Committee Agenda Template - portlincoln.sa.gov.au · OPENING PRAYER “Almighty God, We ... May 26...

AGENDA for the

ORDINARY COUNCIL MEETING to be held on

MONDAY 2 JUNE 2014

commencing at 7.30pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

29 May 2014

Dear Member

NOTICE OF MEETING

Notice is hereby given pursuant to the Local Government Act 1999 as amended that a Meeting for the Ordinary Council has been called for:-

DATE: Monday 2 June 2014

TIME: 7.30pm

PLACE: Council Chamber, Level 1 60 Tasman Terrace, Port Lincoln

Please find enclosed a copy of the Agenda for the meeting.

Yours sincerely

Rob Donaldson CHIEF EXECUTIVE OFFICER

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A G E N D A COMMITTEE ORDINARY COUNCIL

MEETING DATE Monday 2 June 2014

LOCATION COUNCIL CHAMBERS, LEVEL 1 60 TASMAN TERRACE, PORT LINCOLN

FILE REF AGEN201424

1. PRESENT

2. OPENING PRAYER

“Almighty God, We humbly ask you to bless the work of this Council, direct and prosper its deliberations to the advancement of your message and the true welfare of the people of this City.”

3. APOLOGIES

4. MINUTES OF THE PREVIOUS MEETINGS

Confirmation of the Minutes of the previous Ordinary Council Meeting held on Monday 19 May 2014.

Recommendation

That the Minutes of the previous Ordinary Council Meeting held Monday 19 May 2014 as per copies supplied to members be adopted as a true and correct record of that meeting.

5. BUSINESS ARISING FROM THE MINUTES

6. PETITIONS AND DEPUTATIONS

7. COMMUNITY QUESTION TIME

A letter or written request outlining topics and queries should be submitted to the Chief Executive Officer at the start/or before the meeting.

8. CONFLICT OF INTEREST DECLARATION

City of Port Lincoln Agenda 2 June 2014


9. MOTION ON THE TABLE

10. ELECTED MEMBERS REPORTS

10.1. Mayoral Report Page 1

10.1.1. Mayor’s Activity Report

10.2. Deputy Mayor’s Report

10.3. Councillors’ Reports

11. NOTICES OF MOTION

Nil

12. QUESTIONS FROM COUNCILLORS

12.1. To Administration Staff on legal procedures and general administrative matters

13. MINUTES AND RECOMMENDATIONS OF COUNCIL COMMITTEES

Nil

14. REPORTS/MINUTES OF COMMUNITY COMMITTEES

Nil

15. REPORTS OF OFFICERS

15.1 Chief Executive Officer Page 2

15.1.1. Correspondence for Information – Native Vegetation Act Significant Environmental Benefit Review

ATTACHMENT N20141146

15.1.2. Correspondence for Information – RDA, LGA & EPNRM Workshop Summary

ATTACHMENT I20144541

15.1.3. Correspondence for Information – The South Australian Distribution Network: Directions and Priorities 2015-2020

ATTACHMENT N20141172



15.2. Manager Community Infrastructure – Ordinary Report Page 19

15.2.1. Port Lincoln Tennis Association Lease

Recommendation

That pursuant to Local Government Act, 1999 Section 202 and the City of Port Lincoln Community Management Plan No. 1 and Policy 2.63.1, Council seek public comment on the proposal by the Port Lincoln Tennis Association Inc. to enter into a ten (10) year lease deed, commencing 1st July 2014, with a ten year right of renewal, for community land comprised in Certificates of Title Volume 6016 Folio 256 in Deposit Plan H510600, Hundred of Lincoln, Portion of the piece on Hallett Place, and Volume 6018 Folio 141 in Deposit Plan D77953 (Stevenson Street), and that in the event of no negative submissions being received in relation to the proposal the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the lease deed documentation.

15.2.2. Lower Eyre Baseball League Inc - Request to Alter Clubrooms


Recommendation

That Council’s lessor approval is granted to the Lower Eyre Baseball League to make alterations to the clubrooms to accommodate a canteen facility with an external servery and to enclose the western end of the building, in accordance with the League’s proposal, subject to separately obtaining Development Approval.

