agenda of ordinary council meeting - 11 july 2018 · 11/07/2018 · tourism awards, held at the...
TRANSCRIPT
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date: Wednesday, 11 July 2018
Time: 5.30pm
Location: Council Chambers
Minlaton Town Hall
57 Main Street
Minlaton
AGENDA
Ordinary Council Meeting
11 July 2018
Andrew Cameron
CHIEF EXECUTIVE OFFICER
COUNCIL MEETING AGENDA 11 JULY 2018
Page 2
CONFLICT OF INTEREST
Members are reminded of the requirements for disclosure by Members of direct or indirect pecuniary benefit or detriment and non-pecuniary benefit or detriment in relation to a material conflict of interest in accordance with Section 73, or an actual or perceived conflict of interest in accordance with Section 75 of the Local Government Act in items listed for consideration on the Agenda. Section 74 and 75A of the Local Government Act 1999 requires that Elected Members declare any interest and provide full and accurate details of the relevant interest to the Council. In relation to actual or perceived conflicts of interest a member has an obligation to outline how they propose to deal with the actual or perceived conflict of interest prior to consideration of that item on the Agenda.
This requirement does not apply to Ordinary Business Matters prescribed by regulation 8AAA Local Government Act (General) (Accountability and Governance) Variation Regulations 2016.
Each Member of a Council has a duty to vote at all meetings unless excepted by legislation.
The major exception being where a Member has a material conflict of interest.
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Agenda
1 Welcome and Acknowledgement of Country by Mayor .................................................... 5
2 Opening Prayer .................................................................................................................... 5
3 Present ................................................................................................................................. 5
4 Leave of Absence ................................................................................................................ 5
5 Apologies ............................................................................................................................. 5
6 Conflict of Interest ............................................................................................................... 5
7 Minutes of Previous Meeting – for Confirmation ............................................................... 5
8 Motions on Notice ................................................................................................................ 5
Nil
9 Questions on Notice ............................................................................................................ 5
Nil
10 Questions without Notice .................................................................................................... 5
11 Petitions ............................................................................................................................... 5
Nil
12 Mayor .................................................................................................................................... 6
12.1 Mayor's Monthly Report June 2018 .......................................................................... 6
12.2 2018 National General Assembly of Local Government ........................................... 7
13 Councillors’ Report .............................................................................................................. 9
13.1 Cr Naomi Bittner - 2018 Yorke Peninsula Tourism Awards....................................... 9
INFORMATION AGENDA ............................................................................................................ 13
14 Items for Exclusion ............................................................................................................ 13
15 Receipt of Information Reports ......................................................................................... 13
16 Chief Executive Officer ...................................................................................................... 14
16.1 CEO Activities - June 2018..................................................................................... 14
16.2 Action Listing Report .............................................................................................. 15
16.3 Yorke Peninsula Tourism Progress Report - May 2018 .......................................... 19
16.4 Hillside Mine Community Voice Minutes ................................................................. 27
16.5 Correspondence from Yorke Peninsula Tourism .................................................... 30
16.6 Letters of Congratulations - Port Vincent Foreshore Caravan Park ........................ 34
16.7 Correspondence from the Caravan Industry Association of Australia ..................... 37
16.8 Response to Question on Notice - Black Point Land Revocation Project ................ 39
17 Corporate and Community Services ................................................................................ 41
17.1 Audit Committee Minutes - 13 June 2018 ............................................................... 41
17.2 Art Exhibition Working Party Minutes - 24 May 2018 .............................................. 48
18 Assets and Infrastructure Services .................................................................................. 52
18.1 Construction and Maintenance Works .................................................................... 52
19 Development Services ....................................................................................................... 57
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19.1 Inspectorial Report ................................................................................................. 57
19.2 Development Application Decisions ....................................................................... 59
19.3 Wastewater System Application Decisions ............................................................. 65
20 Visitors to the Meeting....................................................................................................... 67
DEBATE AGENDA ....................................................................................................................... 69
21 Mayor .................................................................................................................................. 69
Nil
22 Chief Executive Officer ...................................................................................................... 70
22.1 Local Government Road Safety Strategy and Action Plan Working Party ............... 70
22.2 Cr Meyer - Request for Report 14/03/2018 - Contractual Works - North Coast Road ...................................................................................................................... 74
22.3 Supplementary Report to Council report "Formal Adoption of 2018/2019 Budget, Property Valuations and Declaration of Rates and Service Charges", item number 13.2 in the Agenda for the Special Council Meeting dated 27 June 2018 .............................................................................................................. 80
23 Corporate and Community Services ................................................................................ 82
Nil
24 Assets and Infrastructure Services .................................................................................. 83
24.1 Authorisation to Sign Annexure to Grant of Easement ............................................ 83
25 Development Services ....................................................................................................... 92
25.1 Revocation of Community Land Classification - Ardrossan Museum ...................... 92
25.2 Policy Update - Guidelines For Control of Election Signs - For Federal, State and Local Government Elections Referenda and Polls PO044 ............................... 95
25.3 New Lease Agreements - Minlaton Sporting Grounds .......................................... 112
25.4 Draft Animal Management Plan and Community Engagement ............................. 115
26 General Business............................................................................................................. 133
CONFIDENTIAL AGENDA ......................................................................................................... 134
27 Confidential Items ............................................................................................................ 134
27.1 Construction of the Point Turton Natural Playspace and Bike Trail - Lead Contractor Tender 183/2018 ................................................................................ 134
27.2 Bitumen Emulsion Supply 2018-21 Tender 185/2018 ........................................... 135
28 Next Meeting .................................................................................................................... 136
Wednesday 8 August 2018
29 Closure ............................................................................................................................. 136
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WELCOME AND ACKNOWLEDGEMENT OF COUNTRY BY MAYOR
Meeting declared opened
OPENING PRAYER
PRESENT
LEAVE OF ABSENCE
Cr Scott Hoyle
APOLOGIES
Cr Naomi Bittner and Cr Jeff Cook
CONFLICT OF INTEREST
MINUTES OF PREVIOUS MEETING – FOR CONFIRMATION
Ordinary Council Meeting - 13 June 2018
Special Council Meeting - 27 June 2018
MOTIONS ON NOTICE
Nil
QUESTIONS ON NOTICE
Nil
QUESTIONS WITHOUT NOTICE
PETITIONS
Nil
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12 MAYOR
12.1 MAYOR'S MONTHLY REPORT JUNE 2018
Document #: 18/45636
Department: Executive Services
PURPOSE
To keep Elected Members updated on Mayoral activities during the month of June 2018.
RECOMMENDATION
That the report be received.
DISCUSSION
5 June Attended the Naturally Yorke Bio-Fund Celebrations held at the Warooka Town Hall. This event celebrated the contributions and successful project outcomes on the Southern Yorke Peninsula as a result of this funding over the past five years.
6 June Radio Interview on Flow FM promoting local news and events.
7-8 June Attended the South Australian State Regional Development Conference hosted by Regional Development Australia SA branch in Kadina.
13 June Audit Committee Meeting.
Monthly Council Meeting.
17-20 June Attended the Australian Local Government Association’s National General Assembly in Canberra with Councillor Alan Headon, Councillor Darren Braund and CEO Andrew Cameron.
25 June Attended a focus group with other regional Mayors for consultation in relation to the ancillary documents to the Local Government Association’s Constitution, held at Balaklava.
27 June Elected Members Monthly Workshop.
Special Council Meeting.
ATTACHMENTS
Nil
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Item 12.2 Page 7
12.2 2018 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT
Document #: 18/46187
Department: Executive Services
PURPOSE
To provide Elected Members with an overview from the Mayor of the topics discussed at the National General Assembly held in Canberra in June 2018.
RECOMMENDATION
That the report be received.
