COUNCIL MEETING AGENDA

Monday 19 December 2011 7:00pm

Council Chambers

4 Mackay Street, Port Augusta

Civic Centre: 4 Mackay Street

Port Augusta South Australia 5700

Postal Address: PO Box 1704

Port Augusta South Australia 5700

Telephone (08) 8641 9100

Facsimile (08) 8641 0357

admin@portaugusta.sa.gov.au

www.portaugusta.sa.gov.au

AR11/26986 19/12/2011

1. WELCOME & OPENING PRAYER

“Almighty God, we humbly beseech thee to grant thy blessing upon the work of this Council. To direct and prosper its deliberations to the advancement of this City. And for the true and lasting welfare of the people of this Municipality. Amen”

2. RECEIPT OF APOLOGIES Crs S Johnson, L Lumsden, B Benbow & F Paynter

3. CONFIRMATION OF PREVIOUS MINUTES

AR11/25740 - Council Meeting 28/11/2011

4. BIRTHS

Lily Davenport (nee D’aloia) Maddison Halls Finn Wake Rhylin Kroemer Amber Carter Jakob Paterson Mila Horvat (nee McLachlan) Peyton Buono Charlee-anne Willis Asher Gilbert (nee Lancaster) Caitlin McGregor Laci Reschke (nee Noll)

5. CONDOLENCES

Ettie King Wendy Talbot Berend de Vries Michelle Harrison Justin Butler Margaret McLauchlan (nee McCourt) Nathan Whitaker

6. MAYOR’S REPORT

6.1 To be tabled at the meeting

7. ELECTED MEMBERS REPORTS Nil

8. QUESTIONS ON NOTICE

Nil 9. QUESTIONS WITHOUT NOTICE 10. NOTICE OF MOTION

10.1 Cr Greagen – Carparking Fulham Road

11. MINUTES OF KEY COMMITTEES/REFERENCE GROUPS

11.1 AR11/26727 - Operations Committee 12/12/2011 11.2 AR11/26148 - Port Augusta Marine Advisory Committee 06/12/2011 11.3 AR11/25730 - Port Augusta Alcohol Management Group 06/12/2011

12. REPORTS

12.4 AR11/26910 - Correspondence Items

AR11/26986 19/12/2011

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13. LEAVE OF ABSENCE 14. CONFIDENTIAL ITEMS

14.1 AR11/26489 Confidential Order – Information Report – Code of Conduct 14.2 AR11/26401 – Information Report – Code of Conduct

15. CLOSE OF MEETING

GREG PERKIN CITY MANAGER

AR11/26986 19/12/2011

ELECTED MEMBERS NOTICE OF MOTION

To be lodged with the CEO at least 5 clear days before the meeting you wish the issue to be raised (Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations 2000)

DATE: 12 November 2011 SUBMITTED BY: Cr Phil Greagen BACKGROUND/HISTORY Currently Fulham Road does not allow for carparking on either side of the roadway. It is line-marked yellow as no parking. The Port Augusta RSL Sub Branch has requested Council to install an indented carparking bay to accommodate 4 to 5 vehicles in front of the their facilities at 15-17 Fulham Road. Refer to the attached letter and plan from the Port Augusta RSL; as well as costings prepared by Council’s Senior Technical Officer.

MOTION PUT FORWARD Council allocates funding from its Special Capital Reserve Fund to create an indented carparking space adjacent the Port Augusta RSL Sub Branch Property at 15-17 Fulham Road, Port Augusta.

Elected Members Signature: Office Use Only Referred to (Director): Director Infrastructure & Environment Meeting/Date to be submitted: Council Meeting – 19 December 2011 Support Report Record No (if applicable)

F11/3561 AR11/26888

F11/3561 AR11/26888

F11/3561 AR11/26888

F11/3561 AR11/26888

AR11/26727 12/12/2011

MINUTES OF OPERATIONS COMMITTEE MEETING HELD ON MONDAY 12 DECENBER 2011

PRESENT Deputy Mayor, Cr P Greagen, Crs K McLean, P Solomon, F Paynter, T Mitchell, B Benbow, P Brown & L Lumsden.