16. TABLED PUBLICATIONS AND CIRCULARS

Nil

17. URGENT BUSINESS WITHOUT NOTICE

Nil

18. CONFIDENTIAL MATTERS PURSUANT TO SECTION 90 OF THE LOCAL GOVERNMENT ACT 1999

Recommendation

Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public except, Rob Donaldson - Chief Executive Officer, Katrina Allen - Deputy Chief Executive Officer and Anna Bell – Minute Secretary be excluded from attendance at the meeting for Agenda Item 18.1 External Relations.

The Council is satisfied that, pursuant to section 90(3)(j) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is information the disclosure of which would divulge information provided on a confidential basis by or to: An officer of the Commonwealth Department of Foreign Affairs and Trade, not being an employee of the Council, or a person engaged by the Council.



The information involves sensitive advice from a Commonwealth Government officer in relation to an external relations matter.

In addition, the disclosure of this information would, on balance, be contrary to the public interest. The public interest in public access to the meeting has been balanced against the public interest in the continued non-disclosure of the information. The benefit to the public at large resulting from withholding the information outweighs the benefit to it of disclosure of the information. 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 Council will consider advice and its direction in relation to an external relations matter including sensitive advice from a Commonwealth Government officer.

18.1. External Relations

19. NEXT MEETING

Monday 16 June 2014 at 7.30pm.

20. CLOSURE

Agenda Item 10.1

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R E P O R T Committee ORDINARY COUNCIL

Meeting Date Monday 2 June 2014

Report Author Bruce Green - Mayor

File Ref REP201459

1. HEADING

May 14 SAROC meeting in Whyalla

May 15 Training and Skills Commission dinner with Board

May 16 Meeting with Di Smith re Chinese student exchange

May 16 Meeting with Ron Forster re Marina Cove Tripartite Agreement

May 17 Attended the DK Quarries 50 year Celebration Dinner

May 18 Attended the Community Bank CFS and Volunteer Appreciation Day

May 18 Attended the Community House open day

May 20 Tour of Hospital extension with CEO Rob Donaldson

May 20 Meeting with the Press re power costs at Ravendale Sporing Complex

May 21 Attended the SA Power Networks briefing on Directions and Priorities 2015-2020

May 22 Attended the Biggest Morning Tea organised by Marissa Clark

May 22 Attended the Brand EP launch - WEPRDA

May 26 Attended the EP Natural Resources Management Workshop - Future Directions

May 26 Attended the Lincoln Gardens Flag Raising Reconciliation and Sorry Day

May 26 Meeting with the Press 5CC re business plan consultation

May 27 Met with Peter Slegers - Cowell Clarke accounting firm re Port Lincoln opportunity

Bruce Green MAYOR

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1

Working Together for regional outcomes

Local Governments, Regional Development Australia and the Eyre Peninsula

Natural Resources Management Board

Workshop Summary

This report summarises discussion from the workshop held on 25 March 2014 with representatives of the

Eyre Peninsula Natural Resources Management (NRM) Board, local government and Regional

Development Australia Whyalla and Eyre Peninsula Region (RDA).

In total 32 people attended the workshop. All but one of the constituent Councils of the Eyre Peninsula

NRM region were represented at the workshop. Representatives from the RDA and the NRM Board also

attended. A list of attendees is provided in Attachment A.

1.0 Aim of the workshop

The NRM Board has recently commenced the process of reviewing its Regional NRM Plan. The NRM

Board considers local government and the RDA as key stakeholders in this process and understands the

important contribution local government and the RDA can make in helping to delivering NRM

outcomes for the region.

The primary aim of the workshop therefore was to involve local government and the RDA early in the

review process of the Regional NRM Plan, with discussion particularly focusing on understanding how

these organisations currently contribute to NRM in the Region and identify opportunities for local

government, RDA and NRM to work together in the future.

2.0 Workshop process

The workshop was designed to be highly participatory and combined small group discussions with

facilitated whole group discussions. These discussions focussed on:

Generating a common understanding about NRM

Understanding how local government and the RDA contribute to NRM in the region currently

Understanding the opportunities for and barriers to local government and RDA involvement in

NRM

Identifying what and where is valued on the Eyre Peninsula and how these values may be

impacted in the future

As a final activity, an overview of the Board’s Business Plan was presented. This presentation was

followed by facilitated discussion that aimed to clarify:

Local government and the RDA’s immediate priorities for the next year in relation to NRM

Opportunities for NRM, local government and the RDA to work together

Input gathered at the workshop is summarised below.