DISCUSSION
I recently attended the Australian Local Government Association’s 2018 National General Assembly, held 17 - 20 June in Canberra, with Councillor Alan Headon, Councillor Darren Braund and CEO Andrew Cameron. The National General Assembly is the peak annual event for Local Government with over 800 Mayors, Councillors and Chief Executive Officers from all over the nation attending each year. It provides excellent networking possibilities and is a unique opportunity for Local Government to engage directly with the Local Government Sector and Federal Government.
The current President of the Australian Local Government Association (ALGA) is Mayor David O’Loughlin from the City of Prospect, who does an outstanding job chairing the Assembly and provides great leadership for the LG sector in addition to providing an outstanding Presidential speech to wind up the Assembly.
Throughout the 4 day Assembly we heard directly from several Federal Members of Parliament including:
The Hon Dr John McVeigh, Minister for Regional Development, Territories and Local Government;
Stephen Jones MP, Shadow Minister for Regional Services, Territories and Local Government;
The Hon Bridget McKenzie, Minister for Rural Health, Sport and Regional Communication; and
The Hon Bill Shorten MP, Leader of the Opposition
Several panel sessions were held with industry leaders and experts in their fields discussing topics including Balancing Innovation and the Public Interest, Building Tomorrow’s Communities: Liveability and Recycling and Waste. A Panel of Mayors was established to discuss Local Government and the Federal Election with the strong possibility of a Federal Election being called later this year or early next year. Panel Members comprised:
Cr Sally Capp, Lord Mayor of City of Melbourne;
Rt Hon Martin Haese, Lord Mayor of City of Adelaide;
Cr Vonda Malone, Mayor of Torres Shire Council;
Cr Kristy McBain, Mayor of Bega Shire Valley Council; and
Cr Cuc Lam, Mayor of Maribyrnong City Council.
Other Keynote Addresses worth noting came from well-known author, columnist and business advisor, Bernard Salt AM, who spoke about population and the policy imperative and from the President of Local Government New Zealand, Dave Cull who spoke about how Councils in New Zealand are dealing with major disasters, resilience and economic challenges.
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There were 91 Motions put forward for consideration during the Assembly. These Motions were all aimed towards strengthening the capacity of Local Government to provide services and infrastructure. They also provided Councils with an opportunity to influence the development of Australian Local Government Association (ALGA) policy and advocacy by ALGA on federal election commitments. Issues discussed included housing affordability, financial sustainability in relation to cost shifting, improved collection of local government data, improved environmental management systems, waste management, regional development and funding for regional sustainability and equity.
Whilst in Canberra, we attended a function at Parliament House hosted by Federal Member for Grey, Rowan Ramsey MP. It was a great opportunity for delegates to discuss issues affecting the Grey electorate as a whole.
Being in Canberra for the National General Assembly also presented a unique strategic opportunity for the Mayors and Chief Executive Officers of the Yorke Peninsula Councils Alliance to meet with Deputy Prime Minister Michael McCormack to discuss the option for dual lanes through Port Wakefield. The meeting went well with the Alliance confident that State, Federal and Local Government will be able to work together to bring this project to realisation.
The Annual National General Assembly of Local Government provides a unique opportunity for delegates including those from the Yorke Peninsula region to network and form strategic alliance partnerships across the Local Government sector.
ATTACHMENTS
Nil
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13 COUNCILLORS’ REPORT
13.1 CR NAOMI BITTNER - 2018 YORKE PENINSULA TOURISM AWARDS
Document #: 18/46575
Department: Executive Services
PURPOSE
To provide Elected Members with a summary of my recent attendance at the 2018 Yorke Peninsula Tourism awards and to share with Council and the community the outstanding results achieved by this Council.
RECOMMENDATION
That the report be received.
DISCUSSION
On Friday 22nd June 2018 I had the privilege of representing Council at the 2018 Yorke Peninsula Tourism Awards, held at the Coopers Alehouse Wallaroo.
The Yorke Peninsula Tourism Awards aim to recognise and promote excellence in tourism and provide an opportunity to showcase the region’s finest tourism operators and celebrate the Yorke Peninsula tourism industry.
Approximately 100 people attended the awards, including the Hon David Ridgway MLC, Minister for Trade, Tourism and Investment, the Hon David Speirs, Minister for Environment and Water and Fraser Ellis MP, Member for Narungga.
As Yorke Peninsula Council was a sponsor for the event, I had the honour of presenting the Cultural Tourism award to Ian Archibald from the Moonta Mine Railway.
Council won the Caravan and Holiday Park category for the Port Vincent Foreshore Caravan Park, with both the Marion Bay and Point Turton Caravan Parks picking up Silver Medals in that category.
In the Specialised Tourism Services category, Council’s Bush Camping was awarded a Silver Medal.
Port Vincent Foreshore Caravan Park then received the Service Excellence Award which was a most pleasant surprise. Award entrants don’t ‘enter’ this category, instead all nominees that score a minimum of 75% (Bronze level) on their submission are automatically entered into this category.
The five entrants with the highest score in “Question 4 – Customer Service” are then shortlisted as a finalist. The judging panel then chose a winner from the finalists – the judges as part of choosing the winner review all online feedback (i.e. Trip Advisor and Facebook reviews). So, this was indeed a great result for Council, and praise must go to Louise and Shane Biddell, Council’s Managers for the Port Vincent Foreshore Caravan Park.
The surprises didn’t stop there. Council’s Operations Manager Stephen Goldsworthy, was awarded the prestigious Harry Dowling Award for his outstanding contribution to the SA Regional Tourism industry. The list of initiatives included: initiating and managing the Walk the Yorke Leisure Trail, bush camping, coastal tourism amenity and his involvement in the Windara Reef.
I could not have been more proud on the night for Council and the staff’s commitment to supporting and enhancing our local tourism industry. I enjoyed meeting and talking with many of our local tourism operators, whose dedication and commitment continue to ensure our local tourism economy flourishes.
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ATTACHMENTS
1. Attachment 1 - Yorke Peninsula Tourism Awards - Images ⇩
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INFORMATION
AGENDA
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INFORMATION AGENDA
14 ITEMS FOR EXCLUSION
15 RECEIPT OF INFORMATION REPORTS
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16 CHIEF EXECUTIVE OFFICER
16.1 CEO ACTIVITIES - JUNE 2018
Document #: 18/45656
Department: Executive Services
PURPOSE
To keep Elected Members informed of other meetings and activities during the month of June 2018.
RECOMMENDATION
That the report be received.
DISCUSSION
28 May – 15 June Annual Leave.
17-20 June Attended the Australian Local Government Association’s National General Assembly (NGA) in Canberra with Mayor Ray Agnew OAM, Councillor Alan Headon and Councillor Darren Braund. Further details about the NGA are included in a separate report.
19 June Meeting with Rowan Ramsey Federal Member for Grey.
19 June Along with the Mayor and representatives of the YP Councils Alliance, we met with the Deputy Prime Minister Michael McCormack and the Minister’s Chief of Staff Damian Callachor to discuss the upgrade of Highway One through Port Wakefield.
23 June Met with Minister David Speirs, Fraser Ellis MP and other special guests and The Nature Conservancy (TNC) and Narungga Nations staff for an update on the Windara Reef Project including a boat site visit with live video footage from TNC divers.
27 June Ardrossan Community Hospital Board Meeting.
Elected Members Monthly Workshop.
Special Council Meeting to adopt the Annual Business Plan and Rates.
28 June Corporate Management Team Meeting.
29 June Local Government Professionals Board Meeting.
ATTACHMENTS
Nil
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16.2 ACTION LISTING REPORT
Document #: 18/45654
Department: Executive Services
PURPOSE
To keep Elected Members updated on the status of the Action Listing.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.5 Undertake effective risk management
BACKGROUND
The Action List was implemented to keep Council informed about the current status and outcomes of Council decisions.
DISCUSSION
The Action List included in the Council Agenda each month will incorporate action items from Council along with current status.
