Agenda of Ordinary Council Meeting - 10 October 2018 · 2018-10-06 · COUNCIL MEETING AGENDA 10 OCTOBER 2018 Item 8.1 Page 6 8 MOTIONS ON NOTICE 8.1 NOTICE OF MOTION - CR ADAM MEYER

I hereby give notice that an Ordinary Meeting of Council will be held on:

Date: Wednesday, 10 October 2018

Time: 5.30pm

Location: Council Chambers

Minlaton Town Hall

57 Main Street

Minlaton

AGENDA

Ordinary Council Meeting

10 October 2018

Andrew Cameron

CHIEF EXECUTIVE OFFICER

COUNCIL MEETING AGENDA 10 OCTOBER 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.


Page 3

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 ................................................................................................................ 6

8.1 Notice of Motion - Cr Adam Meyer - Ombudsman SA Ref 2018/04529 .................... 6

9 Questions on Notice .......................................................................................................... 16

Nil

10 Questions without Notice .................................................................................................. 16

11 Petitions ............................................................................................................................. 16

Nil

12 Mayor .................................................................................................................................. 17

12.1 Mayor's Monthly Report September 2018............................................................... 17

13 Councillors’ Report ............................................................................................................ 18

Nil

INFORMATION AGENDA ............................................................................................................ 20

14 Items for Exclusion ............................................................................................................ 20

15 Receipt of Information Reports ......................................................................................... 20

16 Chief Executive Officer ...................................................................................................... 21

16.1 CEO Activities - September 2018 ........................................................................... 21

16.2 Action Listing Report .............................................................................................. 23

16.3 Power Line Environment Committee (PLEC) Annual Report 2017/2018 ................. 29

16.4 Local Government Elections 2018 - Enrol - Nominate - Vote .................................. 42

16.5 Hillside Mine Community Voice Minutes ................................................................. 46

17 Corporate and Community Services ................................................................................ 50

17.1 YP Leisure Options Working Party Minutes - 23 August 2018 ................................ 50

17.2 Audit Committee Minutes - 26 September 2018 ..................................................... 54

18 Assets and Infrastructure Services .................................................................................. 61

18.1 Construction and Maintenance Works .................................................................... 61

19 Development Services ....................................................................................................... 67

19.1 Swimming Pool Audit Inspections........................................................................... 67

19.2 Inspectorial Report ................................................................................................. 68

19.3 Correspondence - Dog and Cat Mangement Board - Animal Management Plan .... 70

19.4 Development Application Decisions ....................................................................... 72


Page 4

19.5 Wastewater System Application Decisions ............................................................. 78

20 Visitors to the Meeting....................................................................................................... 80

DEBATE AGENDA ....................................................................................................................... 82

21 Mayor .................................................................................................................................. 82

Nil

22 Chief Executive Officer ...................................................................................................... 83

22.1 Election of LGFA Representative Board Members ................................................. 83

23 Corporate and Community Services ................................................................................ 97

23.1 Financial Report as at 30 September 2018 ............................................................ 97

24 Assets and Infrastructure Services ................................................................................ 105

Nil

25 Development Services ..................................................................................................... 106

25.1 Development Plan Amendment Funding Agreement - Review the Zoning of Land at Edithburgh to Rural Living ....................................................................... 106

26 General Business............................................................................................................. 120

CONFIDENTIAL AGENDA ......................................................................................................... 121

27 Confidential Items ............................................................................................................ 121

Nil

28 Next Meeting .................................................................................................................... 121

Wednesday 14 November 2018

29 Closure ............................................................................................................................. 121


Page 5

1 WELCOME AND ACKNOWLEDGEMENT OF COUNTRY BY MAYOR

Meeting declared opened

2 OPENING PRAYER

3 PRESENT

4 LEAVE OF ABSENCE

Nil

5 APOLOGIES

Nil

6 CONFLICT OF INTEREST

7 MINUTES OF PREVIOUS MEETING – FOR CONFIRMATION

Ordinary Council Meeting - 12 September 2018

Confidential Council Meeting - 12 September 2018 at 7.06pm





Item 8.1 Page 6

8 MOTIONS ON NOTICE

8.1 NOTICE OF MOTION - CR ADAM MEYER - OMBUDSMAN SA REF 2018/04529

Document #: 18/72586

I, Councillor Adam Meyer, give notice that at the next Ordinary Meeting of Council be held on 10 October 2018, I intend to move the following motion:-

RECOMMENDATION

That the CEO respond to the letter from the Ombudsman’s Office (reference

2018/04529/0041), dated 25 September 2018 with;

1. Elected Members didn’t receive a copy of the provisional report and were therefore unable to respond to it.

2. The first instance that the Elected Body knew of the report was when it was presented in the Agenda of 12th September 2018.

Council voted to not accept the recommendation of the Ombudsman because:

1. the initial decision of Council that the complaint be deemed by the Elected Body as “trivial”.

2. that 9 allegations of the original complaint were subsequently determined as being unfounded.

3. the time that has passed, since the events that caused this investigation and the effect that such a passage of time has had on all parties and the reputation of Council.

4. that this decision is taken in the interest of finalising the matter and restoring trust between Council and the community.

5. the wish to have this matter resolved before the end of the current Council term.

6. that Council had requested Cr Stock to apologise as per the recommendation of the Local Government Assessment Panel (LGAP).

7. the Local Government Act, Code of Conduct the recommendation of the LGAP and subsequent Council Motion, doesn’t allow the Elected Body to “Demand” an apology and the only reason this matter continued was because the Mayor (without the approval or knowledge of the Councillors) pursued Cr Stock by demanding an apology.

REASON

Below is an extract from the (yet to be accepted) minutes of the Ordinary Meeting of Council from 12 September 2018.

