property located at 34 New West Road, Port Lincoln
being whole of the land comprised in Volume 5541 Folio 800, be surveyed to
adjust the boundary to incorporate Council’s drainage infrastructure with Council
land at 59 Oxford Terrace, Port Lincoln, and that the remaining land at 34 New
West Road be transferred to Matthew Flinders Home Inc to utilise as a car park
and for future building extensions (subject to all necessary development
approvals), and Matthew Flinders Home Inc meets the costs associated with such
boundary adjustment and transfer.
CARRIED
15.2. NATIVE TITLE BARNGARLA CLAIM
CEO provided a verbal report in relation to the Barngarla Native Title Claim. Council staff
have been asked to review Crown Land parcels to confirm their purpose and development by
15 April 2016, in order to progress a Settlement Indigenous Land use Agreement for Council
consideration in June 2016.
16. EXECUTIVE DIRECTOR DEVELOPMENT & ENVIRONMENT
Nil
17. MANAGER CORPORATE GOVERNANCE
Nil
18. MANAGER CIVIL OPERATIONS
Nil
19. MANAGER COMMUNITY INFRASTRUCTURE
19.1. PRIVACY FENCE ON COUNCIL RESERVE – MONTEREY DRIVE PROPOSAL
CO 16/053 Privacy Fence on Council Reserve – Monterey Drive Proposal
Moved: Councillor Papazoglov Seconded: Councillor Mantle
1. That in principle support is given, for the purposes of public consultation, to
Port Lincoln Real Estate as Community Corporation Manager of Community
Plan 26126 Inc., 1-3 Monterey Drive Port Lincoln to erect a ‘Good Neighbour’
fence with personal access gate on Council reserve, portion of the land
comprised in Certificate of Title Volume 6029 Folio 165, to the satisfaction of
the Manager Community Infrastructure.
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2. That subject to there being no substantive and unresolved public or other
comment received during the public consultation period, an appropriate 21
year lease be established over the portion of alienated land, and the Mayor
and Chief Executive Officer be authorised to sign and seal the lease
documentation.
CARRIED
19.2. RENEWAL OF LEASE – PORT LINCOLN BAPTIST CHURCH
CO 16/054 Renewal of Lease – Port Lincoln Baptist Church
Moved: Councillor Davies Seconded: Councillor Papazoglov
That pursuant to Policy 2.63.1, Port Lincoln Baptist Church be granted a further
one (1) year lease deed with two (2) one year options to renew, commencing on
23 April 2016 and expiring on 22 April 2019, for use of the Baptist Church and
manse located at 12 Adelaide Place, Port Lincoln and the whole of the land
comprised in Certificate of Title Volume 5848 Folio 892, for the weekly lease fee
of $250.00 + GST per week payable quarterly in advance, with a 10% increase in
years 2 and 3, and that the Mayor and Chief Executive Officer be authorised to
sign and seal the documentation.
CARRIED
20. MANAGER COMMUNITY DEVELOPMENT
20.1. COMMUNITY FUNDING PROGRAM
CO 16/055 Community Funding Program
Moved: Councillor Davies Seconded: Councillor Papazoglov
That Council approves the allocation of funds in the Community Funding
Program for the proposal of the Port Lincoln City Band for the 2016 FAME
Awards, based on the Regional Category criteria set out in Policy 2.63.3, in the
amount of $500.00 plus in-kind support of up to $400 in discounted ticket
handling fee.
CARRIED
20.2. SUMMARY OF APPROVALS
21. SENIOR FINANCE OFFICER
Nil
22. TABLED PUBLICATIONS AND CIRCULARS
Nil
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23. URGENT BUSINESS WITHOUT NOTICE
Nil
24. CONFIDENTIAL MATTERS PURSUANT TO SECTION 90 OF THE LOCAL GOVERNMENT ACT 1999
Mr Nigel Melzner, Manager Community Infrastructure, members of the media and public gallery, left
the meeting at 8.44pm.
Mr Rob Donaldson, having disclosed a personal interest in Items 24.1 Chair of CEO Review
Committee Report – CEO Performance Review 2014-2015 and 24.2 Chair of CEO Review Committee
Report – CEO Remuneration Review, due to his current position as the Chief Executive Officer of the
City of Port Lincoln, left the meeting at 8.44pm.