OFFICERS PRESENT

City Manager, Mr G Perkin, Director Corporate Services, Mr M Dunemann, Director Infrastructure & Environment, Mr H Hart, Director City & Cultural Services, Mrs L Heron and Executive Assistant, Ms M Jenkins.

GALLERY/MEDIA PRESENCE

Nil.

ELECTION OF CHAIRPERSON

The City Manager declared the meeting open at 5:30pm and called for nominations for the position of Chairperson of the Operations Committee for the duration of 12 months. Crs Solomon/Mitchell nominated Cr McLean. Cr Greagen nominated Cr Brown. (Cr Brown subsequently withdrew his nomination). Cr McLean accepted the nomination and assumed the chair.

APOLOGIES Crs Greagen/Lumsden that the following apologies be received:

Her Worship the Mayor, Mrs NJ Baluch AM Cr S Johnson Director Community Services, Mrs A O’Reilly CARRIED

QUESTION WITHOUT NOTICE (F10/217)

Cr Greagen – made reference to a meeting held on 21 November 2011 with Aboriginal Davenport Community representatives and asked the City Manager to bring forward a report on matters relative to Davenport Community. (The City Manager advised that he would submit a report to Council in due course).

QUESTION WITHOUT NOTICE (F11/3527)

Cr Paynter – brought forward her QWON raised on 21 November 2011 and asked why Christmas lighting decorations had not been yet displayed on the Civic Centre building. She also raised the lack of Christmas lighting in Commercial Road and music during the recent pageant festivities). (The Director Infrastructure & Environment advised that he will follow up this customer service request for Civic Centre Christmas lighting which had been lodged with Council’s Maintenance Officer. The latter matter will be referred to the Contracts/Events Officer).

The Director Corporate Services left the meeting at 5:36pm. HOMESTEAD PARK – REVOCATION OF COMMUNITY LAND CLASSIFICATION APPLICABLE TO LOT 66 CT 5581/431 (F11/4615)

Crs Greagen/Mitchell that Operations Committee recommends Council: 1. Receives and notes the report (AR11/25537) dated 21 November

2011, submitted by the Director – City & Cultural Services, concerning “Homestead Park – Revocation of Community Land classification applicable to Lot 66 CT 5581/431”.

2. Approves seeking Ministerial approval of the revocation proposal

undertaken in relation to Allotment 66 in CT 5581/431 and known locally as the Homestead Park Pioneer Museum.

CARRIED

AR11/26727 12/12/2011

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PASTORAL HOTEL – EXTENDED TRADING AUTHORISATION – COMBINED CAPACITY AREAS 5 AND 7 (F10/390)

Crs Greagen/Lumsden that Operations Committee recommends Council: 1. Receives and notes the report (AR11/26316) dated 1 December

2011, submitted by the Director City & Cultural Services, concerning “Pastoral Hotel – Extended Trading Authorisation – Combined Capacity Areas 5 and 7”.

2. Supports the use of Area 7 as a seated alfresco area. 3. Supports a total capacity of 40 for Area 7, as per the design

granted development plan consent by Council in July 2011, unless the applicant can provide evidence of being able to adequately cater for 80 seated patrons in this area.

4. Does not support a combined capacity for Areas 5 and 7. 5. Does not support patrons smoking on the road reserve area

adjoining the alfresco area (Area 7) and that patrons should be required to utilise Area 8 (smoking courtyard).

CARRIED POLICY REVIEW – CEMETERY MANAGEMENT 2.15.01 (F10/2084)

Crs Mitchell/Paynter that Operations Committee recommends Council: 1. Receives and notes the report (AR11/26314) dated 1 December

2011, submitted by the Director City & Cultural Services, concerning “Policy Review – Cemetery Management 2.15.01”.

2. Adopts the revised Cemetery Management Policy 2.15.01 as

amended. 3. Updates the policy manual and Council’s website accordingly. CARRIED The meeting was declared closed at 6:10pm.