5.57pm Mayor Ray Agnew – declaration perceived Conflict of Interest and left the meeting

5.57pm Deputy Mayor Scott Hoyle – declaration perceived Conflict of Interest and left the meeting


Item 8.1 Page 7

RESOLUTION

Moved: Cr John Rich

Seconded: Cr Adam Meyer

That with the Mayor and Deputy Mayor both declaring perceived Conflicts of Interest Cr Jeff Cook take over as the Chairperson for consideration of the next 3 Debate Items.

CARRIED 222/2018 (12/09/2018)

5.58pm Cr Tania Stock sought leave of the meeting to make a personal explanation.

Chairperson Cr Jeff Cook advised that leave of the meeting was granted, by the majority of members.

Cr Tania Stock made a personal explanation in relation to the Mayor’s Debate Reports 21.2, 21.3 and 21.1 Late Report regarding the Ombudsman SA, in particular her concerns that the redacted version of the reports were misleading and concealing selective information.

Cr Stock did not agree with the decisions handed down in relation to these matters and advised that legal advice she obtained indicated there was no mandatory obligation to provide an apology or to be reprimanded.

Cr Stock considered that Deputy Mayor Scott Hoyle misconstrued the comments she made at the Black Point Progress Association AGM in April 2017. This has been very unfortunate and directed resources away from growing our Council.

It is now time to move forward and focus on positive outcomes for our community. 6.03pm Cr Tania Stock left the meeting.

21.1 LATE REPORT - OMBUDSMAN SA - FULL INVESTIGATION - FINAL REPORT 2018 04529 - CR STOCK AND OMBUDSMAN SA - COMPLAINT ASSESSMENT 2018 03972 - CR STOCK

PURPOSE

To provide the Council with further information following updated advice from the Ombudsman SA regarding Debate Agenda items 21.2 and 21.3.

RESOLUTION

Moved: Cr Trevor Davey

Seconded: Cr Naomi Bittner

That the:

1. Ombudsman SA Final Report – Full Investigation, dated 3 August 2018, be received and considered together with and in context of Debate Agenda item 21.2 Ombudsman SA – Full Investigation – Final Report 2018 04529 – Cr Stock.

2. Ombudsman SA’s letter to Cr Stock dated 21 June 2018, be received and considered together with and in context of Debate Agenda item and 21.3 Ombudsman SA – Complaint Assessment 2018 03972 – Cr Stock.

CARRIED 223/2018 (12/09/2018)


Item 8.1 Page 8

21.2 OMBUDSMAN SA - FULL INVESTIGATION - FINAL REPORT 2018 04529 - CR STOCK

PURPOSE

To inform the Council of the Ombudsman SA’s findings following a full investigation into a complaint made by Mayor Ray Agnew about Cr Tania Stock under the Code of Conduct for Council Members.

MOTION

Moved: Cr Adam Meyer

Seconded: Cr Naomi Bittner

1. That the report be received.

2. That the Ombudsman SA be advised that Council takes no further action with respect to the Full Investigation Final Report 2018 04529 – Cr Stock.

CARRIED Cr Adam Meyer called for a division

As a consequence the result of the above motion was set aside.

In Favour: Crs Naomi Bittner, Veronica Brundell, Darren Braund, Alan Headon and Adam Meyer

Against: Crs Trevor Davey, John Rich and David Langford

The Chairperson declared the Motion

CARRIED 224/2018(12/09/2018)

The Ombudsman appears to require further Explanation for Council decision of 12 th September 2018.

The above motion should supply sufficient information to the Ombudsman’s Office to finalise their file.

I commend this Notice of Motion to Council.

ATTACHMENTS

1. Motion on Notice - Cr Adam Meyer - 10/10/2018 ⇩

CO_20181010_AGN_2125_AT_files/CO_20181010_AGN_2125_AT_Attachment_9490_1.PDF


Item 8.1- Attachment 1 Page 9














Page 16

9 QUESTIONS ON NOTICE

Nil

10 QUESTIONS WITHOUT NOTICE

11 PETITIONS

Nil


Item 12.1 Page 17

12 MAYOR

12.1 MAYOR'S MONTHLY REPORT SEPTEMBER 2018


Department: Executive Services

PURPOSE

To keep Elected Members updated on Mayoral activities during the month of September 2018.

RECOMMENDATION

That the report be received.

DISCUSSION

5 September Conducted a Citizenship Ceremony in the Principal Office at Maitland to welcome another new Australian Citizen.

9 September Attended as a guest at the Official Opening of the Mission to Seafarers new outdoor area and Memorial Garden at the Flying Angel Centre in Edithburgh.

12 September Monthly Council Meeting

16 September Attended and officially opened the Northern Yorke Peninsula Bowling Association 2018/2019 Season at the Maitland Bowls Club.

19 September Attended the Statewide Super “Driving Women in Leadership” function held at Minlaton Bowling Club as part of the Bowls Fest.

22 September Attended Bike SA’s Wine Wheels and Whiting Dinner event as a guest of Mayor Paul Thomas held at the Wallaroo Sailing Club.

26 September Attended the Audit Committee Meeting.

28 September Along with CEO Andrew Cameron and some staff members, participated in the Point Pearce 150th Celebrations.

29 September I had the privilege of presenting some of our new State Champions and other winners with their awards at the State Pistol Shooting Championships held at the Maitland Pistol and Shooting Club.

30 September Attended the Official Opening of the SYP Bowling Association 2018/2019 Season hosted by the Port Vincent Bowling Club.

ATTACHMENTS

Nil


Page 18

13 COUNCILLORS’ REPORT

Nil


Page 19

INFORMATION

AGENDA


Page 20

INFORMATION AGENDA

14 ITEMS FOR EXCLUSION

15 RECEIPT OF INFORMATION REPORTS


Item 16.1 Page 21

16 CHIEF EXECUTIVE OFFICER

16.1 CEO ACTIVITIES - SEPTEMBER 2018



PURPOSE

To keep Elected Members informed of other meetings and activities during the month of September 2018.