ATTACHMENTS
1. Council Meeting Action List - July 2018 ⇩
2. Council Meeting Completed Action List - July 2018 ⇩
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16.3 YORKE PENINSULA TOURISM PROGRESS REPORT - MAY 2018
Document #: 18/45716
Department: Executive Services
PURPOSE
To provide Elected Members with a copy of the Yorke Peninsula Tourism Progress Report and Media and Publicity Report.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.5 Partner and build positive relationships with key stakeholders to progress tourism and business growth, including enabling the attraction of niche businesses
BACKGROUND
Elected Members would be aware that Council is a financial contributor to Yorke Peninsula Tourism.
DISCUSSION
A copy of the latest Yorke Peninsula Tourism Progress Report and Media and Publicity Report, outlining their activities and achievements, has been received for Council’s information.
ATTACHMENTS
1. Yorke Peninsula Tourism - Progress Report - April - May 2018 ⇩
2. Yorke Peninsula Tourism - Media & Publicity Report - May 2018 ⇩
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16.4 HILLSIDE MINE COMMUNITY VOICE MINUTES
Document #: 18/45627
Department: Executive Services
PURPOSE
To provide Elected Members with the latest endorsed minutes from the Hillside Community Voice Group.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 4 Community Engaged and Supported
Strategy: 4.12 Continuous improvement in communicating with and engaging the community
BACKGROUND
Elected Members would be aware of the community group formed to represent the local community and facilitate communication in relation to the proposed Hillside Mine Project.
DISCUSSION
Minutes from the 9 April 2018 meeting are attached for Elected Members information.
ATTACHMENTS
1. Hillside Mine Community Voice Minutes - 09/04/2018 ⇩
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16.5 CORRESPONDENCE FROM YORKE PENINSULA TOURISM
Document #: 18/46429
Department: Executive Services
PURPOSE
To provide Elected Members with a copy of correspondence received from Yorke Peninsula Tourism.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.4 Support local events and help attract new events
1.5 Partner and build positive relationships with key stakeholders to progress tourism and business growth, including enabling the attraction of niche businesses
BACKGROUND
Elected Members would be aware that Council is a financial contributor to Yorke Peninsula Tourism.
DISCUSSION
The 2018 Yorke Peninsula Tourism Awards were presented at a gala dinner held on Friday 22 June 2018. Council were a Platinum Sponsor of this event. The attached letter has been received thanking Council for our support of the Awards.
ATTACHMENTS
1. Thank You - Sponsorship - Yorke Peninsula Tourism Awards 2018 ⇩
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16.6 LETTERS OF CONGRATULATIONS - PORT VINCENT FORESHORE CARAVAN PARK
Document #: 18/46490
Department: Executive Services
PURPOSE
To provide Elected Members with correspondence received congratulating the Port Vincent Foreshore Caravan Park on winning awards at the recent Yorke Peninsula Tourism Awards.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.10 Celebrate, communicate and promote Council’s achievements
BACKGROUND
Port Vincent Foreshore Caravan Park is one of five caravan parks owned and operated by Council.
DISCUSSION
Port Vincent Foreshore Caravan Park won the Tourist and Caravan Park category at the recent 2018 Yorke Peninsula Tourism Awards. They also won the award for Service Excellence.
Shane and Louise Biddell have been Park Managers at the Port Vincent Foreshore Caravan Park for the past 13 years and have become ingrained in the local community. During this time they have increased the occupancy and income of the park significantly. They have also consistently won numerous awards at both regional and state level. Shane and Louise have gone above and beyond to provide service excellence and are always looking for new opportunities to improve the park.
The attached letters have been received, congratulating the Park Managers on their win.
ATTACHMENTS
1. Congratulations - Port Vincent Foreshore Caravan Park - 2018 Yorke Peninsula Tourism Awards - South Australian Tourism Commission ⇩
2. Congratulations - Port Vincent Foreshore Caravan Park - 2018 Yorke Peninsula Tourism
Awards - Minister for Environment and Water ⇩
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16.7 CORRESPONDENCE FROM THE CARAVAN INDUSTRY ASSOCIATION OF AUSTRALIA
Document #: 18/46584
Department: Executive Services
PURPOSE
To provide Elected Members with correspondence received from the Caravan Industry Association of Australia.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.5 Partner and build positive relationships with key stakeholders to progress tourism and business growth, including enabling the attraction of niche businesses
BACKGROUND
Four of Council’s five owned and operated caravan parks are accredited by the Caravan Industry Association of Australia.
DISCUSSION
Correspondence has been received from the Caravan Industry Association of Australia thanking Council for our ongoing support and active participation within the Caravanning and Camping Industry, in particular for our attendance, participation and feedback at this year’s 2018 National Conference.
ATTACHMENTS
1. Acknowledgement of Support - Caravan Industry Association of Australia ⇩
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16.8 RESPONSE TO QUESTION ON NOTICE - BLACK POINT LAND REVOCATION PROJECT
Document #: 18/46640
Department: Executive Services
PURPOSE
Regulations dictate that Questions on Notice can only be directed to the Principal Member of the Council.
Therefore this report is provided on behalf of Mayor Agnew as the response to a Question on Notice received from Cr Adam Meyer for the 13 June 2018 Council Meeting and the question is outlined below.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.4 Seek alternate income streams and ensure financial sustainability
BACKGROUND
11. Can the CEO please advise the financial cost to rate payers of the Black Point land revocation project, including but not limited to staff salaries, consultants and legal fees?
Elected Members would recall that Cr Adam Meyer’s question on notice was submitted to the 13 June 2018 Council meeting. Mayor Agnew provided a response to this question advising, that due to the complex nature of the matter, that he would request a report be provided in due course.
DISCUSSION
Elected Members would recall that following discussion at Council level some time ago, a decision was made by Elected Members to request that staff research and identify any land parcels which were surplus to Council’s requirements with a view to determining if there was an appetite to offer surplus land parcels for disposal by sale. In 2017 Council determined to undertake a public consultation process with a proposal to sell four (4) parcels of land at Black Point which were determined to be surplus to Council requirements.
Historically Council has at other times identified surplus assets that could be disposed of either to reduce Council’s asset holdings or to generate additional funds that otherwise would be unavailable.
Acquisition and disposal of Council land assets, in particular community land assets is a complex and lengthy process, finally requiring Ministerial approval to revoke the community land classification prior to Council’s ability to dispose of the assets.
Many hours of work are undertaken by staff during these consultation processes, however costs associated with staff time, are unable to be determined as, staff do not account for specific hours to projects, therefore it would be impossible to place a figure on staff time allocated to this land revocation process, although it is recognised as a significant amount of time spent.
Other costs (including the public request for the Section 270 Review of the decision) are outlined below an extensive search has been undertaken, however there may be some costs that have missed being captured due to the narration in the accounting system.
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Legal Costs S270 review $5,900.00
Signage Earle Signs $480.00
Search Costs SALUS $109.09
Public Notices x 4 YPCT $920.72
Postage costs Estimated (635 @ 0.65c) $412.75
Survey Land (prior to August 2016)
Underground services locations and Site Survey for each of the 4 Allotments
$5,400.00
Consultants Independent Land Valuations on each of the 4 Allotments
$4,644.10
ATTACHMENTS
Nil
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17 CORPORATE AND COMMUNITY SERVICES
17.1 AUDIT COMMITTEE MINUTES - 13 JUNE 2018
Document #: 18/45637
Department: Corporate and Community Services
PURPOSE
The Audit Committee is a Section 41 Committee of Council. A copy of the minutes from their meeting held on 13 June 2018 is attached.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.1 Openness and transparency of reporting Council’s performance
5.2 Effective leadership and informed decision making
5.3 Meet all legislative requirements and compliance with Council’s internal controls
5.5 Undertake effective risk management
5.8 Continuous improvement of Council processes
BACKGROUND
To keep Council informed in regard to regular Audit Committee Meetings.