F11/3620 AR11/26148 06/12/2011

MINUTES OF PORT AUGUSTA MARINE ADVISORY COMMITTEE MEETING HELD ON TUESDAY 6 DECEMBER 2011

Meeting #36

PRESENT Cr Peter Solomon (Chairperson) Robin Sharp (Deputy Chairperson) Peter Huxtable Brett Munns Andy Ireland Peter Molineux (proxy for David Powell) EX-OFFICIO MEMBERS

David Pearce (DEH)

OFFICERS Greg Perkin, City Manager PRESENT Melanie Jenkins, Executive Assistant WELCOME The Chairperson, Cr Solomon declared the meeting open at 7:05pm and

welcomed those present. APOLOGIES Peter Huxtable/Andy Ireland that the following apologies be received: David Powell

Aaron Morgan CARRIED CONFIRMATION OF PREVIOUS MINUTES

Robin Sharp/Peter Huxtable that the Minutes of the previous Meeting (#35 – AR11/26148) held on 04/10/2011 be received. (These Minutes were confirmed by Council on 24/10/2011)

CARRIED BUSINESS ARISING Marine Parks Update David Pearce highlighted the following:

announcement by the new Premier and the Minister for

Sustainability, Environment & Conservation of the postponement of the release of the draft marine park management plans;

more time required to listen and discuss to key stakeholders (conservation groups, recreational & commercial fishers);

work closer with Local Government; Marine Park Local Advisory Group’s contribution will continue to

be a key part of the process; work undertaken to date by the MPLAG’s will continue to be

utilised. Carpenter’s Landing Launching Ramp - Upgrade The Recreational Boating Facilities Fund has requested Council to seek

tenders for the upgrade and to provide a more accurate quote to them to enable further consideration of Council’s funding application. In this regard, Aztec Analysis is currently in the process of preparing specification documentation to enable a tender to be prepared. Cr Solomon advised that he has provided the Director City & Cultural Services with a copy of the cost estimates for the extension of the launching ramp proposed to be undertaken in 2008 by Magryn & Associates Pty Ltd, Consultant Civil, Structural & Coastal Engineering. However these plans were outdated and did not include dredging.

F11/3620 AR11/26148 06/12/2011

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Robin Sharp enquired whether a different range of quotes would be

obtained and was advised by the City Manager that Aztec Analysis are qualified Engineers and have been engaged to undertake this task. Robin Sharp raised on behalf of Aaron Morgan concerns about the lengthy delays for this project and highlighted that now is the time for low tides and the resultant difficulty for boats to launch. Peter Molineux enquired whether any thought had been made about the possible build up of silt/heavy sediment as a result of the proposed dredging. (He made reference to the impact that occurs at the Yacht Club’s launching ramp). Robin Sharp enquired whether Aztec Analysis is coming up to Port Augusta to undertake any tests within the Gulf and to interview relevant parties. The City Manager advised that they had undertaken spear testing in the Gulf and interviewed Council’s Engineering staff. Robin Sharp asked whether Members of the Marine Committee could have input. The City Manager advised that this project is being undertaken by Council on the direction of the Marine Advisory Committee who has reported an urgent need for the launching facility to be upgraded. Once the specification plans and the tender has been finalised it will be referred back to the Recreational Boating Facilities Fund for consideration.

Proposed Mooring Facility The Business Case Analysis is currently being prepared and once

considered by Council’s Management Team will be presented to the next Marine Committee meeting (7 February).

The City Manager advised that this facility is quite an expensive

proposition and that it was not Council’s role to subsidise mooring facilities for private owners. Council has not committed funds to this project. The Business Case Analysis will assist with future decision making. The proposal would need to create a major economic development for the City for Council to invest funds into it.

CORRESPONDENCE ITEMS

Port Augusta Harbour – Swing Moorings

Letter received from Dept of Planning Transport & Infrastructure (AR11/26196) regarding Port Augusta Harbour – Swing Moorings was received.

The information contained within the letter seemed to be confusing as it

states DPTI does not install, licence, manage or maintain moorings; then further states that DTEI receives applications for moorings. ACTION: City Manager seeks further clarification from DPTI in regard to the contents of their letter. Brett Munns raised concern about the duty of care for anchored boats at low water mark. The City Manager confirmed that in this regard, it is Council’s responsibility. General discussion took place about the need for self regulation of owners of moorings being responsible for maintaining and managing their moorings.

