MINUTES OF THE ORDINARY MEETING OF THE DISTRICT COUNCIL OF MALLALA

HELD IN THE MALLALA COUNCIL CHAMBERS, REDBANKS ROAD, ALLALA ONMONDAY25AUGUST2014, COMMENCINGAT7:00 P

I"

ATTENDANCE

DistrictCouncilol' allala

Present

Crs D Kennington (Mayor), P Daniele, J HeIey, Y Howard, S Jones, T Keen, A Picard,B Summerton, M Wasley, S Strudwicke, and Messrs P Sellar(Acting Chief ExecutiveOfficer), Gary Mavrinac (General Manager, Infrastructure and Planning Services), MsCarol Muayk (Strategic Projects Coordinator) and Ms C Kelly (Minute Secretary)

Councillors Apologies

Cr K MCColl

Councillors Absent

Nil

12833

CONFIRMATION OF MINUTES

Moved or Summerton Seconded Or Wasley

"that the minutes of meeting held on Monday 11 August 2014 (MB Folios 12827 to 12832,inclusive), be accepted as read and confirmed. "

3.

3.1

BUSINESS ARISING

Nil

4.

4.1

DECLA TIONOFMEMBERS'INTEREST

Nil

5.

5.1

OPEN FORUM

Nil

6.

6. I

BRIEFINGS

Nil

CARRIED (2014/358)

August 2014

MAYOR'S REPORT

Meetings Attended and 10r Discussions Held (CON121ii99)Information noted

8.

8.1

8.1, I

MINUTESANDIORRECOMMENDATIONS

Economic Development Advisory Committee

Minutes 25 June 2014 (CON12/1099)

8.2

8.2. I

Community Development Advisory CommitteeNo minutes

8.3

8.3, I

Audit Committee

No minutes

8.4

8.4. I

Mallala and Districts Historical Committee

No minutes

8.5

8.5. I

12834

Mallala and Districts Homes Committee

No minutes

9

9. I

9.1. I

UESTIONSWH!CH NOTICE HAS BEEN GIVENQuestions on Notice

Code of Conduct Expenses (CON121537)Information rioted

9.2

9.2. I

Notice of Motion

NO Notice of Motion

10.

10.1

UESTIONSWHICH NOTICE HAS NOT BEEN GIVEN

NO Questions which notice has riot been given and resolved to be minutedMoved or Howard Seconded or Strudwicke

Question on notice from Cr Daniele

25 August 2014

or Daniele requested information on how many codes of conduct have been recordedfrom Councillor to Councillor, and Councillor to staff during the current term of thisCouncil.

or Daniele additionally requested an itemisation on each code of conduct per Councillor.

Answer from Acting Chief Executive Officer advised through the Chair, that a report will beprovided at a future next Council meeting.

II.

11.1

PETITIONS

NO Petitions

12.

12.1

DEPUTATIONS

NO Deputations

13.

13.1

ITEMS FOR NOTINGllNFORMATI NIACTIVITY REPORTS

Items for Information I Noting

13.1. I Finance Report(COM2/491)

Seconded Cr HeIeyMoved Cr Summer10n

"that Council, having considered Item 13.1. I Finance Report dated25 August 2014, recommends to Councilthat it notes and receives the Finance Reportas at 30 June 2014. "

CARRIED (20,41360)

12835

CARRIED (20,41359)

13.2

13.2. I

Activity Reports

Corporate and Community Services Status Report (CON1211199)

Seconded or HeIeyMoved CT Wasley

^hat the Council, having considered Item13.2.1 Coinorate & Community Services StatusReport dated 25 August 2014, recommends to Council that it notes and receives theCorporate and Community Services Status Report. "

CARRIED (20,4136, )

14.

14.1

ITEMS FOR DECISIONS

Delegations Report(CON12/622)

Moved or Summerton Seconded Cr Daniele

25 August 2014

"that in accordance with Section 44(6) of the Local Government Act 1999, the Councilherby revokes its previousdelegations to the ChiefExecutive Officer of those ow dfunctions under the following:. Community Titles Acti996,. Development Act 1993, Development (Development Plans) Amendment Act 2006 &

Development Regulations2008,. Dog & CatManagementActi995,. Environment Protection Act 1993,. Expiatibn of Offences Acti996,, Fences Acti975,. Fire & Emergency Services Act 2005 and

2005,. FoodAct200i,. Freedom of Information Act 1991,. Housing Improvement Actf940,. Land& Business (Sale & Conveyancing) Acti994,. Li^uorLibensingActf997,. Local Government Actf934,

Local Government Actf999,

Natural Resources Management Act 2004, Natural Resources Management(GeneralRegulations 2004 andNaturalResources (Transitional Provisions) Regulations 2004,Roads(Opening&Closing)Actf991, '

. Occupational Health Safety & WeI^re Acti986,South Australian Publ^b Health Act 2011, South Australian Public Health (Le lonella)Regulations 2013, South Antral^^n Public Health (WastewateO Regulatibns 2013,Road Tra^c Act 1961(SA), Road Tra^c (Miscellaneous) Regulations 1999 and RoadTraffic (RoadRules-Ancillary andMiscellaneous Provisions)Regulations 1999; and

. Supported Re^denti^IFacil^ties Act 1992. "

o

.