3.0 Summary of workshop discussion

Generating a common understanding about NRM

In small groups, participants were provided with a range of images and were asked to select one

which represented NRM to them. Each participant then explained to the rest of their group why they

had selected the image. Based on this process, each small group then identified five key words or

phrases to complete the sentence “NRM is about...” and reported back to the whole group.

From this discussion, the following key themes were identified.

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2

NRM is about...

Finding a balance

Discussion highlighted that NRM is about balancing a range of social, economic and

environmental factors. This included managing the interface between different and

sometimes competing land uses and ensuring that natural resources are available for future

generations.

Sustainable use/development

Discussion also highlighted that NRM is about the sustainable management of natural resources

and managing the interaction and integration of development with natural resources. It was

identified that there is often a common misconception that NRM is about preventing

development.

People

People and communities were recognised as being at the heart of NRM. Discussion

highlighted the importance of educating and engaging communities, working together and

actively involving people in looking after what is important to them. Through involvement of

people collective responsibility for NRM can be engendered and ownership of ideas and

actions generated.

Future generations

NRM is about ensuring that natural resources are available for future generations.

Food production

The importance of NRM to food production in the region was identified and the connection

made between well managed natural resources and ongoing productivity of the land.

Water

The availability of water in terms of quantity and quality was identified. It was recognised that

without water the region would not be a productive and vibrant place.

Innovation

NRM is about embracing innovation and looking for new opportunities that will enable the

region to adapt as conditions change and ensure good NRM outcomes. Examples given

included using new technology to develop alternative energy sources such as renewable

energy generation, vertical gardens on buildings and harvesting and reuse of water.

Undertaking research and development to ensure that NRM keeps up with new information

and continuously improves was also identified.

Creating an appreciation of how local government and RDA contribute to NRM in the region

The aim of this session was to identify what local government and the RDA are already doing in relation

to NRM. Each participant recorded what their organisation was already doing in relation NRM on post-

it notes. Using the affinity diagram process, the comments were then arranged according to their

‘affinity’; that is, grouped by common theme or idea.

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3

Local government and the RDA are currently contributing to NRM in the following ways:

Legislation and policy

protection of native vegetation

minimising the impacts of development/land uses on others/managing interfaces between

land uses

dog and cat management

dust mitigation during the construction of new developments

development assessment including identification of conditions of Development Approval

preparation and review of Development Plan policy with objective of delivering on community

aspirations (balance)

Collection of levies

council rates

collection of NRM levy funds to pass onto NRM boards

to fund projects

Coastal management

coastal protection works

control/manage access to the coast

foreshore works

Surface and groundwater management

drainage studies and works

stormwater harvesting and management

erosion control works

Water sensitive urban design (WSUD)

stormwater planning and management

managing urban stormwater quality

development and maintenance of wetlands

CWMS schemes

recognising water protection zones in Development Plans

Open space

design, provision and maintenance of recreation areas

build and maintain pedestrian and cycle paths

Weed/pest control and revegetation

bushfire prevention works

landscaping with local species

plant and maintain street trees

habitat construction

Solar

promotion of solar power

solar panels on public buildings

Engagement

education and collaboration

consultation and facilitating discussion and enabling conversation

8

4

aligning political views

supporting local farming communities e.g. farmers’ markets

community development, community events and workshops

Innovation

research and development

resource monitoring

supporting data and gathering evidence

developing business case

Waste and recycling

sustainable office operations

waste water reuse and management

rubbish collection

Following on from the creation of the ‘affinity diagram’, the group was asked to consider what else

local government and RDA could be doing in relation to NRM, and any barriers and opportunities that

may exist.

