Minutes of meeting of the District Council of Cleve held at the

Cleve Council Chambers, Cleve on Wednesday 12 August 2009commencing at 9.30am.

1.PRESENT

CouncillorsAJ Edwards (Mayor), BR Millard,DJ Foxwell, GA Elleway, GM Siviour, JK Jones, Chief Executive Officer AC Siviour,Manager Corporate Services PJ Arnold,Manager Continuous Improvement EK Harvey and Works Manager AW Brinkman.

2.APOLOGIES

Councillors RE Nield (Deputy Mayor) and DS Hauschild

3.MOTION OF CONDOLENCE

Moved Crs Siviour/Elleway that Council acknowledges the following recently deceased persons and formally record a motion of sympathy and condolence to the families;

-Jason David Gray

CARRIED

4.CONFIRMATION OF MINUTES

4.1Confirmation of Minutes of Ordinary meeting 8 July 2009

Minutes of the Ordinary Meeting held 8 July 2009 were confirmed on

the motion of Crs Siviour/Millard. CARRIED

5.BUSINESS ARISING

Nil.

6.MAYORS REPORT

-Regional Development Australia – meeting with Rob Kerin 9 July 2009

-Opening Arno Bay Toilet Block, Stage 2 Boardwalk, Heritage Precinct 28 July 2009

-Tourism Action Group 28 July 2009

-Cleve & District Future Direction Group 4 August 2009

7.ELECTED MEMBERS REPORTS

Cr Jones

-Opening Arno Bay Toilet Block, Stage 2 Boardwalk, Heritage Precinct opening

-Tourism Action Group

Cr Hauschild

Nil.

Cr Siviour

-Health Advisory Committee

Cr Millard

-Arno Bay Toilet Block, Stage 2 Boardwalk, Heritage Precinct opening

-Sims Farm Operational Advisory Committee

Cr Foxwell

Nil.

Cr Nield

Provided a written report on an information session attended in Port Lincoln with officers from the Department of Planning and Local Government in relation to the implementation of the Eyre Peninsula Coastal Development Strategy

Cr Elleway

Nil.

8.QUESTIONS WITHOUT NOTICE

9. QUESTIONS ON NOTICE

10.DEPUTATIONS

11.NOTICE OF MOTION

12.MOTION WITHOUT NOTICE

13.TENDERS

14.SUMMARY OF MONTHLY PAYMENTS

15. CHIEF EXECUTIVE OFFICERS REPORT

The Chief Executive Officers Report was received on the motions of

Crs Siviour/FoxwellCARRIED

15.1Community Grants Scheme

Moved Crs Millard/Elleway that Council nominate Chief Executive Officer, Cr Jones, Cr Siviour & Cr Foxwell to assess and recommend back to Council the successful Community Grants for the 2009-2010 Financial Year. CARRIED

15.2Bendigo Bank – Community Bank

Moved Crs Foxwell/Siviourthat Council authorise the Chief Executive Officer to coordinate a public meeting to gain support for the establishment of a Bendigo Bank – Community Bank in the CouncilDistrict. CARRIED

15.3Cleve Coastal Development Plan Amendment

Moved Crs Siviour/Elleway that Council enlists the support of the Department of Planning and Local Government to provide a more realistic definition of the Coastal Conservation zone to exclude farmland and other inappropriately zoned land which may have been inadvertently included due to inadequate site survey, while still meeting the intent of the Eyre Peninsula Coastal Development Strategy. CARRIED

16.MANAGER CORPORATE SERVICES REPORT

The Manager Corporate Services Report was received on the motion oof Crs Foxwell/Millard. CARRIED

16.1Lot 24, 15 Stubing Street, Cleve

Moved Crs Jones/Foxwell that Council offer to purchase allotment 24, 15 Stubing Street, Cleve for$24,760.96 (the net proceeds from the original sale).

That all costs for the transfer of the land be bourne by the applicant.