DISCUSSION
Business discussed at the meeting centred around:
Audit Committee Work Plan 2018 (Revised)
2017/2018 March Quarterly Budget Review
Capital Valuations and Rating Models – 2018/2019
2018/2019 Draft Annual Business Plan, Budget and Fees and Charges
Internal Audit Activity Report
Asset Management Update
Risk Management Report
ATTACHMENTS
1. Audit Committee Minutes 13 June 2018 ⇩
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17.2 ART EXHIBITION WORKING PARTY MINUTES - 24 MAY 2018
Document #: 18/45828
Department: Corporate and Community Services
PURPOSE
The Art Exhibition Working Party is a Working Party of Council. A copy of the minutes from their meeting held on 24 May 2018 are attached.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.4 Support local events and help attract new events
1.5 Partner and build positive relationships with key stakeholders to progress tourism and business growth, including enabling the attraction of niche businesses
BACKGROUND
To keep Council and the community informed of progress in the delivery of the 2018 Yorke Peninsula Art Exhibition.
DISCUSSION
Business discussed at the meetings centred around:
• Summary of the event
• Suggestions for future exhibitions
• Lighting options for future exhibitions
• Financial update
• Future funding sources
• Funding to secure an art/project officer
• Approaching schools for 2020 Exhibition
• Meeting frequency moving forward
ATTACHMENTS
1. Minutes - Art Exhibition Working Party Meeting - 24 May 2018 ⇩
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18 ASSETS AND INFRASTRUCTURE SERVICES
18.1 CONSTRUCTION AND MAINTENANCE WORKS
Document #: 18/46585
Department: Assets and Infrastructure Services
PURPOSE
To provide a summary of capital and maintenance works undertaken within Assets and Infrastructure Services throughout the month preceding the July 2018 meeting of Council.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 2 Community Connected through Infrastructure
Strategy: 2.5 Explore provision of new infrastructure
2.6 Install and upgrade appropriate traffic control device management
2.7 Upgrade and beautification of open (recreation) spaces (e.g. playgrounds, water parks, BBQ areas etc.)
BACKGROUND
This report provides Council with a summary of the capital and maintenance works undertaken within Assets and Infrastructure Services throughout the month preceding the Council meeting.
DISCUSSION
Roadside vegetation clearance by contractor (Mechanical Vegetation Solutions Pty Ltd) has been completed for this financial year. The table below reflects all roads serviced by the contractor.
Road Name Start Point End Point
South
Hickman Road Old Coast Road Dans Road
Mulburra Park Road Cemetery Road Old Coast Road
Sheoak Flat Road Old Coast Road Cemetery Road
Main Road Port Vincent Road St Vincent Highway
Powerline Road Yorke Highway Port Vincent Road
Twelve Mile Road St Vincent Highway Yorke Highway
Vinecombe Road St Vincent Highway Twelve Mile Road
Sparrow Road Yorke Highway Redding Road
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Bittner Road Yorke Highway Sparrow Road
North
Porky Road Yorke Highway Germein Road
Boundary Road St Vincent Highway Sparrow Road
Ross Road St Vincent Highway Yorke Highway
Yorke Valley Road Spencer Highway Yorke Highway
Black Bobs Road Yorke Highway Wauraltee Road
Mount Rat Wells Road Spencer Highway Mount Rat Road
Nelligan Road Spencer Highway Wauraltee Road
Andrews Road Spencer Highway Davies Road
McFarlane Road Pine Point Road Davies Road
Davies Road Yorke Valley Road Boundary Road
North South Road Clinton Road Germein Road
Yarrum Road Spencer Highway Pine Point Road
James Well Road Yorke Highway Pine Point Road
Lodge Road Standpipe Road Piggery Corner Road
Hasting Road Piggery Corner Road Pine Point Road
Back Road Maitland Road Pine Point Road
Lizard Park Road Barley Stacks Road Port Victoria Road
South Kilkerran Road Spencer Highway Balgowan Road
Miller Road Port Victoria Road Balgowan Road
Cross Road Miller Road Nalyappa Road
Information regarding roadside vegetation maintenance activities undertaken by Council are detailed in the table below:
Road Name Start Point End Point Status
South
Hundred Line Road White Hut Road The Pines Completed
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North
Tiparra Church Road Nalyappa Road Old Boundary Road Programmed
Patrol Grading is ongoing throughout the district aligned with current circuit, technique and available resources. The following matrix provides percentage (%) output over the twenty-four (24) day period for respective areas (sectors):
Area Output (%) Factors Influencing Productivity
North 83 Operators –1 day Personal Leave / 3 days Annual Leave
Maitland 66 Operators – 3 days Annual Leave / 5 days Personal Leave
Minlaton 95 Operators – 1 day Personal Leave
South 92 Operators – 1 day Personal Leave / 1 day TOIL
The status of road construction and maintenance outcomes is summarised in the table below, complementing 2017/18 budget allocations:
Road Description of Works Work Status Estimated Completion Date
Patch Sheeting
Reservoir Road 1 section of patch sheeting (total area 1,200m2)
Completed
McLeay Road 2 sections of patch sheeting (total area 2,800m2)
Completed
Kellys Hill Road 1 section of patch sheeting (total area 2,000m2)
Completed
Wallyalla Road 1 section of patch sheeting (total area 3,000m2)
Completed
Pootawana Road 1 section of patch sheeting (total area 800m2)
Completed
Holman Road 3 sections of patch sheeting (total area 4,000m2)
Completed
Pedler Road 3 sections of patch sheeting (total area 4,000m2)
Completed
Bussenschutt Road 2 sections of patch sheeting (total area 7,100m2)
Completed
Lamshed Road 6 sections of patch sheeting (total area 13,960m2)
Completed
Sunnyvale Road 6 sections of patch sheeting (total area 17,600m2)
Completed
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Waylands Road 6 sections of patch sheeting (total area 18,960m2)
Completed
Barkers Rocks Road 4 sections of patch sheeting (total area 7,700m2)
Completed
Reconstructing and Resheeting
South Coast Road Reconstruct and resheet an estimated 14kms of identified sections.
Completed for 2017/18 financial year budget
Fuller Road Widening and resheeting identified areas.
Completed
The following works/upgrades have been applied to Council’s Community Wastewater Management Schemes (CWMS) and Water Schemes:
CWMS
o Repairs to pump station overflow pipes Ardrossan
o Decanting valve repaired Chinaman Wells
o Gravity drain blockages cleared Maitland
o Maintenance to disposal area (woodlot) Point Turton
o Maintenance to jetty pump station electricals Port Victoria
o New aerator installed at storage dam Yorketown
Water Schemes
o Improvements to calcite filter (softener) Desalination Plant
Stormwater Harvesting Schemes
o Stage four works ongoing Ardrossan
o Fill point installed Maitland
(All CWMS, Water Schemes and Stormwater Harvesting Schemes are monitored with water quality testing in accordance with SA Health and Environmental Protection Authority [EPA] licence conditions.)
Works forming part of the Main Township Footpath Replacement Programme in Warooka have been completed, and works have now commenced in Minlaton. The status of these works is summarised in the table below:
Location Area Work Status
Main Street Between North Terrace and Third Street (east side)
Programmed
Main Street Between North Terrace and Third Street (west side)
Commenced
Main Street Between Third Street and Fourth Street (east side)
Programmed
Main Street Between Third Street and Fourth Street (west side)
Programmed
The Minlaton Powerline Undergrounding Project (PLEC) is now complete. A final walkover was conducted by Civil Tech (civil works contractor), the project manager, the Director Assets and Infrastructure Services, and the Leading Worker Central on Thursday 28 June 2018. Some very minor cosmetic works were identified; however, final sign-off of the civil works has been granted.
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On Wednesday 27 June 2018 Council hosted 60 students from Minlaton District School at Gum Flat to remove the declared weed Swamp Oak and revegetate the area with indigenous species. The work was undertaken as part of the Middle School’s (years 6-9) Community Service Program, and complements other work being undertaken at Gum Flat by various stakeholders.
The car park at the Hardwicke Bay boat ramp has been extended by staff. The area was cleared of a number of dead trees, and material was levelled and compacted.
The shelter on the Stansbury jetty was replaced due to its unstable and unsafe condition.