Key opportunities/barriers identified included:

NRM, local government and RDA to work together and develop a regional framework. This

regional framework should identify agreed principles for the Eyre Peninsula that balances

objectives of NRM, local government and RDA

Improve the alignment between RDA, NRM and local government activities to achieve

regional objectives and avoid planning in isolation

Improve the appreciation of what each others’ organisation is about and consider how to help

each other. For example, NRM needs to understand how it can assist local government and

RDA and vice versa. At the same time each organisation needs to be aware of the

limitations/constraints each are working under

Improve awareness of existing relationships/collaborations between RDA, NRM and local

government by promoting projects where work together. This includes promoting the benefits

of a collaborative approach

Improve public appreciation for NRM and how the NRM levy is “spent”. There is a need for

NRM to better communicate how the levy is used to achieve NRM outcomes and demonstrate

the benefits of the levy to counter “negativity”

Undertake monitoring and evaluation to collect information that can then be used to

communicate to the community what NRM is doing/achieving

Use innovative communication/engagement techniques to involve community in projects e.g.

social media

Consider how to replace programs such as Landcare which were highly successful at

generating a sense of ownership and action by community members

9

5

Understanding what is valued on the Eyre Peninsula

In small groups, participants were asked to identify on large maps of the region what they valued and

why. The information recorded during this discussion will be used in preparing the new regional NRM

Plan.

Following the mapping activity, participants discussed how those things that they value might be

affected in the future and what actions could be taken to address these impacts.

What might affect the things that are valued?

A range of threats/drivers/influencers were identified by participants that might affect the things that

are valued in the region including:

Population increase

Centralisation of services and decision making taken out of region

Climate change including extreme events such as bushfire, sea level rise, hotter temperatures

etc

Availability of funding

Aging population (and impact on volunteering and community participation)

Regulation, “red tape”, compliance

Politics

Mining development

Pest plants and animals

Inappropriate development

Lack of knowledge

Ageing infrastructure (e.g. wharfs, rail, water etc)

Lack of water security, particularly potable water

Increased tourism

Reduced community capacity

Closure of industry

Global financial impacts on local economy e.g. iron ore prices

Lack of support services and structures

Cost of utilities

Changes in size of farms i.e. need to be bigger to be viable, impacts on community fabric

What actions could we take and what are our priorities

A comprehensive list of actions was generated by each group, with key priorities identified for the

region as follows:

Decentralise decision making in the region. There is a need for a regional focus, with NRM,

local government and RDA working together towards a shared vision. This could be achieved

through the development of a regional statement prepared jointly by NRM, local government

and RDA and each organisation committing to be proactive and “making it happen”

Implement the Eyre Peninsula Climate Change Adaptation Plan that has been developed for

the region. EPICCA was identified as a mechanism for assisting with this.

Water security for the region

Provide better support for primary producers

Consider, evaluate and implement clean, renewable energy options in the region. This

evaluation to include assessment of the viability of such enterprises

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6

Increase targeted monitoring, research and development regarding key factors that are/will

influence the region such as climate change, population change, water and farming practices

Reduce ‘red tape’ to increase community participation and make it easier for community

members to take action

Take a long term view by replacing infrastructure rather than applying ‘band-aid’ measures

Examine funding opportunities and position the region to access them

Educate the community with the view to enhancing engagement and participation levels in

NRM

Make ‘hard’ planning decisions that set the context for protecting our values at the strategic

level. Don’t wait for issues to be resolved through development assessment process which is

more difficult/ unachievable.

Develop a succession planning strategy that ensures the region is equipped to replace

volunteers as they ‘retire’ and recruits/develops new leaders in the region

Vegetation management

Take advantage of the opportunities provided by mining (e.g. employment and funding), while

balancing against other objectives

Discussion of the NRM Business Plan

An overview of the Board’s Business Plan and how it relates to other NRM planning processes was

presented. Discussion then focused on understanding local government and RDA priorities in relation

to NRM over the coming year and opportunities to work together. The priorities and opportunities

identified for NRM, local government and/or RDA to work together are summarised below:

Establish a common regional vision/direction that NRM, local government and RDA are all

committed to. Commitment to a common vision for the region would enable NRM to provide

support/advocacy for local government to make decisions locally rather than having decision

making removed from the local context

Develop a regional roadside vegetation management plan. It was identified that although

landholders are responsible for roadside weed management they are not complying with this

legislative requirement.