RECOMMENDATION


DISCUSSION

3 September Internal Meeting with Directors and Managers in relation to upcoming Council Elections and Caretaker Period.

4 September Corporate Management Team Meeting.

5 September Site Visit former Port Vincent School with Director Development Services.

7 September Local Government Professionals SA Board Meeting.

10 September Attended the screening of ‘Suicide - The Ripple Effect’ at Maitland Town Hall, hosted by SOS Yorkes.


Met with Joanne Buchanan from Regional Development Australia Yorke and Mid North.

12 September Monthly Council Meeting.

13 September Met with Sonny Coombs from Yorke Peninsula Country Times.

14 September RAA Regional Assessment of the Yorke Peninsula - Stakeholder Meeting in Kadina.


Meeting with Frank Bernhardt in regards to a proposed Edithburgh Development.

19 September District Tour to inspect recent works with Works Supervisor South, Guido Varricchio.

20 September Special Distributions Meeting with Anthony Genovese from Local Government Risk Services (LGRS).

21 September Attended the Ardrossan Community Hospital Sea Horse Memorial Garden Acknowledgement.

25 September Met with representatives of the Department of Planning, Transport and Infrastructure (DPTI) in relation to the State Government owned jetties in our Council area.

26 September Attended the KESAB Annual Meeting with the Minister for Environment and Water, Hon David Speirs MP and Cr Alan Headon.

Audit Committee Meeting.


Item 16.1 Page 22

27 September District Tour to inspect recent works with Leading Worker North, Mal Wuttke.

28 September Attended the 150 Year Celebration at Point Pearce with Mayor Ray Agnew and Council Staff.

ATTACHMENTS

Nil


Item 16.2 Page 23

16.2 ACTION LISTING REPORT



PURPOSE

To keep Elected Members updated on the status of the Action Listing.

RECOMMENDATION


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 – October 2018

2. Council Meeting Completed Action List – October 2018


Item 16.2 Page 24

Council Meeting Action List Meeting Responsible

Department Agenda Item

Minute Number

Task Due Date

13/05/2015 Development Services

DA/

DS/

R2

089/2015 Council agreed to accept care, control and management of Lot 10 Moorowie Terrace Port Moorowie CR5323/554

Application to dedicate land submitted 22/11/2017

14/11/2018

14/09/2016 Corporate and Community Services

MON 171/2016 Staff to investigate ways to reduce the 3% sustainability rate increase - various strategies

14/11/2018


MON 243/2016 Staff to conduct a review of Township Speed Limits and consult with affected communities in relation to their preferred option

12/12/2018


DA/

DS/

R5

066/2017 Entrance ramp at Yorketown Office - Access Advisory Working Party

Discussions with contractor underway

12/12/2018

12/04/2017 Executive Services

DA/

CEO/

R1

087/2017 CEO to work through design and safety issues for the Black Point Boat Ramp Walkways with all stakeholders

Project on hold indefinitely. No action as yet.

12/12/2018


DA/

DS/

R1

178/2017 Review amendment to the Port Victoria (Gulf Haven) Caravan Park Lease once valuation has been undertaken.

12/12/2018


21.3 313/2017 Staff to progress a tender process to undertake an impacts assessment on the preferred model for the Marion Bay Boat Launching Facility upgrade.

Wave monitoring and bathymetric survey currently underway.

12/12/2018


21.5 315/2017 Proceed with the installation of the outdoor gym at Edithburgh in the approved location.

12/12/2018


21.1 026/2018 Review Council’s Process for Managing the Complaints and Breaches under the Code of Conduct for Elected Members to make consideration of mediation or conciliation by an external independent person a regular step before referral of complaints to the panel.

16/01/2019


Item 16.2 Page 25

9/05/2018 Assets and Infrastructure Services

24.1 126/2018 Refresh the existing road design for the 11km section of North Coast Road and work towards submitting an application for funding through the Special Local Roads Programme 2019/2020.

14/11/2018


24.2 127/2018 Commission a review of speed zones on North Coast Road.

Awaiting advice from the Department of Planning, Transport and Infrastructure (DPTI).

13/02/2019


25.1 205/2018 Arrange for the Mayor and CEO to sign and seal the necessary documentation to grant a new lease to Port Vincent Progress Association over land known as the Port Vincent Institute and land known as the Old Port Vincent CFS Station.

14/11/2018


25.2 206/2018 Arrange for the Mayor and CEO to sign and seal the necessary documentation to grant a new lease to Port Victoria Progress Association over parcels of land known as Port Victoria Oval, Port Victoria Institute and Memorial Hall, Institute Car Park and Port Victoria Parklands.

14/11/2018


25.4 208/2018 Arrange for the Mayor and CEO to sign and seal the necessary documentation to execute the revocation of the Community Land classification for 14 Bennett Street Port Vincent.

14/11/2018


21.1 221/2018 Research the feasibility of naming a foreshore reserve at Stansbury in honour of Gayle Woodford and report back to Council on the requirements to achieve this.

14/11/2018


22.2 227/2018 Arrange to advertise the closure of Council offices over the Christmas holiday period.

12/12/2018


23.5 237/2018 Pay the Harvest Corner group additional financial support of $3,875 (GST inclusive).

Invoice requested.

14/11/2018


24.1 241/2018 Arrange for new policy PO162 Tree Management Policy to be included in Council's Policy Manual and on Council's website.

Further consultation is being undertaken in relation to SF303 Application for Rural Planting on Road Reserves, which is one of the suite of documents related to this Policy.

14/11/2018


Item 16.2 Page 26


25.5 248/2018 Arrange for the Mayor and CEO to sign and seal the necessary documentation in relation to the lease of land known as Port Vincent CFS Shed.

10/10/2018


25.7 250/2018 Undertake a Community Engagement process in relation to a proposed lease to the Arthurton War Memorial Sports Club Inc.