12836

.

^re & Emergency Services Regulations

.

.

Moved Seconded Cr Wasley

that having conducted its annual review of the Council's Del ationsRegister in accordance with Section 44(6) of the Local Government Act1999, the Council herby revokes its previous delegations to itsDevelopment Assessment Panel under the Development Act 1993,Development(Development Plans) Amendment Act2006and DevelopmentRegulations 2008. "

CARRIED (20,41363)

or Daniele

Moved Seconded or Strudwicke

3.1 "In exercise of the/ power contained in Section 44 of the LocalGovernment Act 1999 the powers and functions under the followin Acts

25 August 2014

or Keen

CARRIED (20,4362)

and specified in the proposed Instruments of Delegation are herebydelegated this 25 day of August 2014 to the person occupying the office ofActing Chief Executive Officer:. Community Titles Act 1996,. Dog & Cat Management Act1995,. Environment Protection Act1993,o Expiation of Offences Act 1996,. Fences Act1975,

Fire & Emergency Services Act 2005 and Fire and Emergency ServicesRegulations 2005 - CEO,

. Fire & Emergency Services Act 2005 and Fire and Emergency ServicesRegulations 2005 - Officers,

. Freedom of Inforrnation Act 1991,

. Housing Improvement Act1940,

. Land & Business (Sale & Conveyancing) Act1994,

. Liquor Licensing Act 1997,

. Local Government Act1934,Local Government Act1999,

. Natural Resources Management Act 2004, Natural ResourcesManagement (General) Regulations 2005 and Natural ResourcesManagement(Transitional Provisions - Levies) Regulations 2005,

. Roads (Opening and Closing) Act 1991,

. Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations1999 and Road Traffic (Road Rules - Ancillary and MiscellaneousProvisions) Regulations 1999,

. Undaimed Goods Act1987,

. Work, Health & Safety Act 2012.

12837

3.2 Such powers and functions may be further delegated by the ActingChief Executive Officer in accordance with Seations 44 and 101 of the

Local Government Act 1999 as the Acting Chief Executive Officer sees fit,unless otherwise indicated in the Schedule of Conditions contained in each

such proposed Instrument of delegation".

Moved or HeIey

4.1 rin exercise of the powers contained in Section 20 and 34(23) of theDevelopment Act 1993, the powers and functions under the DevelopmentAct 1993 and the Development Regulations 2008 are hereby delegated this25 of August 2014 to the person occupying the office of Acting ChiefExecutive Officer, subject to the conditions or limitations indicated in theSchedule of Conditions contained in the proposed Instrument of Delegationunder the Development Actf993. "

4.2 "Such powers and functions may be further delegated by the ActingChief Executive Officer as the Acting Chief Executive Officer sees fit and inaccordance with the relevant legislation unless othenuise indicated in the

Seconded or Daniele

CARRIED (20,41364)

25 August 2014

Schedule of Conditions contained in the proposed Instrument of Delegationunder the Development Act 1993. "

4.3 that Council after considering Item 14.1 Delegations Re o1t, d t d 25August 2014, and pursuant to and in accordance with Section 56A(22) ofthe Development Act 7993, appoints the Acting Chief Executive Officer,the Public Officer Council's Development Assessment Panel. "

CARRIED (20,41365)Moved

5.1 rin exercise of the powers contained in Section 97 of the FoodAct2001, thfunctions under the FoodAot 2001 contained in the proposed Instrument of D I t'hereby delegated this 25 day of August 2014 to the person o00u in th ffActing ChiefExecutive Officer("the head of the enforcement agency"forthe ur fthFoodAct 2000, subject to the conditions or limitations indicated herein or in the Sohed I fConditionscontainedintheproposed Instrument of Dele ation underth F dA ."

orKeen

5.2 "Such powers and functions may be further delegated b the Act' Ch' fOfficer as the Acting Chief Executive Officer sees fit and in Accorda 'th thlegislation unless otherwise indicated in the Schedule of Conditions conta' d 'proposed Instrument of Delegation under the FoodAct 2001"

CARRIED (2014/366)

or Strudwicke called a point of order stating that questions bein asked b C Jriot relevantto the subject matter.

Mayor Kennington accepted the point of order.