Consider opportunities for NRM provided by Significant Environmental Benefit Offsets, in

particular the opportunity for Local government to provide land for the offsets and work

collaboratively with NRM to identify appropriate locations to achieve environmental and

monetary benefits

Work together to manage pests, in particular rabbits in coastal areas

Work together to manage the coast and coastal access through:

o sharing of work in regard to weed management

o the delivery of community education and engagement of conservation volunteers

o facilitation/prevention of access and activities i.e. driving on beach/dunes, camping

o management of coastal erosion caused by sea level rise and storm surge; and

o generating mapping in relation to sea level rise/ storm surge inundation

NRM, RDA and local government to partner to support regional applications for community

recycled/waste water reuse schemes was identified. Collaborating to manage risk and water

quality issues was also suggested

11

7

NRM and local government to work together on bushfire risk management through planning

policy development and vegetation removal

NRM, local government and RDA to share resources and learnings when engaging and

educating the community about common issues/objectives. Need to identify where can work

together to achieve common goals regarding engagement/education

NRM and local government to work together to review/develop policies to improve local

government practices in relation to water affecting activities. This could include development

of Best Practice Operating Procedures (BPOPs) which would reduce ‘red tape’ for local

government

Local government to review council Strategic Management Plans to improve alignment

between NRM, RDA and local government strategic objectives for the region

Establish processes which clearly define roles and responsibilities for community projects driven

by NRM. In particular, NRM to consider ongoing management and maintenance issues to

ensure that responsibility for projects doesn’t fall back on local government where community

groups “drop out” (e.g. Arno Bay boardwalk)

Waste management was listed as a priority area for local government, due to the high cost

involved in recovery, disposal and transport. It was recognised that this may not be an area

that NRM can be particularly active in working with local government

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8

Attachment A – Workshop participants

Name Organisation

Dion Dorward Regional Development Australia - Whyalla and Eyre Peninsula

Bob Ramsay Regional Development Australia - Whyalla and Eyre Peninsula

Eddie Elleway District Council of Franklin Harbour

Terry Barnes District Council of Franklin Harbour

Daryl Cearns District Council of Kimba

Deb Larwood District Council of Kimba

Rob Stephens Streaky Bay District Council

Martin Fawlkner Streaky Bay District Council

John Tilllack Streaky Bay District Council

Ian Bergmann District Council of Ceduna

Geoff Moffatt District Council of Ceduna

Rob Donaldson Port Lincoln City Council

Roger Nield District Council of Cleve

Steve Woolley District Council of Wudinna

Damian Windsor District Council of Tumby Bay

Joanna Marshall Whyalla City Council

Sam Bourne Whyalla City Council

Alex Poulton Whyalla City Council

Julie Low District Council of Lower Eyre Peninsula

Rod Pearson District Council of Lower Eyre Peninsula

Alex Douglas District Council of Lower Eyre Peninsula

Heather Baldock Eyre Peninsula Natural Resources Management Board

Mark Whitfield Eyre Peninsula Natural Resources Management Board

Angela Fawlkner Eyre Peninsula Natural Resources Management Board

Simon Clark Eyre Peninsula Natural Resources Management Board

Helen Lamont Eyre Peninsula Natural Resources Management Board

Diana Laube Eyre Peninsula Natural Resources Management Board

Jodie Reseigh – O’Brien Eyre Peninsula Natural Resources Management Board

Jono Clark Natural Resources Eyre Peninsula

Prabodh Das Natural Resources Eyre Peninsula

Annie Lane Natural Resources Eyre Peninsula

Liam Sibly Natural Resources Eyre Peninsula

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Agenda Item 15.2

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R E P O R T Committee ORDINARY COUNCIL

Meeting Date Monday 2nd June 2014

Report Author Nigel Melzner, Manager Community Infrastructure

File Ref REP201458

1. PORT LINCOLN TENNIS ASSOCIATION LEASE

1.1. Proposal

To undertake community consultation in relation to a new “Recreation and Sporting Facilities Lease Deed” between the City of Port Lincoln and the Port Lincoln Tennis Association Inc. for use of the community land and court facilities at Tennyson Terrace/Hallett Place and Stevenson Street.