14/11/2018


Item 16.2 Page 27

Council Meeting Completed Action List Meeting Responsible

Department Agenda Item

Minute Number

Task Due Date


25.3 184/2018 Arrange for the Mayor and CEO to sign and seal the necessary documentation to give effect to new lease agreements for the Minlaton Sporting Grounds with the relevant clubs.

10/10/2018


24.1 204/2018 Update all relevant documentation to reflect Council's decision allowing additional waste and recycling services for residential and rural properties.

10/10/2018


25.3 207/2018 Arrange for the Mayor and CEO to sign and seal the necessary documentation to grant a new lease to Edithburgh Museum Inc. over land known as the Edithburgh Museum.

10/10/2018


21.2 224/2018 Advise the Ombudsman SA of Council's decision in relation to the Full Investigation Final Report 2018 04529 - Cr Stock.

10/10/2018


22.3 229/2018 Return the completed ballot paper nominating Mayor Dave Burgess from Mid Murray Council as preferred candidate for Local Government Association President.

10/10/2018


22.4 230/2018 Update Council's Delegations Register. 10/10/2018


23.2 233/2018 Advise all Community Grant applicants of the outcome of their submission.

10/10/2018


23.3 234/2018 Advise each Progress Association receiving an Annual Allocation of the success of their application and arrange payment of these funds.

10/10/2018


23.4 236/2018 Add the Balgowan playground shade sail to Council's Asset Register.

10/10/2018


23.6 238/2018 Pay a sponsorship contribution of $1,000 towards the Yorketown Discovery Weekend, Something for Every Body event.

10/10/2018


23.7 239/2018 Pay a financial contribution of $750 to support Shayla McKay to compete in the Fiji Cup.

10/10/2018


24.1 240/2018 Update PO125 Waste and Recycling Policy and include in Council's Policy manual and on Council's website.

10/10/2018


24.3 242/2018 Advise Tonkin Consulting of their appointment as preferred consultant to

10/10/2018


Item 16.2 Page 28

undertake a survey and review of the North Coast Road construction design.


24.4 243/2018 Update IS061 Councils Committee Membership to include endorsed members of the Roads Working Party.

10/10/2018


25.2 245/2018 Submit an application to the Liquor and Gambling Commissioner requesting the implementation of a Dry Area at Stansbury foreshore and oval precincts for New Year’s Eve.

10/10/2018


25.3 246/2018 Advise relevant stakeholders of Council's decision to waive boat launch fees for local oyster growers until 30 June 2019 and develop a process for managing this decision.

26/09/2018


25.4 247/2018 Provide the Dog and Cat Management Board with Council's endorsed Animal Management Plan for their approval.

10/10/2018


25.8 251/2018 Prepare a Development Plan Amendment document in relation to the rezoning of land at Edithburgh.

12/12/2018


27.2 257/2018 Advise successful tender outcome to all involved in process Material Supply 2018/2019 Tender 188/2018.

10/10/2018


27.3 261/2018 Advise successful tender outcome to all involved in process Purchase of One Prime Mover with One Side Tipper Tender 189/2018.

10/10/2018


27.4 265/2018 Advise successful tender outcome to all involved in process Roadside Spraying 2018/2019 Tender 190/2018.

10/10/2018


Item 16.3 Page 29

16.3 POWER LINE ENVIRONMENT COMMITTEE (PLEC) ANNUAL REPORT 2017/2018



PURPOSE

To provide Elected Members with a copy of the Power Line Environment Committee (PLEC) Annual Report 2017/2018.

RECOMMENDATION



Goal: 2 Community Connected through Infrastructure

Strategy: 2.5 Explore provision of new infrastructure

BACKGROUND

The Power Line Environment Committee (PLEC) exists to assist Local Government with initiatives to enhance aesthetics of a location by undergrounding power lines. The PLEC Scheme requires Local Government to contribute 1/3 of a project’s cost with the other 2/3 being funded by PLEC.

Elected Members will be aware of Council’s Power Line Undergrounding Project in Minlaton being completed through the PLEC Scheme. Stage 1 of this project was completed in 2003 with Stage 2 currently nearing completion.

DISCUSSION

Council have received a copy of the Power Line Environment Committee (PLEC) Annual Report 2017/2018. A copy has been attached for Elected Members information.

ATTACHMENTS

1. Power Line Environment Committee (PLEC) Annual Report 2017-2018 ⇩



























Item 16.4 Page 42

16.4 LOCAL GOVERNMENT ELECTIONS 2018 - ENROL - NOMINATE - VOTE



PURPOSE

To update Elected Members on the Local Government Elections 2018 and provide details in relation to the local impact of the elections.

RECOMMENDATION




Strategy: 5.2 Effective leadership and informed decision making

BACKGROUND

Elected Members would all be aware that 2018 is a Local Government Election year. Elections are held every four (4) years with the current Council due to finish early in November 2018. The Local Government (Elections) Act 1999 and Local Government (Elections) (Miscellaneous) Amendment Act 2009 provide the legislative framework for the Local Government Elections. The Electoral Commission SA manage the election process on behalf of all Councils within the state. Mick Sherry was appointed as the Commissioner for the SA Electoral Commission in February 2017 he is also appointed as the Returning Officer for the Election process. All voting is done via a postal system.

DISCUSSION

The Local Government Association (LGA) has been managing the marketing campaign for the upcoming Local Government elections with the focus on three (3) distinct phases of the campaign.

In an effort to engage with the wider community and the 50% approximately of non-resident ratepayers, every effort has been made to create the best possible distribution of election marketing material for our Council area.

We have printed, distributed, posted on social media and the website, displayed flyers, included banners on Council staff email signatures and provided regular updates of information, in addition we have worked closely with the YP Country Times on promotion. The Electoral Commission also retains some responsibility for the management of official public notices required by the legislation.

All costs associated with the Local Government Elections are borne by the responsible Council regardless of where the management or process is undertaken.