Seconded or Wasley

12838

Moved CrKeen Seconded or Summer10n

6.4 "In exercise of the power contained in the SouthAustraffan P bl' H IthA ,South Australian Public Health (Legionella) Regulations 2013 and South Australian P bl"Health (Wastewatei) Regulations 2013 in the proposed Instrument are hereb dele at dthis 25 day of August 2014 to the person occupying the office of Antin Ch' f EOfficer, subject to the conditions or limitations indicated in the Sch d I f C fjcontained in the proposed Instrument of Delegation under the South A t I'Health Act 2011. "

6.2 "Such powers and functions may be further delegated b the Adjn Ch' f EOfficer as the Acting Chief Executive Officer sees fit and in accordanc 'th th Ilegislation unless otherwise indicated in the Schedule of Conditions c t ' d 'proposed Instrument of Delegation. "

CARRIED (2014/367)

Moved CrDaniele Seconded Cr Wasley7.1"That in accordance with the Noticeto the Councildated 27A ri12009 f th ' 'for Transport ("the Minister's Notice"), the Council authortses the followin officer texercise, for, and on behalf of the Council, the power conferred on the Coun I

25 August 2014

the following clauses of the Minister's Notice in relation to the Road TrafficAct 1961:

Clause Art - Acting Chief Executive Officer, General Manager Infrastructure & PlanningServices, Depot Operations Coordinator, Strategic InfrastructureCoordinator, Infrastructure (Construction) Employees;

Clause B. I - Acting Chief Executive Officer, General Manager infrastructure & PlanningServices, Depot Operations Coordinator, Strategic InfrastructureCoordinator, Infrastructure (Construction) Employees,

Clause C. I - Acting Chief Executive Officer, General Manager Infrastructure & PlanningServices, Depot Operations Coordinator, Strategic InfrastructureCoordinator, Infrastructure (Construction) Employees,

Clause D. I - Acting Chief Executive Officer, General Manager Infrastructure & PlanningServices, Depot Operations Coordinator, Strategic InfrastructureCoordinator, Infrastructure (Construction) Employees,

Clause E. I - Acting Chief Executive Officer, General Manager Infrastructure & PlanningServices, Depot Operations Coordinator, Strategic InfrastructureCoordinator; subject to -

(i) the conditions contained in the Minister's Notice; and00 where applicable the conditions contained within the Notice from the

Commissioner of Highways for the Temporary use of Traffic ControlDevices by persons other than Road Authorities" dated 8 April 2002,as amended from time to time;

(11i) any conditions contained in this Resolution or in such instrument; and

(iv) the creation of a separate instrument in writing reflecting suchauthorisations under the Minister's Notice and this Resolution. "

7.2 "The said instrument shall be in substantially the same form as the Proposed instrumentof authorisation. "

7.3 "In exercise of the power contained in, and in accordance with, Clause F. I of the Noticeto the Council dated 27 April 2009 from the Minister for Transport ("the Minister's Notice"),the power contained in Seation 33(I) of the Road Traffic Act 1961 and delegated to theCouncil pursuantto Clause F of the Ministers Notice is hereby sub-delegated to the personoccupying the office of Acting Chief Executive Officer of the Council subjectto:

(i) the conditions contained in the Minister's Notice; and01) any conditions contained in this Resolution or in such instrument; and

(iii) the creation of a separate instrument in writing reflecting such sub-delegation under the Ministers Notice and this Resolution. "

7.4 'The said instrument shall be in substantially the same form as the proposed instrumentof sub-delegation. "

12839

Northern Adelaide irrigation Scheme(CON121473)

\;:~~,

SA Water Memorandum of Understanding

CARRIED (20,41368)

25 August 2014

Seconded Cr Wasley

"that the Council having considered Item 14.2 Northern Adelaide Irrigation Scheme - SAWater - Memorandum of Understand dated 25 August 2014, authorise Actin ChiefExecutive Officer to sign the Memorandum of Understanding with SA Water. "

CARRIED (2014/369)

Open Space Community Land Management Plan - Consultation and Engagement Strate(COM3130)

Seconded or Strudwicke

'^hatthe Council having considered Item 14.3 Open Space Community Land Maria ementPlan - Consultatibn andEngagementStrategy dated 25August20f4 endorse the ro OSedConsultation and Engagement Strategy. "

Moved or Picard

Moved or Daniele

Moved Cr Howard motion to lay on the table Seconded or Keen

CARRIED (2014/370Moved or Strudwicke that the motion be taken off the table Seconded or Summerton

CARRIED (20,41371Moved amendment orWas!ey Seconded Cr Picard

"that the Council having considered Item 14.3 Open Space Community Land Maria ementPlan- Consultation andEngagementStrategydated25August20i4endorsethe pro OSedConsultation and Engagement Strategy, with the amendment of the consultation date withcommunity and sporting groups to commence after 11 October 2014. "