F11/3620 AR11/26148 06/12/2011

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Peter Molineux advised that he will raise these matters at the next Yacht

Club Committee Meeting and also place a copy of the letter form DPTI on the Club’s noticeboard. It was suggested that Glen Jones from the Boating Industry Association of SA be invited to attend a Marine Committee meeting to discuss boating management issues.

OTHER BUSINESS NRM Ex-Officio Member on Committee Tim Liebelt has submitted his resignation. The City Manager has written to the Northern and Yorke NRM Board

seeking a nomination of a replacement representative from the Board. Olympic Dam Expansion The Olympic Dam Indenture Bill has been passed by Parliament allowing

BHP Billiton to begin its $1.2 billion initial works on the project. Robin Sharp advised that the Coastal Homes Association have invited

BHP representatives to attend their AGM scheduled for 19 January 2012, to provide an update on the unloading facility. The Local Member for Stuart, Dan van Holst Pellekaan MP has been involved in this invitation and will also be in attendance.

Pontoon Water Access – Paid Meter System Peter Huxtable brought forward this matter.

(Advice previously provided by the Director Infrastructure & Environment is that this is not a project of priority).

NEXT MEETING Tuesday 7 February 2012 @ 7pm. CLOSURE 8:05pm.

F11/3611 AR11/25730 06/12/2011

MINUTES OF PORT AUGUSTA ALCOHOL MANAGEMENT GROUP MEETING

HELD ON TUESDAY 6 DECEMBER 2011

Meeting #35

PRESENT Jo Newell (Manager – Community Harmony) – Chair Cr Phil Greagen (Deputy Mayor) Ian Feltus (SAPOL) Lisa Leonard (Admin – PACC) Tony Edmonds (City Safe) Brenton Williams (PA Prison) Alwyn McKenzie (AARD-DPC) Rick Dadleh (DASSA - Day Centre) Alex Dennis (SA Ambulance) Nancy Brougham (Des’s Cabs) Sunny Singh (Des’s Cabs) Marie Williams (Community Member) APOLOGIES Jo Newell / Phil Greagen moved that the following apologies be

accepted: Stephen Brecht (ICC) Yvonne Barker (ICC) Tiffany Davies (Community Harmony) Lee Heron (PACC) Karyn Reid (Community Member) Eugene Milograd (OLGC) Phil Harrison (Clubs SA) David Watts (DASSA) Tenille French (DASSA) Paul Henrys (DASSA) Mark Davies (AHA) Courtney Dowling (PACC) Rob Singleton (Housing SA) Bruno Carcuro (Housing SA) Chris Kennett (Housing SA) Glenise Coulthard (PAH & RHS) Peter Smith (APOSS) Barry Rossiter (Red Cross) Marika Jackson (CAA) Iris Furtado (CAA) Clare Vandenbergh (Families SA) CARRIED WELCOME The Chairperson Jo Newell declared the meeting open at 10.40am and

welcomed all who were present. Cr Phil Greagen moved that the apologies be noted and accepted. CARRIED

MINUTES FROM PREVIOUS MEETING

Cr Phil Greagen / Jo Newell moved that minutes from previous meeting (11/10/11) be accepted.

CARRIED

F11/3611 AR11/25730 06/12/2011

-2- BUSINESS FROM PREVIOUS MINUTES

Port Augusta Drug & Alcohol Residential Rehabilitation Facility Project

No further update regarding the announcement of the servicer provider for this facility has been received. All previous information indicated that this was to occur by now. NOTE: The group noted that this process has been on-going and the establishment of this facility is critical for the region and require a direct indication on the future direction of this project. ACTION: Ian Feltus suggested that the local member for Stuart, Dan van Holst Pellekaan MP and Fiona Buzzacott of OATSIH be made aware of this situation (by phone and follow up correspondence) so that additional pressure may result in some progress. Responsibility – Jo Newell

Statistical Data Statistical data is required for the period 1 January – 31 December

2011 and is due from respective organisations for presentation in February.

SA Ambulance representative Alex Dennis noted that she would

endeavour to provide statistics available, however it is not likely to include the full year, so will not provide a true indication of all alcohol related call-outs.