Enrol – Nominate – Vote – 3 phase Marketing Campaign

Enrol

This was the first phase of the campaign with the focus on encouraging eligible people to enrol on the YPC Voters roll to enable them to vote later in the year. There is a legislative requirement for the Chief Executive Officer (CEO) to purge the Voters roll pursuant to the following Section of the Local Government (Elections) Act 1999:

Section 13 A (2) of the Act outlines the following:


Item 16.4 Page 43

(2) Each council—

(a) must, in a year in which a periodic election is to be held, during the period commencing on 1 January of that year and ending on the day fixed by the returning officer for the close of the roll, inform potential electors in its area (other than those referred to in section 14(1)(a)) of the requirement to apply to be enrolled on the voters roll; and

(b) may arrange advertising relating to any matters referred to in subsection (1)

It is also the role of the CEO to inform potential electors of the requirement to apply to be enrolled to vote. To achieve this a letter was prepared and forwarded to all those people eligible to apply for enrolment. In total we posted out 6,061 letters and emailed a further 195 = 6,256. The costs for printing, enveloping and lodgement at Australia Post were $1,653 (via a print firm), with a further $4,951 spent on postage. In addition to these costs we also placed an Enrol Election Flyer in with every rate notice that was posted out at the approximate cost $500.

Despite the level of effort to ensure that all possible steps were taken to encourage ratepayers to become engaged in the Council elections we only have 73 individuals or group/body corporate (15 Kalkabury, 33 Gum Flat and 25 Innes/Penton Vale Ward) entries on our supplementary Council roll. This is an extremely disappointing result equating to around 1% return on effort and investment in our ambition to engage with the wider community and especially those non-resident ratepayers who generally own holiday properties who make up around 45% of the ratepayers.

In addition to these processes we have established a thorough presence on the Council’s web page linking into the LGA 3 phase marketing campaign and are regularly updating this information and posting on Council’s facebook page.

Nominate

At the close of nominations at 12 midday on Tuesday 18 September we had received the following nominations with all four (4) elections being contested:

Mayor x 3

Kalkabury Ward x 8

Gum Flat Ward x 4

Innes/Penton Vale Ward x 8

A copy of the nominations, in Ballot Paper Order, public notice released by the Electoral Commission SA is attached for information.

All potential nominees will be campaigning over the coming weeks in preparation for Voting and the delivery of voting materials to eligible people will commence in the week beginning 22 October 2018. All votes must be returned by the close of voting at 5.00pm Friday 9 November 2018.

Voting

The count of votes will be undertaken on Saturday 10 November commencing with the Mayoral election followed by the 3 x Ward Elections.

During the 2014 LG Elections 4,742 ballot packs were returned of all those distributed to members on the House of Assembly and Supplementary rolls. This is a 50.87% return rate for ballot material, 143 ballot packs were rejected at scrutiny. A nominee must achieve the specified quota to be elected. A break down of the count of valid ballot papers including quota numbers from the 2014 election is below:

Kalkabury Ward 1442 Quota 289

Gum Flat Ward 1461 Quota 366

Innes/Penton Vale Ward 1644 Quota 329

It is anticipated that a similar return may be experienced during the 2018 election.


Item 16.4 Page 44

ATTACHMENTS

1. Yorke Peninsula Council Nominations - Media Release - ECSA - 2018 ⇩





Item 16.5 Page 46

16.5 HILLSIDE MINE COMMUNITY VOICE MINUTES



PURPOSE

To provide Elected Members with the latest endorsed minutes from the Hillside Community Voice Group.

RECOMMENDATION



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 4 June 2018 meeting are attached for Elected Members information.

ATTACHMENTS

1. Minutes - Hillside Mine Community Voice - 04/06/2018 ⇩









Item 17.1 Page 50

17 CORPORATE AND COMMUNITY SERVICES

17.1 YP LEISURE OPTIONS WORKING PARTY MINUTES - 23 AUGUST 2018


Department: Corporate and Community Services

PURPOSE

The YP Leisure Options Working Party is a Working Party of Council. A copy of the minutes of their meeting held on Thursday 23 August 2018 is attached.

RECOMMENDATION



Goal: 4 Community Engaged and Supported

Strategy: 4.10 Continue to provide Council’s ‘Leisure Options’ services

BACKGROUND

To keep Council and the community informed of progress in the delivery of the YP Leisure Options programme.

DISCUSSION

Business discussed at the meeting centred around:

Coordinators Update;

2017/2018 Final Budget Position;

Grant Funding Update;

2018/2019 Budget;

Final Report - Socio Economic Impact from NDIS on Regional Local Government;

Staff Resignation; and

Christmas Party

ATTACHMENTS

1. Minutes - YP Leisure Options Working Party Meeting - 23/08/2018 ⇩









Item 17.2 Page 54

17.2 AUDIT COMMITTEE MINUTES - 26 SEPTEMBER 2018



PURPOSE

The Audit Committee is a Section 41 Committee of Council. A copy of the minutes from their meeting held on 26 September 2018 is attached.

RECOMMENDATION




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

Treasury Management Performance 2017/2018

External Audit Management Report 2017/2018

Balance Date External Audit Attendance 2017/2018

Internal Audit Activity Report

Risk Management Activity Report

Asset Management Update

ATTACHMENTS

1. Audit Committee Minutes - 26/09/2018 ⇩















Item 18.1 Page 61

18 ASSETS AND INFRASTRUCTURE SERVICES

18.1 CONSTRUCTION AND MAINTENANCE WORKS


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 October 2018 meeting of Council.