That should the applicant accept such an offer, pursuant to Section 38 (1) of the Local Government Act 1999, Council authorise the Mayor and Chief Executive Officer to affix the common seal to the Memorandum of Transfer of 15 Stubing Street, Cleve (CT5960/124) CARRIED

16.2Confidential

16.2.1.Exclusion of Public

Moved Crs Siviour/Foxwell that under the provisions of Section 90 of the Local Government Act 1999 an order be made that the public be excluded from attendance at the meeting with the exception of the Chief Executive Officer, Manager Corporate Services, Manager Continuous Improvement, Works Manager in order to consider in confidence information on the following grounds as prescribed under subsection (3) (a).

(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); CARRIED

16.2.2Confidential

16.2.3Order for document/records to remain confidential

Moved Crs Siviour/Jones that in accordance with the provisions of Section 91 (7) of the Local Government Act 1999, informationbe kept confidential on the grounds contained within sections 90 (3) (a) of the said Act, the duration of this order to be for 12 months.

CARRIED

17.WORKS MANAGERS REPORT

The Works Managers Report was received on the motion of Crs Millard/Jones. CARRIED

17.1Park Lane Lighting

Moved Crs Jones/Millard that Council advise Mr Beinke that after obtaining costings and contacting by letter the affected landowners, that a streetlight along Park Lane in Arno Bay is not required CARRIED

17.2Strategically Important Roads

Moved Crs Siviour/Millard that the Works Manager be authorised to submit the amended District Council of Cleve Strategic Road Priorities list dated 12 August 2009 to the Eyre Peninsula Local Government Association Special Local Roads funding. CARRIED

18.MANAGER CONTINUOUS IMPROVEMENT REPORT

Nil.

19.COMMUNITY SERVICES OFFICERS REPORT

Nil.

20.OCCUPATIONAL HEALTH AND SAFETY REPORT

Nil.

21.REPORTS AND RECOMMENDATIONS OF COMMITTEES

22.INFORMATION ONLY REPORTS

Moved Crs Siviour/Jones that Information Only reports be accepted.

CARRIED

22.1CHIEF EXECUTIVE OFFICER

22.2MANAGER CORPORATE SERVICES

22.3WORKS MANAGER

22.4MANAGER CONTINUOUS IMPROVEMENT

22.4.1Community Survey Results

22.5COMMUNITY SERVICES OFFICER

22.6Lunch Break

Moved Crs Elleway/Siviour that Council adjourn for lunch and reconvene

at 1.45pm.CARRIED

22.7District Council of Cleve Better Development Plan Amendment Report

At this point Council considered representations received following public consultation of the District Council of Cleve Better Development Plan Amendment Report

Council received written 28 representations and the following were heard in person:

-Michael Richardson from MasterPlan on behalf of Arno Waters Pty Ltd

-Michael Richardson from MasterPlan on behalf of Independent Grain Handling Pty Ltd

-John Quirke of Pallidon Consulting on behalf of various land owners

-Jim Wedding – land owner

-Neil Ramsey – land owner

-Phil Wedding – land owner

-Neil Wickstein on behalf of the Arno Bay Progress Association Inc

Meeting resumed at 3.10pm

23.CORRESPONDENCE

Moved Crs Millard/Siviour that Correspondence be accepted.

CARRIED

23.1Local Government Corporate Services – ILE2009594 – advising Council

that they will be calling for tenders for the retail supply of electricity for unmetered (street and traffic) and below 160mWh.

Moved Crs Jones/Foxwell that the Chief Executive Officer, or any person acting in that position, be delegated authority to

-Accept a tender form and enter into a contract with the successful tenderers for the retail supply of unmetered (street and traffic) and below 160mWh electricity

-Advise LGCS of that acceptance within the specified time

-To make, vary and discharge contract

-To sign all relevant documentation in this matter.CARRIED

23.2Local Government Financial Services – ICR2009250 – advising Council of Annual General Meeting and requesting an appointment of a Council representative.

Moved Crs Siviour/Millard that Councilappoint Mayor Allan Edwards as its representative to the Local Government Finance Authority of South Australia Annual General Meeting. CARRIED

23.3Arno Bay Progress Association Inc – ILE2009652 – requesting Council support in obtaining signage from the Department Transport Energy & Infrastructure.