Approximately forty (40) Customer Service Requests (CSRs) have been attended to by staff throughout June with activities including:
o Installation of access ramps
o Maintenance to public buildings
o Repairs to and replacement of signs
o Repairs to stormwater infrastructure
o Repairs to ticket machines
o Responding to illegal dumping
o Tree trimming
o Unsealed and sealed road maintenance
Attention to parks, gardens and reserves is programmed in accordance with available resources.
A section of fence has been replaced at the Minlacowie boat ramp.
A section of the floating pontoon within the Ardrossan boat ramp has been replaced.
Jetpatching activities are ongoing within the central and southern sectors of the district.
ATTACHMENTS
Nil
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19 DEVELOPMENT SERVICES
19.1 INSPECTORIAL REPORT
Document #: 18/44179
Department: Development Services
PURPOSE
To inform Council of the activities of the Inspectorial Team.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND
This report provides Elected Members with information relating to activities of the Inspectorial Staff.
DISCUSSION
During the past month Council’s Rangers have dealt with many routine matters including by-law compliance, nuisance complaints, abandoned vehicles and dog and cat management issues.
Wandering Dogs
Staff investigated a total of six dogs wandering at large during the month.
Three dogs were impounded as a result of them wandering at large and not under effective control. One owner was expiated and the two others given warnings.
Three dogs were clearly identifiable and the owners were advised to collect their dogs. One
owner was expiated for keeping an unregistered dog and other two owners were given warnings.
Bush Camping
Rangers have conducted regular patrols at the bush camping reserves. The numbers of people using the Bush Camping locations has reduced over the past month. Many of the camper’s don’t purchase a camping permit prior to setting up camp, despite new signs being erected at the camp sites advising that a camping permit is required.
Boat Ramps
Routine patrols of boat ramps have been performed to ensure that users are paying for the use of the facilities. Eleven notices have been placed on vehicles where a launch permit/ticket could not be observed. Those who can produce a valid permit/ticket and reason why the ticket was not displayed are cautioned for failing to display the ticket. Five of these Notices were not validated and the users of the facility were expiated in accordance with Councils by-law. The remaining 6 users validated their permit/ticket.
Traffic Management
Council Rangers routinely patrol all townships for traffic management, including foot patrols, paying particular attention to disabled parking bays and vehicles parking on yellow lines. An Expiation Notice
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was issued to the driver of a vehicle stopped adjacent to a continuous yellow line in Ardrossan, whilst a second Expiation Notice was issued as a result of a vehicle parked on a paved footpath in Yorketown.
Local Nuisance and Litter Control
Council Rangers have followed up complaints in relation to nuisance being caused by smoke from wood heaters, burning of vegetation in townships and the burning of unauthorised materials.
A person responsible for burning materials which resulted in a large plume of black smoke at Yorketown was issued with an Expiation Notice.
General
A professional shooter has commenced a trial pigeon control program in the townships of Yorketown, Stansbury and Ardrossan. Approximately 400 pigeons have been removed from Yorketown, 500 pigeons from Stansbury and 800 from Ardrossan.
Council’s Ranger has investigated the illegal removal/trimming of vegetation at Wool Bay on the road reserve. It is believed the trimming has taken place so that residents can have improved coastal views. The person responsible for the trimming has not been located at this stage.
ATTACHMENTS
Nil
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19.2 DEVELOPMENT APPLICATION DECISIONS
Document #: 18/47061
Department: Development Services
PURPOSE
To inform the Elected Members of Development Application decisions for the period 28 May to 29 June 2018.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.1 Provide easier, streamlined development approval application process
BACKGROUND
To keep Elected Members informed of Development Application decisions under delegated authority.
DISCUSSION
The following is a list of all Development Applications processed for the period 28 May to 29 June 2018.
Yorketown
544/1126/2011 544/1511/2016 544/1259/2017
544/1301/2017 544/1076/2018 544/1088/2018
544/1089/2018 544/1101/2018 544/1108/2018
544/1109/2018 544/1119/2018 544/1131/2018
544/1132/2018 544/1135/2018 544/1143/2018
544/1144/2018 544/1149/2018 544/1162/2018
544/1187/2018
Maitland
544/2016/2015 544/1029/2016 544/1260/2016
544/1454/2016 544/1194/2017 544/1279/2017
544/1422/2017 544/1028/2018 544/1062/2018
544/1071/2018 544/1080/2018 544/1082/2018
544/1117/2018 544/1118/2018 544/1123/2018
544/1136/2018 544/1137/2018 544/1153/2018
544/1163/2018 544/1179/2018 544/1186/2018
544/1193/2018
Land Division
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544/D002/2018 (544/1023/2018
ATTACHMENTS
1. Approval Listing - Development Application Decisions - June 2018 ⇩
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19.3 WASTEWATER SYSTEM APPLICATION DECISIONS
Document #: 18/47067
Department: Development Services
PURPOSE
To inform the Elected Members of Wastewater Application decisions for the period 28 May to 29 June 2018.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.1 Provide easier, streamlined development approval application process
BACKGROUND
To keep Elected Members informed of Wastewater Application Decisions under delegated authority.
DISCUSSION
The following is a list of all Wastewater System applications processed for the period 28 May to 29 June 2018.
Maitland
050/004/2018 050/021/2018 050/26/2018
050/033/2018 050/034/2018
Yorketown
050/029/2018 050/031/2018
ATTACHMENTS
1. Wastewater Application Decisions - June 2018 ⇩
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20 VISITORS TO THE MEETING
Nil
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DEBATE
AGENDA
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DEBATE AGENDA
21 MAYOR
Nil
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22 CHIEF EXECUTIVE OFFICER
22.1 LOCAL GOVERNMENT ROAD SAFETY STRATEGY AND ACTION PLAN WORKING PARTY
Document #: 18/45872
Department: Executive Services
PURPOSE
To seek an Expression of Interest from Council for membership to a Local Government Association working party for the development of a Local Government Road Safety Strategy and Action Plan.
RECOMMENDATION
That Council:
1. endorse submitting an Expression of Interest for Council membership of the Local Government Association’s proposed Local Government Road Safety Strategy and Action Plan working party.
2. endorse Councillor Bittner as Council’s representative on the LGA Working Party.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.5 Partner and build positive relationships with key stakeholders to progress tourism and business growth, including enabling the attraction of niche businesses
Goal: 2 Community Connected through Infrastructure
Strategy: 2.4 Create partnerships with State Government to maintain State's assets (roads, jetties etc.)
BACKGROUND
The Local Government Association is seeking input from Councils to develop a Local Government Road Safety Strategy Action Plan that articulates existing actions and provides further direction for Council efforts in contributing to a safer road system in South Australia.
The Local Government Association believes that a Local Government Road Safety Strategy will provide an opportunity for local government to demonstrate its commitment to:
A holistic approach to road safety, in which speed limits are only part;
Reducing fatalities and serious injuries on South Australian roads; and
Partnering with federal and state governments to ensure their investment in local roads
construction and maintenance also contributes to improving road safety.
DISCUSSION
Expressions of interest are being sought for Council membership to a Local Government Association Working Party for the development of a Local Government Road Safety Strategy and Action Plan. The Local Government Association is looking for a mix of both Elected Members and Council staff to form the working party. Expertise, experience and passion will be considered by the LGA when selecting the successful applicants, with a range of relevant skills and knowledge being sought.
Councillor Bittner, having read the attached circular, has requested that Council submit an Expression of Interest for membership and has indicated that she would be willing to be Council’s representative.
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It is anticipated that this Working Party will meet for the first time in August 2018. The Working Party will play a key consultative role in the development of the strategy and action plan.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Nil
In preparing this report, the following external parties were consulted:
Local Government Association
POLICY IMPLICATIONS
Nil
BUDGET AND RESOURCE IMPLICATIONS
Nil
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Council build, maintain and regulate roads in our area and have a responsibility to provide a safe operating environment for road users. It is therefore important for Council to advocate for and take action to improve road safety, including driver behaviour.