RECOMMENDATION



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) is ongoing. The table below reflects all roads to be serviced by the contactor, completing the three (3) year contract. The statuses are defined as follows:

o Not Commenced

o Stage 1 – Bulk horizontal cut

o Stage 2 – Bulk horizontal cut/vertical removals/envelope widths

o Completed

Road Name Start Point End Point Status

South

Happy Valley Road Yorke Highway South Coast Road Completed

Foul Bay Road Yorke Highway South Coast Road Completed

Coonarie East Road Foul Bay Road Wild Dog Hill Road Completed

Sandy Point Road Coonarie East Road South Coast Road Completed

Nugent Road South Coast Road 1.5km east of South Coast Road

Completed


Item 18.1 Page 62

Wild Dog Hill Road South Coast Road Yorke Highway Completed

Little Sheoak Road Point Turton Road Murdock Road Completed

Cartwright Road Boundary Road Dead End Competed

Diamond Lake Road Boothill Station Road Troubridge Hill Road Completed

Munkowurlie Road St Vincent Highway New Honiton Road Completed

Brentwood Road Harry Butler Road Weavers Road Completed

North

Hean Road Port Victoria Road Spencer Highway Completed

Summer Track Francis Road Black Bobs Road Completed

Francis Road Smith Road Cunningham Road Not Commenced

Bridgman Road Cunningham Road Clinton Road Not Commenced

Piggery Corner Road Hasting Road Yorke Valley Road Completed

Pistol Club Road Clinton Road North South Road Not Commenced

Mine Hill Road North South Road Gillis Road Completed

Johnson Road Gillis Road Ardrossan Road Completed

Gillis Road Johnson Road Maitland Road Not Commenced

Simmons Road Maitland Road Standpipe Road Completed

Whittaker Road Standpipe Road Ardrossan Road Completed

Kenny Road Ardrossan Road Mason Road Completed

Rowntree Road Dowlingville Slant Road Graham Road Completed

Graham Road Clinton Road Old Boundary Road Completed

Rose Road Old Boundary Road Willing Road Completed

Coleman Road Correll Road Yorke Highway Completed

Jacobs Lane Yorke Highway Birkin Road Completed

Birkin Road Yorke Highway Kainton Road Completed


Item 18.1 Page 63

Lakes Road Pipeline Road Arthurton Road Not Commenced

Cadd Road Weetulta Tank Road Arthurton Road Not Commenced

Fuss Road Arthurton Road Agery Road Not Commenced

Coote Road Pedler Road Waylands Road Not Commenced

Sunnyvale Road Agery Road Upper Yorke Road Not Commenced

Killoran Road Upper Yorke Road Kainton Road Not Commenced

Wayside Road Kainton Road Yararoo Road Completed

Bridge Road Upper Yorke Road Kainton Road Completed

Wallyalla Road Kainton Road Yararoo Road Completed

Pootawana Road Upper Yorke Road Yararoo Road Completed

Yararoo Road Pootawana Road Kainton Road Completed

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 The Pines Township Corny Point Road Completed

Hundred Line Road Corny Point Road White Hut Road Current

Cape Yorke Road South Coast Road Foul Bay Road Programmed

North

Koch Road Old Boundary Road Balgowan Road Completed

Heinrich Road Balgowan Road Old Boundary Road Completed

Bull Ant Road Spencer Highway Weetulta Tank Road Current

Black Bobs Road Yorke Highway St Vincent Highway 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 88 Operators – 2 days Annual Leave / 1 day Personal Leave

Maitland 79 Operators – 5 days Annual Leave


Item 18.1 Page 64

Minlaton 82 Operators – 1 day Personal Leave / 1 day TOIL / 2 1/4 days Alternate Duties

South 84 Operators – 1 day Personal Leave / 2 days TOIL / 1 day Alternate Duties

The status of road construction and maintenance requirements is summarised in the table below, complementing 2018/19 budget allocations:

Road Description of Works Work Status Estimated Completion Date

Pine Point Road

Reconstruct and resheet a 5km section from James Well Road to Sandy Church Road.

Ongoing End-February 2019

Pine Point Road

Reconstruct and resheet a 4.5km section from 3km west of the Yorke Highway to Sandy Church Road.

Ongoing End-March 2019

Nalyappa Road Reconstruct and resheet a 2.6km section.

Ongoing Early-November 2018

Dump Road Reconstruct and resheet a 1.8km section.

Ongoing End-February 2019

Old Coast Road Reconstruct and resheet a 2.5km section.

Ongoing End-December 2018

Weavers North Road Reconstruct and resheet a 2km section.


Troubridge Hill Road Reconstruct and resheet a 2.4km section.


Brutus Road Reconstruct and resheet a 2.4km section.

Ongoing End-March 2019

Corny Point Road Reconstruct and resheet a 1.6km section.

Programmed End-December 2018

Old Port Vincent Road

Reconstruct and resheet a 2km section.

Programmed End-March 2019

Sundowner Lake Road

Blowouts Completed

Gulfview Road, Stansbury

Patch work Completed

Lime Kiln Road, Stansbury

Patch work Completed

The following works/upgrades have been applied to Council’s Community Wastewater Management Schemes (CWMS), Water Schemes and Stormwater Harvesting Schemes:

CWMS

o Effluent blockage cleared (Tiddy Widdy Road) Ardrossan

o Buffer tank pipework upgraded (WWTP) Ardrossan

o Effluent blockage cleared (Ynoo Avenue) Maitland

o Repairs to decant pump (WWTP) Maitland

o Decant tank cleaned out (WWTP) Point Turton

o Pump station pumps relocated (WWTP) Point Turton

o Investigations into water irrigation system electrical fault (oval) Port Victoria

o Installation of new chlorine dosing pump (WWTP) Port Vincent


Item 18.1 Page 65

o Pipework upgraded (WWTP) Port Vincent

o Decant tank cleaned out (WWTP) Port Vincent

o Waste tank cleaned out (WWTP) Port Vincent

Water Schemes

o Connection saddle to house replaced (Fifth Street) Balgowan

o Installation of new access lids to storage tanks Black Point

o Electrical components damaged by the water leak replaced Desalination Plant

Stormwater Harvesting Schemes

o Completion of kerbing and some bitumen sealing (stage four) Ardrossan

o Installation of electrical isolator to pump (catchment dam) Minlaton

(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.)