Brenton Williams suggested that it would be more convenient for

members to provide a monthly report outlining this information rather than collectively on an annual basis. These figures would be on hand and available for collation each year.

Comments from Marie Williams and Ian Feltus highlighting the

importance of statistical data being supplied, as it is provided to the Liquor Licensing Commission when determining the approval of the ‘Total City Dry Areas.’

NOTE: The group asked that an official request be forwarded for

statistical data to be provided prior to the first meeting in February 2012. Responsibility – Jo/Tiffany - A reminder for the Hospital, SAPOL, Housing SA, SA Ambulance & PASMS data to be sent in by end of January so there is time to generate the over-all report for February meeting.

CORRESPONDENCE Nil GENERAL BUSINESS Secure Taxi Rank (Funding Agreement) Jo Newell advised that Lee Heron (PACC) has received confirmation that

funding for the Secure Taxi Rank has been granted. Port Augusta City Council is currently awaiting confirmation in writing and Lee is arranging for the service to be placed out for public tender.

It is also noted that the Office of Liquor & Gambling has granted

approval for the Taxi Rank to operate from outside the Senior Citizen’s Building in Chapel Street.

Various discussion took place regarding the location; Tony Edmonds

and Ian Feltus reassured the group that there isn't a lot of problems associated with loitering after venue closing times any more.

Noted that correspondence was forwarded to the taxi services

regarding services provided to particular locations within the city and surrounds. Brief discussion took place and noted that these are isolated incidences.

F11/3611 AR11/25730 06/12/2011

-3- Tender – Sobering Up Unit Jo Newell outlined that the Sobering Up Service was placed out for

tender, accessible on the SA Government website. The Substance Misuse Service as the current service provider was not notified about the tender process. NOTE: Tender application has been submitted. The outcome of the tender and successful applicant will not be available until March 2012.

University Research Project Tiffany Davies has formed a project committee to address the specifics

required to cover the ‘Impact of the Dry Zone’ survey. Ian Feltus outlined that the project is in infancy with one meeting taken place, with the group assessing which agency proposal (SANDAS or University SA) is suitable. NOTE: Tiffany to make contact with the project committee in order to further progress the process.

National Binge Drinking Strategy - Funding Opportunities Funding application for the Third Round Grants - National Binge

Drinking Strategy Community Level Initiative has been submitted by Tiffany Davies. The outcome of the application is not expected until early in the new year.

Safe Party Plan Ian Feltus advised that new laws/legislation and processes involved

with allowing minors at parties/in private residences where alcohol is being served, look like being introduced. NOTE: New laws/requirements introduced could be incorporated in the ‘Safe Party Plan’ which Tiffany Davies is preparing.

Liquor Licensing Accord Update & SAPOL Report Provided by Ian Feltus:

The last Liquor Licensing Meeting was held in Port Augusta with 20 – 25 attending from statewide. The meeting highlighted the issue of synthetic drugs appearing in the region including Port Augusta. Noted that these drugs will pose problems within the community and workplaces including the mining industry. These drugs are legal as research is not available. Only eight substances (synthetic drugs) have been banned at this stage. NOTE: Alwyn McKenzie enquired if hospitals are prepared for any effects etc which may be experienced with the use of synthetic drugs. It was stated that due to the fact that the content of the substances and therefore symptoms are unknown, it is unlikely that services will be aware of ‘how to treat’ clients.

Alcohol related statistics – 61% of Generation ‘Y’ go to venues for the

sole purpose of getting intoxicated. Port Augusta ;

Pageant – went well with less incidents/problems than can remember. The benchmark for future events has been set. Licensed Venues – general report – late traders incur more trouble than others. The hotels are reporting back behaviour/sales trends which indicates drug activity. Only two venues require attention regarding regulations etc (one in Port Augusta and one in Coober Pedy).

Representatives on PAAMG Pika Wiya – Now under Community Control. Once the new CEO and

committee have been set, contact will be made to seek a representative on this group. Responsibility - Tiffany. Jo Newell to approach Rachel Schmerl of ACEG to become involved with PAAMG.