Moved Crs Jones/Ellewaythat Council not support the request by the Arno Bay Progress Association Inc for a give way sign to be installed at the intersection of the Cleve Arno Bay Road and the Lincoln Highway for the same reasons as stated in the reply from Department Transport Energy & Infrastructure. CARRIED

Moved Crs Jones/Siviour that Council contact the Department of Transport and Infrastructure requesting a trucks entering sign on the Lincoln Highway north of the CleveArno Bay Road/Lincoln Highway intersection. CARRIED

23.4AC Masters – ILE2009647 – informing Council of the disrepair of the Balumbah Kinnaird road.

Moved Crs Elleway/Foxwellthat Council advise Adrian Masters that Council’s strategic priority in terms of heavy transport routes is the sealing of the Balumbah Kinnaird Road. CARRIED

23.5T&A Hampel – ILE2009675 – expressing concern that the preferred site for the monument is not a directive from the Rudall Centenary Book Committee.

Moved Crs Foxwell/Millard that following advice from the Rudall Community Sports Club Inc that the Rudall Centenary Book Committee cease to exist from 11 August 2009 and are no longer pursuing a monument to celebrate their centenary, that Council withdraw its support of the construction of the monument site opposite the Rudall silo.

CARRIED

23.6RW Potter – ILE2009675 – regarding Rudall Centenary Book Committee and it’s positioning of the monument.

Refer Item 23.5

23.7Arno Bay District Bowling Club Inc – ILE2009671 - requesting Council consider a reduction of the account of hiring Council’s tipper.

Moved Crs Millard/Foxwell that Council advise the Arno Bay Bowling Club Inc that the hire fee for the truck had already been reduced to cost recovery and are unable to reduce the rate any further. CARRIED

23.8Cleve & Districts Future Directions Group – ILE2009673 – advising Council that they are in agreement for the RSL Hall to be leased out and requesting some recommendations to be considered.

Moved Crs Siviour/Elleway that Council advertise the availability of the RSL Hall & call for expressions of interest from Community Groups.

That applicants be requested to clearly indicate their intended use and proposed times of use so that joint use by two or more groups may be considered. CARRIED

23.9D&C Wheare – ILE2009670 – seeking approval to have driveway access moved to other side of property to assist with construction work to the property.

23.10Cleve School/Community Library Board – advising Council that the term of Council’s representative (Robyn Edwards) has expired and asking Council to nominate a new representative to be considered by the Board at its Annual General Meeting.

23.11Andrew & Associates – ILE2009674 – requesting on behalf of their client Arno Waters in regard to Arno Sands Development that Council defers their effluent augmentation and open space contribution.

Moved Crs Siviour/Jones that this item lay on the table.CARRIED

23.12Rudall Community Sports Club Inc – ILE2009678 – advising Council that at the meeting held 11 August 2009 the Rudall Centenary Book Committee ceased to be a sub committee of the Rudall Community Sports Club Inc.

Refer Item 23.5

23.13ABB Grain Ltd– Darke Peak Toilets draft five year licence for public use of the toilet block land at Darke Peak

Moved Crs Jones/Siviour that Council execute the licence for the public conveniences at Darke Peak.

That the Works Manager be authorised to arrange for minor repairs as required, and liase with local community groups that may be interested in conducting some minor restoration works. CARRIED

24.GENERAL BUSINESS

Moved CrsMillard/Siviour that General Business be received.CARRIED

24.1Eastern Eyre Regional Development Assessment Panel

Moved Crs Foxwell/Millard that Council nominate Cr JK Jones and Andrea Hannemann as its representatives on the Eastern Eyre Regional Development Assessment Panel. CARRIED

25.CLOSE

The Mayor closed the meeting at5.20pm

Confirmed this12th day of August 2009.

………………...... 12/08/09

MAYOR

District Council of Cleve Minutes Ordinary Meeting 12 August 20091