Footpath rework has been completed within identified streets in Hardwicke Bay, James Well, Maitland, Minlaton, Port Julia and Port Victoria.

Approximately forty-five (45) Customer Service Requests (CSRs) have been attended to by staff throughout September with activities including:

o Coastal infrastructure maintenance

o Maintenance to public buildings

o Repairs to play equipment

o Repairs to public conveniences

o Responding to illegal dumping

o Stormwater infrastructure maintenance

o Tree trimming

The Black Point, Port Minlacowie, Port Vincent and Stansbury boat ramps were pressure cleaned to remove the build-up of algae in the intertidal zone to prevent slipping.

Attention to parks, gardens and reserves is programmed in accordance with available resources.

The town reserve within Point Pearce had two (2) large rocks placed, dolomite fines laid, and trees and shrubs planted in preparation for the commemoration of the 150 th anniversary of the establishment of the community.

An 11m by 7m pad was constructed at the Edithburgh foreshore, just south of the jetty, in preparation for the installation of outdoor gym equipment.

Additional work was undertaken as part of the Edithburgh Shores project, including grass being planted, retaining walls being built, and walkways being levelled and rolled.

The Minlaton airstrip was slashed.

Approximately 110m of kerb was lifted along Maitland Terrace, Maitland and the area prepared for new kerb to be laid.

Street sweeping activities have been undertaken within the southern townships.

Sections of pavers in Robert Street, Maitland were relaid as they had been lifted by plane tree root invasion.

Four (4) driveway reinstatements were completed in Yorketown.

A 200mm section of concrete edging was installed at the Port Vincent Marina to divide the lawn area and an area that is to be planted out with small shrubs and ground cover.

Jetpatching activities are ongoing within the southern sector of the district.


Item 18.1 Page 66

The status of works forming part of the Main Township Footpath Replacement Programme in Minlaton is summarised in the table below:

Location Area Work Status

Main Street Between North Terrace and Third Street (east side)

Completed

Main Street Between North Terrace and Third Street (west side)

Ongoing

Main Street Between Third Street and Fourth Street (east side)

Completed

Main Street Between Third Street and Fourth Street (west side)

Completed

In addition, the section of footpath adjacent to the condemned Uniting Church building on Warooka Road, Yorketown was completed following the demolition of the Church.

ATTACHMENTS

Nil


Item 19.1 Page 67

19 DEVELOPMENT SERVICES

19.1 SWIMMING POOL AUDIT INSPECTIONS


Department: Development Services

PURPOSE

To provide information regarding the recent swimming pool inspections following a recall of non-compliant swimming pool gate latches.

RECOMMENDATION




Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls

BACKGROUND

On 29 March 2018, a voluntary recall was announced by SafeTech Hardware Australia Pty Ltd for non-compliant swimming pool gate latch assemblies. The non-compliant latch assemblies identified by the manufacturer were found defective from January 2014.

An investigation into the particular products found that the gate latch assemblies did not comply with the Australian Standards relating to safety barriers for private swimming pools. If the gate is open, turning the key in the striker component of the gate may cause the gate to remain locked in the open position and prevent the gate from closing and latching.

Accordingly, in an attempt to capture any non-compliant swimming pool gate latch assemblies, all privately owned swimming pools approved from January 2014 were inspected by Council’s Building Officers.

DISCUSSION

Council’s Building Officers inspected 25 privately owned swimming pools between Thursday 14 June and Wednesday 4 July 2018. The inspections revealed that none of the 25 swimming pool safety barriers were installed with non-compliant gate latch assemblies.

In addition to the non-compliant gate latch assemblies, all swimming pools were inspected for their safety barriers and filtration systems to ensure compliance and maintenance with the relevant Australian Standards.

Of the 25 swimming pools inspected, compliance issues relating to the safety barriers were found on 3 swimming pools. The compliance issues identified on the safety inspections were followed up by Council’s Building Officers and were resolved.

ATTACHMENTS

Nil


Item 19.2 Page 68

19.2 INSPECTORIAL REPORT



PURPOSE

To inform Council of the activities of the Inspectorial Team.

RECOMMENDATION





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

Rangers investigated several reports of dogs wandering at large.

A dog was brought into the Minlaton Council Office by a member of the public. A scan of the dog revealed it had a microchip implanted. The dog was returned to the person responsible for the dog, who was cautioned for the dog wandering at large.

Two dogs have been impounded in Maitland. The first one was brought into the Maitland Council Office as a result of it wandering at large at Elizabeth Street, Maitland. The dog was returned to the owner the following day following payment of pound fees and registering the dog. They were also issued with an Expiation Notice for keeping an unregistered dog.

Another dog was impounded after it was observed by a Ranger wandering at large in Bowman Terrace, Maitland. The dog was placed in the pound and claimed a short time later. The dog was returned to its owner after paying the appropriate impound fees and registering the dog.

A Balgowan resident and a Maitland resident were spoken to in relation to their dogs wandering at large. Both dogs were chased home by staff but not detained. Both persons were cautioned as a result of the dog wandering at large.

Dog Attack

Council’s Ranger attended at a farming property at Urania regarding an ongoing complaint of sheep being attacked by unknown dogs. After a search of the area staff were unable to locate any dogs that may have been responsible for the attack. Bush Camping


Item 19.2 Page 69

Rangers conducted regular patrols at the bush camping reserves. The number of people using the facilities over the winter months has been minimal, but it has been observed that the numbers have increased in recent weeks. Two Expiation Notices were issued to a group of youths camping at Gleesons Landing for not having a permit. An Expiation Notice was also issued to a couple camping at Barkers Rocks as a result of them not bothering to get a permit and a further Expiation Notice was issued to the owners of a van that camped for two nights at the Point Turton boat ramp.

Boat Ramps

Routine patrols of boat ramps have been undertaken to ensure that users are paying for the use of the facilities.