ATTACHMENTS
1. LGA Circular - Local Government Road Safety Strategy and Action Plan ⇩
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22.2 CR MEYER - REQUEST FOR REPORT 14/03/2018 - CONTRACTUAL WORKS - NORTH COAST ROAD
Document #: 18/47228
Department: Executive Services
PURPOSE
To provide Council with the outcome of a request for a report on North Coast Road Contractual Works.
RECOMMENDATION
That Council:
1. receive the report as presented to this meeting;
2. endorse the findings of the independent external review undertaken by Felice from Norman Waterhouse Lawyers.
LINK TO STRATEGIC PLAN
Goal: 2 Community Connected through Infrastructure
Strategy: 2.5 Explore provision of new infrastructure
BACKGROUND
During General Business at the 14 March 2018 Cr Meyer raised concerns in relation to the current condition of North Coast Road and recent contractual works undertaken on this road, requesting a report be provided to Council, in particular in relation to the contractual obligations with Lucas TCS, who undertook the construction works.
DISCUSSION
Elected Members would recall a number of meetings, presentations and discussions around the conditions of the North Coast Road surface and concerns raised by various parties in relation to dust, traffic levels and safety. Numerous written complaints have also been received in relation to the condition of North Coast Road from residents and visitors to the area.
Following a review of the condition of North Coast Road, Council determined to undertake an Unsealed Road Construction Tender process for contractual works on this road and other identified works. At its meeting of 9 March 2016 the recommendations of the Tender Panel were put to the Council and the Council resolved to appoint Lucas Total Contracting Solutions. This work was in addition to the adopted budget and was funded via a budget variation in response to community concerns.
Council engaged an independent engineering expert, being Tonkin Consulting, who assisted in determining and reviewing the specification requirements.
Following discussion with and agreement from the Mayor, at the end of March I commenced an internal review to reconsider the entire process from the appointment the contractor to contract completion. This was communicated to Elected Members via email on 27 March 2018.
The Governance Officer prepared a list of documents to support this internal review. This was a complex process involving extensive documentation and development of a timeline of events.
During the review I considered that the tender and contract processes had been correctly undertaken and superintended. There was an evident differential with material specifications as described in the initial documentation.
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It is my considered opinion that all due processes were undertaken correctly and staff followed the requirements of the construction contract with due diligence. As a result, the Contractor fulfilled their obligations in relation to construction works on North Coast Road.
The Internal Review found that whilst the contractor had raised concerns about some aspects of the material specification, all construction works met requirements. It should be noted that Council engaged a specialist engineer to review the specifications, who in turn provided advice and ultimately agreement from all parties on the final product. (The Elected Body was kept fully aware during these processes).
Due to the value of the contract and level of community interest and in agreement with the Mayor, I asked Felice from Norman Waterhouse Lawyers to provide an independent opinion on this review. This has taken some time as there have been many competing priorities both for me and Norman Waterhouse.
The outcome of Felice’s review has now been provided to the Governance Officer and is included as an attachment to this report.
In essence the independent opinion has confirmed that whilst Lucas did not entirely conform to the original material specification as varied, the Council’s specialist consultants Tonkin’s confirmed that the [resheeting works were undertaken “to industry standards for unsealed roads”.]
As outlined by the Independent advice it is entirely reasonable for the Council to have sought and relied on the expert advice received from its consultants.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Governance Officer
Director Assets and Infrastructure Services
In preparing this report, the following external parties were consulted:
Norman Waterhouse Lawyers
POLICY IMPLICATIONS
PO058 Purchasing and Procurement Policy
BUDGET AND RESOURCE IMPLICATIONS
Costs associated with independent review of the Process are approximately $950.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Ensuring that the correct process is followed in accordance with all legislative and policy requirements relating to construction and tender processes is paramount in mitigating Council’s risk.
ATTACHMENTS
1. North Coast Road – Contractor Section, Appointment and Management
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22.3 SUPPLEMENTARY REPORT TO COUNCIL REPORT "FORMAL ADOPTION OF 2018/2019 BUDGET, PROPERTY VALUATIONS AND DECLARATION OF RATES AND SERVICE CHARGES", ITEM NUMBER 13.2 IN THE AGENDA FOR THE SPECIAL COUNCIL MEETING DATED 27 JUNE 2018
Document #: 18/47495
Department: Executive Services
PURPOSE
To rectify an administrative error that was inadvertently included in the Council’s rates declaration relating to the Water Supply Scheme Service Charge (“the Service Charge”) that was adopted on 27 June 2018.
RECOMMENDATION
1. That resolution 167/2018 is revoked.
2. Water Supply Schemes Annual Service Charges
That pursuant to Section 155 of the Local Government Act 1999, the Council imposes service
charges for the financial year ending 30 June 2019 as follows on each assessment of rateable and non-rateable land in the following area to which land the Council provides or make available a water supply service:
2.1 Balgowan area $199.00
2.2 Black Point area $199.00
2.3 Hardwicke Bay area $199.00
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND
At the Special Council Meeting held on 27 June 2018, Council resolved, via resolution number 167/2018, to formally adopt the annual Water Supply Scheme Service Charges, however an administrative error has been identified in that resolution that requires rectification.
DISCUSSION
As members will be aware, at the Special Council Meeting held on 27 June 2018, resolution 167/2018 relating to the Service Charge, was carried. It has since come to the Administration’s attention that an error was contained in this resolution.
Specifically, the recommendation incorrectly stated that the Service Charge would be imposed for the financial year ending 30 June 2018, rather than the financial year ending 30 June 2019.
It is necessary to rectify this administrative error to ensure that the Service Charge can be validly imposed on the relevant assessments for the 2018/2019 financial year.
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To rectify the error it is necessary for the Council to revoke resolution 167/2018 and to adopt the Service Charge for the year ending 30 June 2019. A suitable recommendation for this purpose is included in this report.
The recommendation, which if passed will have the effect of amending resolution 167/2018, is
submitted to the Council in this report pursuant to regulation 21 of the Local Government (Procedures
at Meetings) Regulations 2013.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Director Corporate & Community Services
Senior Rates Officer
In preparing this report, the following external parties were consulted:
Nil
POLICY IMPLICATIONS
Not applicable
BUDGET AND RESOURCE IMPLICATIONS
Not applicable
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Whilst the error may have been inadvertent, it is grounds to challenge the validity of the water supply service charge.
ATTACHMENTS
Nil
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23 CORPORATE AND COMMUNITY SERVICES
Nil
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24 ASSETS AND INFRASTRUCTURE SERVICES
24.1 AUTHORISATION TO SIGN ANNEXURE TO GRANT OF EASEMENT
Document #: 18/45711
Department: Assets and Infrastructure Services
PURPOSE
To seek authorisation from Council for the Mayor and Chief Executive Officer to execute the Annexure to Grant of Easement for the upgrade of electricity supply at Section 289 Hundred of Minlacowie.
RECOMMENDATION
That Council authorise the Mayor and Chief Executive Officer to sign and affix the Common Seal on the Annexure to Grant of Easement for the upgrade of electricity supply at Section 289 Hundred of Minlacowie.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND
Section 289 Hundred of Minlacowie (Volume 5757 Folio 212) is Crown Land under the custodianship of the Yorke Peninsula Council.
As part of the Minlaton Stage 2 Powerline Undergrounding Project (PLEC) an easement was required to be granted on this land to house SA Power Networks transformers and a switching cubicle.
DISCUSSION
Pursuant to Section 28 of the Crown Land Management Act 2009 the Minister for Environment and Water has granted an easement for the upgrade of electricity supply at Section 289 Hundred of Minlacowie (Volume 5757 Folio 212).
As custodian of this land the Yorke Peninsula Council are required to consent to the Grant of Easement.
To that end an Annexure to Grant of Easement has been prepared, which the Mayor and Chief Executive Officer are required to sign and affix the Common Seal to.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
The public will be informed of Council’s decision through the release of the Minutes of this Council meeting.