12840

Amendment becomes the motion

Moved amendment CrWasley Seconded or Picard

'that the Council having considered Item 14.3 Open Space Community LandManagement Plan- Consultation andEngagementStrategydated25August20f4endorse the proposed Consultation and Engagement Strategy, with the amendment ofthe consultation date with community and sporting groups to commence after 11 October2014. "

Facilities and Infrastructure Advisory Committee - Terms of Reference (CON1211102)Moved CT HeIey Seconded or Keen

"that the Council, having considered Item 14.4 Facilities and Infrastructure AdvisoCommittee - Terns of Relt^rence dated 25 August 2014, adopt the revised Terms ofReference. "

^- ^ \<-~

CARRIED

CARRIED (2014/372)

CARRIED (20,4373)25August 2014

14.5 Coastal Access Project- Closure of Formal and Informal Vehide Tracks (COM211492)

Moved or Jones Seconded or Wasley

"that the Council, having considered Item 14.5 Coastal Access Pro^Ct - Closure of Formaland Infoimal Vehicle Tracks dated 25 August 2014, receives the report. "

CARRIED (20,41374)

Seconded or KeenCr PicardMoved

"that the Council after receiving the report Item 14.5 Coastal Access Pro^Ct - Closure ofFormal and Informal Vehicle tracks dated 25 August 2014, authorises Acting ChiefExecutive Officer to undertake public notification on the proposal to rip and restoredesignated off road vehicle trails at Webb Beach, Patham, Prot Prime Thornpson Beach andPort Gawler. "

Capital Projects Carried Forward to 2014 12015 Budget(COM^436)

Moved or Keen Seconded or Daniele

"that the Council, having considered Item 14.6 Capital Prqjects Carried Forward to 201412015 Budget dated 25 August 2014, authorises the list of uncompleted Projects to becamed forward from the 2013 12014 BudgetYeart0 2014 12015. "

12841

CARRIED (20,41376)

Memorandum of Understanding Barossa Regional Procurement Group (CON121507)

Seconded or SummertonMoved Cr HeIey

"that the Council, having considered Item 14.7 Memorandum of Understandihg BarossaRegional Procurement Group dated August 2014, authorises the Acting Chief ExecutiveOfficer to sign on behalf of Councilthe Mou - Barossa Regional Procurement Group. "

CARRIED (20,41377)

Coastal Settlements Adaptation Study - Post Consultation (COM21337)

Seconded or HowardMoved Cr Summerton

CARRIED (20,41375)

"that the Council, having considered Item 14.8 Coastal Settlements Adaptation Study -Post Consultation dated 25 August 2014, endorses the Coastal Settlements AdaptationFramework Reports. "

Seconded Or PicardMoved CrDaniele

"that the Council having considered Item 14.8 Coastal Settlements Adaptation Study -Post Consultation dated 25 August 2014 receive the Community Engagement Reports 2

25 August 2014

CARRIED (20,41378)

and 3. "

15.

15.1

URGENT BusiNE s

Nil

16.

16.1

CONFIDENTIALITEMS

Storage of Fertiliser - Proposed Compliance Activity (COM21540)Moved CrStrudwicke Seconded CrKeen

"that Council having considered 16.1 Storage of Fertiliser ~ Pro OSed Coin Ii ,pusuant to Sections 90(2) and 90 (3) (a) of the Local Government Act 1999, Councilorders that the public be excluded from the meeting, with the exception of the ActinChief Executive Officer, General Manager Infrastructure and Plannin Services dMinute Secretary, as the matters pertaining to the Storage of Fertilizer - Pro OSedCompliance Activity, contains information the disclosure of which would involve thunreasonable disclosure of information concerning the personal affairs of an erson(living or dead)."

CARRIED (20,41380)

CARRIED (2014/379)

Moved

12842

Cr Strudwicke

Moved

"that Council having considered 16.1 Storage of Fertiliser- Proposed Compliance,pursuantto Sections 91(7) and (9) of the Local Government Act 1999, Council orders thatthe minutes offhe meeting held on 25 August 2014 in relation to Recommendation 2 ofConfidential Item Number 16.1 and titled 'Storage of Fertilizer- Proposed Coin fianceActivity, ' and the information by way of the subjectreport and associated documents,remain confidential and not available for public inspection untilresolved by Council atwhich time this order is to be reviewed. "

orKeen

Seconded CrWasley

Seconded CrHeley

CARRIED (20,4138, )

CARRIED (2014/382)

25 August 2014

CLOSURE

There being 00 further business, the Mayor declared the meeting closed at 8.43 pin.

Confirmed as a true record,

^\

Date: . If;I, .I, ,

12843

25 August 2014