CO 16/056 Confidential Order – CEO Performance Review 2014-2015
Moved: Councillor Davis Seconded: Councillor Broadfoot
That pursuant to section 90(2) of the Local Government Act 1999 the Council
orders that all members of the public, except the Minute Secretary be excluded
from attendance at the meeting for Agenda Item 24.1 - Chair of CEO Review
Committee Report - Chief Executive Officer Performance Review 2014-2015.
The Council is satisfied that, pursuant to section 90(3)(a) of the Act, the
information to be received, discussed or considered in relation to these Agenda
Items is information the disclosure of which would involve the unreasonable
disclosure of information concerning the personal affairs of the Chief Executive
Officer, in that details of his performance criteria and review report will be
discussed, which are sensitive and are details only known to those who have
participated in the review preparation process.
The Council is satisfied that the principle that the meeting be conducted in a
place open to the public has been outweighed in the circumstances because
details of the Chief Executive Officer’s performance review are his personal
affairs until such time as his contract of employment with the City of Port Lincoln
is concluded.
CARRIED
24.1. CHAIR OF CEO REVIEW COMMITTEE REPORT – CHIEF EXECUTIVE OFFICER PERFORMANCE
REVIEW 2014-2015
CO 16/058 Confidential Order to Remain – CEO Performance Review 2014-2015
Moved: Councillor Broadfoot Seconded: Councillor Jolley
That having considered Agenda Item 24.1 Chair of CEO Review Committee
Report - Chief Executive Officer Performance Review 2014-2015 in confidence
under section 90(2) and (3)(a) of the Local Government Act 1999, the Council,
pursuant to section 91(7) of that Act orders that the attached document
provided by McArthur relating to the Chief Executive Officer’s Performance
Review Final Report, Agenda Item 24.1, be retained in confidence until such time
as Mr Rob Donaldson’s contract as the Chief Executive Officer is concluded.
CARRIED
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CO 16/059 Confidential Order – CEO Remuneration Review
Moved: Councillor Davis Seconded: Councillor Broadfoot
That pursuant to section 90(2) of the Local Government Act 1999 the Council
orders that all members of the public, except the Minute Secretary be excluded
from attendance at the meeting for Agenda Item 24.2 - Chair of CEO Review
Committee Report - Chief Executive Officer Remuneration Review.
The Council is satisfied that, pursuant to section 90(3)(a) of the Act, the
information to be received, discussed or considered in relation to these Agenda
Items is information the disclosure of which would involve the unreasonable
disclosure of information concerning the personal affairs of the Chief Executive
Officer, in that details of his possible remuneration will be discussed, which are
sensitive and are details only known to those who have participated in the
review preparation process.
The Council is satisfied that the principle that the meeting be conducted in a
place open to the public has been outweighed in the circumstances because
details of the Chief Executive Officer’s Remuneration Review are his personal
affairs until such time as he has been informed of and accepted the review
outcomes.
CARRIED
24.2. CHAIR OF CEO REVIEW COMMITTEE REPORT – CHIEF EXECUTIVE OFFICER REMUNERATION
REVIEW
CO 16/061 Confidential Order to Remain – CEO Remuneration Review
Moved: Councillor Davis Seconded: Councillor Jolley
That having considered Agenda Item 24.2 Chair of CEO Review Committee
Report - Chief Executive Officer Remuneration Review in confidence under
section 90(2) and (3)(a) of the Local Government Act 1999, the Council, pursuant
to section 91(8) of that Act orders that the Report and Minutes in relation to the
Chief Executive Officer’s remuneration relevant to Agenda Item 24.2 be retained
in confidence until Mr Rob Donaldson has accepted the remuneration and
conditions of service for the following twelve month period as Chief Executive
Officer.
CARRIED
25. MINUTES AND RECOMMENDATIONS OF COUNCIL COMMITTEES – IN CONFIDENCE
Nil
26. NEXT MEETING
Monday 18 April 2016 at 7.30pm
27. CLOSURE
There being no further business, the meeting was declared closed at 8.56pm
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