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Chief Executive Officer
In preparing this report, the following external parties were consulted:
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Nil
POLICY IMPLICATIONS
Nil
BUDGET AND RESOURCE IMPLICATIONS
Any costs associated with this process have been met by Council from within the budget for the Minlaton Stage 2 Powerline Undergrounding Project (PLEC).
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Crown Land Management Act 2009
Local Government Act 1999
ATTACHMENTS
1. Advice from SA Power Networks - Easement for Upgrade of Electricity Supply -
Annexure to Grant for Easement for Signing - Section 289 Hundred of Minlacowie ⇩
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25 DEVELOPMENT SERVICES
25.1 REVOCATION OF COMMUNITY LAND CLASSIFICATION - ARDROSSAN MUSEUM
Document #: 18/42664
Department: Development Services
PURPOSE
To seek Council approval to revoke the community land classification for Allotment 888, Filed Plan 197449, in the area named Ardrossan, Hundred of Cunningham, commonly known as Ardrossan Museum for the purpose of transferring ownership to Ardrossan Progress Association Inc.
RECOMMENDATION
That Council:
1. pursuant to Section 194(3)(b) of the Local Government Act 1999, revokes the community land classification over Allotment 888, Filed Plan 197449, in the area named Ardrossan, Hundred of Cunningham, Certificate of Title Volume 5794, Folio 735, commonly known as Ardrossan Museum for the purpose of transferring ownership to Ardrossan Progress Association Inc.
2. authorise the Mayor and Chief Executive Officer to sign and seal any documents in relation to the transfer of the property.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.5 Partner and build positive relationships with key stakeholders to progress tourism and business growth, including enabling the attraction of niche businesses
Goal: 4 Community Engaged and Supported
Strategy: 4.7 Foster productive working relationships with Progress Associations
BACKGROUND
At the 14 March 2018 Council meeting, Council endorsed the recommendation to seek Ministerial approval for the revocation of community land classification over Allotment 888, Filed Plan 197449 in the area named Ardrossan, Hundred of Cunningham, Certificate of Title Volume 5794 Folio 735, commonly known as Ardrossan Museum for the purpose of transferring ownership to Ardrossan Progress Association Inc.
DISCUSSION
An application was submitted to the Minister for Planning seeking approval for the revocation of Allotment 888, Filed Plan 197449, in the area named Ardrossan, Hundred of Cunningham, Certificate of Title Volume 5794 Folio 735, commonly known as Ardrossan Museum for the purpose of transferring ownership to Ardrossan Progress Association Inc. Ministerial approval to revoke the land was received in writing on 5 June 2018. (See Attachment 1)
If Council wish to proceed with the revocation, in accordance with Section 194(3)(b) of the Local Government Act 1999, Council is required to carry a resolution to revoke the community land classification.
If approved, a Public Notice will be advertised in the Yorke Peninsula Times and Government Gazette giving notification of the revocation.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
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CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Property Tenure Officer
In preparing this report, the following external parties were consulted:
Nil
POLICY IMPLICATIONS
PO057 Community Engagement Policy
PO072 Disposal of Land and other Assets
BUDGET AND RESOURCE IMPLICATIONS
Conveyancing costs, Stamp Duty and Registration fees associated with the transfer equates to $9,550 based on a current Capital Value of $180,000. Ardrossan Progress Association have agreed to contribute to half of the costs, with the remaining half absorbed within Councils 2017/2018 budget.
If National Trust of South Australia (NTSA) require a new Encumbrance to be prepared, NTSA will be responsible for costs.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999 Division 3, Section 194 – Revocation of classification of land as community land.
ATTACHMENTS
1. Ministerial Approval to Revoke the Community Land Classification ⇩
COUNCIL MEETING AGENDA 11 JULY 2018
Item 25.1- Attachment 1 Page 94
COUNCIL MEETING AGENDA 11 JULY 2018
Item 25.2 Page 95
25.2 POLICY UPDATE - GUIDELINES FOR CONTROL OF ELECTION SIGNS - FOR FEDERAL, STATE AND LOCAL GOVERNMENT ELECTIONS REFERENDA AND POLLS PO044
Document #: 18/44194
Department: Development Services
PURPOSE
To seek endorsement and approval from Council for the updated PO044 Guidelines for Control of Election Signs – for Federal, State and Local Government Elections Referenda and Polls.
RECOMMENDATION
That Council endorse and adopt the updated PO044 Guidelines for Control of Election Signs – for Federal, State and Local Government Elections Referenda and Polls Policy for inclusion in Council’s Policy Manual and on Council’s website.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND
PO044 Guidelines for Control of Election Signs Policy is due for review every five years. The policy was last reviewed in 2013.
DISCUSSION
Guidelines for Council’s control of election signs is governed by the Local Government Act 1999. This policy provides guidelines for Federal, State and Local Government elections, Referenda and Polls within the Yorke Peninsula Council district.
Further to recent legislative changes, elections signs can now be erected without Council consent within certain time frames of an election, subject to the signs not restricting the use of the road or endangering the safety of members of the public.
The Policy provides clarity regarding the legal position with respect to the placement of election signs on roads and road related infrastructure in the Council’s area and provides a General Approval for the placement of election signs on road and road infrastructure during an election period, provided the signs comply fully with all conditions.
Prior to the legislative change, a permit had to be issued by Council for the erection of election signs. The legislative changes now state that whilst a permit is still required for the erection of signs on Council Land, Council considers there are plenty of alternative locations. The fact that permits are mostly no longer required, also means there will be less administrative burden. The policy also addresses the relevant legislation now contained in the Local Nuisance and Litter Control Act, which applies to the erection of election signs.
The policy is accessible to the public via Council’s website.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
COUNCIL MEETING AGENDA 11 JULY 2018
Item 25.2 Page 96
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
Manager Development Services
Senior Compliance Officer
In preparing this report, the following external parties were consulted:
Nil
POLICY IMPLICATIONS
PO044 Guidelines for Control of Election Signs – for Federal, State and Local Government Elections Referenda and Polls.
BUDGET AND RESOURCE IMPLICATIONS
No budget or resource implications identified with the endorsement of the policy.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999
ATTACHMENTS
1. Draft PO044 Guidelines for Control of Election Signs ⇩
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Item 25.2- Attachment 1 Page 97
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Item 25.3 Page 112
25.3 NEW LEASE AGREEMENTS - MINLATON SPORTING GROUNDS
Document #: 18/44273
Department: Development Services
PURPOSE
For Council to consider endorsing new lease agreements with the Minlaton Basketball & Netball Club Inc., Minlaton Golf Club Inc., Southern Yorke Peninsula Basketball Club Inc., Minlaton Bowling Club Inc. and Minlaton Tennis Club Inc.
RECOMMENDATION
That Council:
1. endorse new lease agreements with Minlaton Basketball & Netball Club Inc., Minlaton Golf Club, Southern Yorke Peninsula Basketball Club Inc., Minlaton Bowling Club Inc. and Minlaton Tennis Club Inc. located on Sections 291 and 298 in the Hundred of Minlacowie.
2. authorise the Mayor and Chief Executive Officer to sign and seal any documents required to give effect to this lease.
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.9 Efficient delivery of permits, leases and licences
BACKGROUND
Leases for the Minlaton Sporting Complex and golf course have been in monthly holdover tenancy since around 2013, due to Crown Lands identifying the area commonly known as Gum Flat as holding conservation values and an abundance of native and exotic flora.
Crown Lands identified that significant unapproved development and clearing had occurred in this location that was dedicated for Flora and Fauna Purposes, not a purpose allowed or was appropriate for the current developments. Concerns were also raised for future development that will further degrade the environmentally significant areas that are left.
Council has been working with Crown Lands to ensure strategies are established for the future management of this area and to create guidelines to control and eventually the eradication of introduced plants.