F11/3611 AR11/25730 06/12/2011

-4- Dry Zone Housing Alwyn McKenzie enquired about declaring private residences as ‘Dry

Zone’ areas. It was noted that this has not been legislated, however Housing SA have made moves for tenants to declare their properties as Dry Zone areas. NOTE: Tony Edmonds and Jo Newell to discuss the issue with Dawn Matthews at Davenport Community, who has made the enquiry.

NEXT MEETING Tuesday 21st February 2012, 10.30am at Australian Arid Lands

Botanic Garden Meeting Room. Meeting closed at 11.55am.

REPORT FOR: Council MEETING DATE: 19 December 2011 REPORT FROM: City Manager REPORT TITLE: Correspondence Items FILE NAME: F11/3574 RECORD NO: AR11/26910 STRATEGIC PLAN SUB GOAL/S 6.1 A professional effective, efficient & customer focused organisation, responsive to

the needs of the community. PURPOSE To keep Elected Members informed of general correspondence items. RECOMMENDATION Council receives and notes the report (AR11/26910) dated 12 December 2011, submitted by the City Manager concerning “Correspondence Items”. The following items of correspondence are attached for member’s information: 1. Business Port Augusta Focus Flash – November 2011 Update (AR11/26155). 2. Acquittal Report on the Parent Advisory Group Extraordinaire’s Anti Bullying Expo

(AR11/26009) held in Port Augusta on 3 November 2011. 3. Council’s submission on the Cultana Training Area Expansion – Public

Environment Report (AR11/26214). 4. Letter from Maureen Cross on behalf of the Orana Athletes AR11/25468),

thanking Council for their donation their attendance at the Tri-State Games. 5. Letter from Mark Dreyfus QC MP, Cabinet Secretary, Parliamentary Secretary for

Climate Change and Energy Efficiency (AR11/26601), re the Australian Government’s Clean Energy Future Plan and its implications and opportunities for Local Governments.

GREG PERKIN 12/12/2011

CONFIDENTIAL ORDER

REPORT FOR: Council MEETING DATE: 19 December 2011 REPORT FROM: City Manager REPORT TITLE: Confidential Order – Information Report – Code of Conduct FILE NAME: F11/4816 RECORD NO: AR11/26489 STRATEGIC PLAN SUB GOAL/S 6.1 A professional effective, efficient & customer focused organisation, responsive to the needs

of the community. Under the provisions of Section 90 of the Local Government Act 1999, a meeting of a Council or Council Committee must be conducted in a place open to the public, unless: “…. the public be excluded from attendance at a meeting to the extent (and only to the extent) that the council or council committee considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence any information or matter listed in sub-section (3) (of the Act) ….”

Sub-section (3) of Section 90 then lists 13 areas or items for which the Council can issue “an order that the public be excluded from attendance at a portion of the meeting” to enable the matter to be considered in confidence. After the Council has determined the matter in confidence, an order can be issued to retain the confidentiality of the matter for a period of time. RECOMMENDATION Council: 1. Orders (pursuant to the provisions of Section 90(2) of the Local Government Act 1999),

that the public, with the exception of the following Council Staff – City Manager Greg Perkin and Executive Assistant Melanie Jenkins be excluded from attendance at the meeting to discuss report AR11/26401 submitted by the City Manager, concerning “Information Report – Code of Conduct”.

2. Is satisfied that, pursuant to Section 90(3)(a) & (g) of the Act, the information to be

received, discussed or considered in relation to this agenda item:

2.1 is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of the complainant; and

2.2 is information concerning matters that must be considered in confidence in order

to ensure that the Council complies with its Statutory Code of Conduct – Elected Members.

3. Is satisfied that the principle that the meeting be conducted in a place open to the public

has been outweighed in the circumstances as the matter is confidential to the complainant and is required to be kept confidential by Council’s policy.

CONFIDENTIAL ORDER -2-

4. That having considered report AR11/26401 in confidence under Section 90(2) & 3(a) & (g) of the Act, the Council, pursuant to Section 91(7) of the Act orders that the report, discussions and minutes concerning this agenda item, be retained in confidence until the Council decides the outcome following the consideration of the investigation report and reconsiders the on-going confidential status of the matter, and that this order be reviewed every 12 months (if the confidentiality period is longer than 12 months in duration).

GREG PERKIN 05/12/2011