1.2. Background Discussion

The current lease between the Port Lincoln City Council and the Port Lincoln Tennis Association Inc. is due to expire on 30th June 2014 and the Club would like to renew its agreement.

The current agreement MCS0270 began on 1st July 2007, for a period of five years, and was extended for a further two year period in 2009, with a new expiry date of 30th June 2014.

On the 1st October 2010 an amendment was made to the original lease deed relinquishing the Nelson Square Tennis Courts from the Port Lincoln Tennis Associations agreement.

On the 25th September 2011 an amendment was made to the original lease deed to include the Stevenson Street Tennis Court facility.

Under the Local Government Act 1999 Section 202 and the City of Port Lincoln Community Management Plan No. 1 and Policy 2.63.1, it is a legislative requirement to seek public comment prior to issuing any lease deed affecting Community Land for a period exceeding 5 years.

1.3. Discussion Detail

The Port Lincoln Tennis Association continues to grow in strength and numbers therefore its long-term viability appears secure. Given the significant amount of money the City of Port Lincoln has invested in upgrading the tennis facilities at both the Hallett Place and Stevenson Street sites, and the Port Lincoln Tennis Association’s substantial contributions towards these projects, it is appropriate to seek public comment on a proposal to into a new lease for a period of ten years, with a right of renewal for a further ten years.

19

City of Port Lincoln 2nd

June 2014


Recommendation

That pursuant to Local Government Act, 1999 Section 202 and the City of Port Lincoln Community Management Plan No. 1 and Policy 2.63.1, Council seek public comment on the proposal by the Port Lincoln Tennis Association Inc. to enter into a ten (10) year lease deed, commencing 1st July 2014, with a ten year right of renewal, for community land comprised in Certificates of Title Volume 6016 Folio 256 in Deposit Plan H510600, Hundred of Lincoln, Portion of the piece on Hallett Place, and Volume 6018 Folio 141 in Deposit Plan D77953 (Stevenson Street), and that in the event of no negative submissions being received in relation to the proposal the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the lease deed documentation.

2. LOWER EYRE BASEBALL LEAGUE INC. REQUEST TO ALTER CLUBROOMS

2.1. Proposal

To consider a request from the Lower Eyre Baseball League Inc. to make alterations of a permanent nature to its clubrooms at Ravendale Oval.

2.2. Background Discussion

The former football change rooms building at the Ravendale Complex was renovated and extended in 2007 to become the new clubrooms for the Lower Eyre Baseball League Inc.

The Lower Eyre Baseball League Inc. entered into a Community Lease Deed DCCS0155 with the City of Port Lincoln on 1st December 2007 for use of this building, the diamond area, backstop and lighting.

On the 1st July 2013 this lease was renewed (Deed20134) for a period of five years.

2.3. Discussion Detail

The Lower Eyre Baseball League Inc. is now seeking to make further alterations to this building to accommodate a canteen facility with external servery, and to enclose the western end of the building.

Under Clause 6.3.1 of the existing lease Deed20134 “The Lessee must not carry out any alterations or additions to the Premises without Councils consent”; and

Under Clause 6.3.2 “The Lessee must provide full details of the proposed alterations and additions to the Council”

The Lower Eyre Baseball League has engaged suitably qualified designers and engineers to ensure that the proposal will not compromise the structural or aesthetic integrity of the building. Having inspected the site, the proposal is considered to be functional for the Lower Eyre Baseball League Inc. and also remaining in keeping with the overall appearance of the building.

20

City of Port Lincoln 2nd

June 2014


While the Lower Eyre Baseball League Inc. has actually asked for funding assistance with this proposal, the first step is to gain Council approval (as landlord) to undertake permanent modifications to the leased facility, then to formally obtain Development Approval under the Development Act.

Once these steps have been completed, the League will be advised of the options available to seek Council’s funding assistance with the proposal.


Recommendation

That Council’s lessor approval is granted to the Lower Eyre Baseball League to make alterations to the clubrooms to accommodate a canteen facility with an external servery and to enclose the western end of the building, in accordance with the League’s proposal, subject to separately obtaining Development Approval.

Nigel Melzner MANAGER COMMUNITY INFRASTRUCTURE

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