A field assessment was carried out on the location in May 2018 by Tim and Sonia Croft from the Nature Conservation Society of South Australia. Information gained from the assessment, Vegetation Management Guidelines have been prepared and Council will commit to management tasks identified.
On 19 March 2018 approval was granted from Crown Lands for rededication as Fauna and Flora Conservation and Community Purposes to allow the current leases to be consistent with the land dedication.
Leases for the area have been in holdover monthly tenancy since around 2013 pending rededication of land and can now be finalised.
DISCUSSION
Council need to consider endorsing five individual lease agreements for a period of five years with one by five year right of renewal to:
Minlaton Basketball & Netball Club Inc.
COUNCIL MEETING AGENDA 11 JULY 2018
Item 25.3 Page 113
Minlaton Golf Club Inc.
Southern Yorke Peninsula Basketball Club Inc.
Minlaton Bowling Club Inc.
Minlaton Tennis Club Inc.
Standard council community facilities leases for a portion of Crown Land will be prepared with an annual rent of $50.00 plus GST.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
Public consultation is not required as there is no substantial change in the use of the land.
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
Manager Development Services
Operations Manager
Natural Environment & Sustainability Officer
In preparing this report, the following external parties were consulted:
Department of Environment, Water and Natural Resources
POLICY IMPLICATIONS
PO057 Community Engagement Process
BUDGET AND RESOURCE IMPLICATIONS
Leases will be prepared internally, therefore no cost to Council or the Lessee.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999 Division 6, Section 202 – Alienation of community land by lease or licence.
ATTACHMENTS
1. Map - Minlaton Sporting Complex ⇩
COUNCIL MEETING AGENDA 11 JULY 2018
Item 25.3- Attachment 1 Page 114
COUNCIL MEETING AGENDA 11 JULY 2018
Item 25.4 Page 115
25.4 DRAFT ANIMAL MANAGEMENT PLAN AND COMMUNITY ENGAGEMENT
Document #: 18/44514
Department: Development Services
PURPOSE
To endorse the community engagement process for the proposed draft Animal Management Plan.
RECOMMENDATION
That Council endorse a community engagement process for the proposed amendments to the draft Animal Management Plan.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
5.8 Continuous improvement of Council processes
BACKGROUND
Pursuant to the Dog and Cat Management Act (the Act) 1995, each Council must prepare a plan relating to the management of dogs and cats within its area. This plan must include provisions for parks where dogs may be exercised off-leash and for parks where dogs must be under effective control by means of physical restraint and may include areas where dogs are prohibited.
The plan must cover a period of 5 years and must be presented to the Dog and Cat Management Board (the Board) at least 6 months before it takes effect. The plan needs to be endorsed by the Board after it has been endorsed by Council.
DISCUSSION
Council first introduced a five year plan in 2006 relating to the management of dogs and cats within its area, which was reviewed in 2011. The review of the current plan has been delayed due to the impending legislative changes to the Act, which commenced on 1 July 2018. These changes include compulsory microchipping of dogs and cats (exemptions available) and the registration of breeders for a person to sell a dog or cat.
This draft plan has been written using a template written by the Board, as per the Guideline “Plans of Management Relating to Dogs and Cats”. Council provided a draft plan to the Board seeking comment and suggested changes. As a result of this consultation, minor changes were made to the draft plan in its current format.
The draft plan ensures that Council meets its responsibilities for administration and enforcement of the Act. The actions contained in the draft plan can be met within the current budget limitations.
Public comment is to be sought in relation to the draft plan. Comments received as a result of the consultation will be considered by Council before adopting a plan to be endorsed by the Board.
COMMUNITY ENGAGEMENT PLAN
Level 2 - Consult
The Community engagement process will be undertaken from 12 th July to 10th August 2018, providing a four week opportunity for the public to make comment. Two Public Notices will be advertised in the Yorke Peninsula Country Times and will also appear on Council’s website and Facebook page.
COUNCIL MEETING AGENDA 11 JULY 2018
Item 25.4 Page 116
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Manager Development Services
Senior Compliance Officer
In preparing this report, the following external parties were consulted:
Nil
POLICY IMPLICATIONS
Not applicable
BUDGET AND RESOURCE IMPLICATIONS
Costs associated with the community engagement process will be absorbed within current budget limitations.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Without appropriate policies, procedures and delegations in place, Council is placed at risk of non-compliance with legislation and guidelines.
Local Government Act 1999
ATTACHMENTS
1. Draft Animal Management Plan ⇩
2. Community Engagement Plan - Draft Animal Managment Plan ⇩
COUNCIL MEETING AGENDA 11 JULY 2018
Item 25.4- Attachment 1 Page 117
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26 GENERAL BUSINESS
Council has resolved that an Agenda Item “General Business” be included on the Council Agenda to enable members to raise matters of a minor nature for action by the Administration, or to call for reports
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CONFIDENTIAL AGENDA
27 CONFIDENTIAL ITEMS
27.1 CONSTRUCTION OF THE POINT TURTON NATURAL PLAYSPACE AND BIKE TRAIL - LEAD CONTRACTOR TENDER 183/2018
RECOMMENDATION
Section 90 Order
That pursuant to Section 90(2) and (3)(k) of the Local Government Act 1999, the Council orders, that the public be excluded from the meeting relating to Item 27.1 Construction of the Point Turton Natural Playspace and Bike Trail - Lead Contractor Tender 183/2018, with the exception of the following persons:
Chief Executive Officer
Executive Assistant to CEO and Mayor
Director Corporate and Community Services
Director Assets and Infrastructure
Director Development Services
The Council is satisfied that, pursuant to Section 90(2) and (3)(k) of the Act, the information to be received, discussed or considered in relation to report Item 27.1 Construction of the Point Turton Natural Playspace and Bike Trail - Lead Contractor Tender 183/2018, is confidential information relating to:
(k) tenders for the supply of goods, the provision of services or the carrying out of works.
Accordingly, on this basis, the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.
RESUMPTION OF PUBLIC MEETING
RECOMMENDATION
Section 91 Order
That having considered report 27.1 Construction of the Point Turton Natural Playspace and Bike Trail - Lead Contractor Tender 183/2018 in confidence under Section 90(2) and (3)(k) of the Local Government Act 1999 (the Act) the Council, pursuant to Section 91 (7) and 91 (9) of the Act orders that the agenda report, attachments, minutes and supporting documentation relevant to report 27.1 Construction of the Point Turton Natural Playspace and Bike Trail - Lead Contractor Tender 183/2018 be retained in confidence and not available for public inspection for a period of 12 months.
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27.2 BITUMEN EMULSION SUPPLY 2018-21 TENDER 185/2018
RECOMMENDATION
Section 90 Order
That pursuant to Section 90(2) and (3)(k) of the Local Government Act 1999, the Council orders, that the public be excluded from the meeting relating to Item 27.2 Bitumen Emulsion Supply 2018-21 Tender 185/2018, with the exception of the following persons:
Chief Executive Officer
Executive Assistant to CEO and Mayor
Director Corporate and Community Services
Director Assets and Infrastructure
Director Development Services
The Council is satisfied that, pursuant to Section 90(2) and (3)(k) of the Act, the information to be received, discussed or considered in relation to report Item 27.2 Bitumen Emulsion Supply 2018-21 Tender 185/2018, is confidential information relating to:
(k) tenders for the supply of goods, the provision of services or the carrying out of works.
Accordingly, on this basis, the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.
RESUMPTION OF PUBLIC MEETING
RECOMMENDATION
Section 91 Order
That having considered report 27.2 Bitumen Emulsion Supply 2018-21 Tender 185/2018 in confidence under Section 90(2) and (3)(k) of the Local Government Act 1999 (the Act) the Council, pursuant to Section 91 (7) and 91 (9) of the Act orders that the agenda report, attachments, minutes and supporting documentation relevant to report 27.2 Bitumen Emulsion Supply 2018-21 Tender 185/2018 be retained in confidence and not available for public inspection for a period of 12 months.
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28 NEXT MEETING
Wednesday 8 August 2018
29 CLOSURE