Twenty One Notices have been placed on vehicles during the past month 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.

During the past month seventeen Expiation Notices have been issued to users of the boat ramps for launching without a permit.

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 and footpaths.

An Expiation Notices have been issued to the driver of a vehicle in Yorketown for stopping in a disabled parking area and not displaying a permit and another in Maitland for stopping on a continuous yellow line.

Local Nuisance and Litter Control

Council Rangers have followed up complaints in relation to nuisance being caused by smoke from the burning of vegetation in townships and noisy roosters.

A Maitland resident was given a $210 Expiation Notice as a result of him depositing cardboard in the Rocky Bend Reserve, Nalyappa. The alleged offender removed the rubbish after being spoken to by Council’s Ranger.

A person was cautioned as a result of bill posting on vehicles at the Pt Vincent Marina car park.

A Tiddy Widdy resident has been issued with an Abatement Notice to remedy the Local Nuisance of unsightly premises as a result of clutter in their front yard.

Fire Prevention

The district inspection in relation to the issuing of S105 Notices pursuant to the Fire and Emergency Services Act to reduce fuel loads on properties commenced on 17 September 2018. As a result of the inspection, 1253 notices have been issued to private property owners to reduce the fuel loads, whilst a further 28 letters were sent to Government Agencies advising them of properties that need fuel reductions.

ATTACHMENTS

Nil


Item 19.3 Page 70

19.3 CORRESPONDENCE - DOG AND CAT MANGEMENT BOARD - ANIMAL MANAGEMENT PLAN



PURPOSE

To provide Elected Members with correspondence received from the Dog and Cat Management Board (the Board) in regard to Council’s Animal Management Plan.

RECOMMENDATION





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. The plan must cover a period of 5 years and be presented to 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.

At the 12 September 2018 Council meeting, Council endorsed the draft Animal Management Plan for a period of five years, commencing on the date approved by the Board.

DISCUSSION

Council received correspondence from the Board dated 18 September 2018, approving Council’s Animal Management Plan relating to dogs and cats. The Animal Management Plan will come into effect from 8 December 2018 and is authorised for a period of 5 years.

ATTACHMENTS

1. Correspondence - Dog and Cat Management Board ⇩





Item 19.4 Page 72

19.4 DEVELOPMENT APPLICATION DECISIONS



PURPOSE

To inform the Elected Members of Development Application decisions for the period 3 September to 28 September 2018.

RECOMMENDATION



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 3 September to 28 September 2018.

Yorketown

544/1045/2018 544/1148/2018 544/1159/2018

544/1182/2018 544/1218/2018 544/1220/2018

544/1224/2018 544/1236/2018 544/1244/2018

544/1255/2018 544/1256/2018 544/1267/2018

544/1268/2018 544/1280/2018 544/1284/2018

544/1291/2018 544/1293/2018 544/1294/2018

544/1298/2018

Maitland

544/1056/2018 544/1075/2018 544/1115/2018

544/1189/2018 544/1197/2018 544/1210/2018

544/1241/2018 544/1251/2018 544/1274/2018

544/1275/2018 544/1279/2018 544/1285/2018

544/1292/2018 544/1303/2018

Land Division


Item 19.4 Page 73

544/D048/2005 544/D010/2018 544/D015/2018

544/D016/2018

ATTACHMENTS

1. Approval Listing - Development Application Decisions - 10/10/2018 ⇩











Item 19.5 Page 78

19.5 WASTEWATER SYSTEM APPLICATION DECISIONS



PURPOSE

To inform the Elected Members of Wastewater Application decisions for the period 3 September to 28 September 2018.

RECOMMENDATION





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 3 September to 28 September 2018.

Maitland

050/036/2018 050/052/2018 050/055/2018

Yorketown

050/056/2017 050/104/2017 050/027/2018

050/061/2018 050/064/2018 050/066/2018

ATTACHMENTS

1. Wastewater System Application Decisions - September 2018 ⇩





Page 80

20 VISITORS TO THE MEETING

Nil


Page 81

DEBATE

AGENDA


Page 82

DEBATE AGENDA

21 MAYOR

Nil


Item 22.1 Page 83

22 CHIEF EXECUTIVE OFFICER

22.1 ELECTION OF LGFA REPRESENTATIVE BOARD MEMBERS



PURPOSE

To seek Council’s endorsement for nominating their preferred candidates for the Local Government Finance Authority of South Australia (LGFA) Board.

RECOMMENDATION

That Council nominates ……………….. and ……………….. as their preferred candidates to be Representative Members on the Board of the Local Government Finance Authority of South Australia.



Strategy: 5.2 Effective leadership and informed decision making

BACKGROUND

The Local Government Finance Authority of South Australia (LGFA) was established under the Local Government Finance Authority Act 1983 to work for the benefit of Councils and other Local Government Bodies within South Australia.

The LGFA is managed by a Board of Trustees. Every two years the Board Members are subject to election, appointment or re-appointment. Two trustees are nominated by the Local Government Association of South Australia (LGA), one trustee is the CEO of the LGA, two members are elected by Councils, one trustee is appointed by the Treasurer and the other is the Minister for Finance’s representative. A representative member of the Board holds office for a term of two years commencing on the first day of January in the year next succeeding the year in which he or she was elected or appointed.

DISCUSSION

Yorke Peninsula Council are one of the Member Councils who support the LGFA with deposits and use of their loan facilities.

The LGFA has forwarded ballot papers to member Councils seeking their preferred candidates for the two (2) Council Representative Members on the LGFA Board. The nomination period has seen nine (9) individuals nominate to take on these positions.

The candidates are:

Colin Davies (CEO, The Flinders Ranges Council)

Paul Duka (Director Corporate Services, Wattle Range Council)

Peter Field (Councillor, City of Tea Tree Gully)

Karen Hockley (Councillor, City of Mitcham)

Tony Lines (General Manager City Services, City of Marion)

Annette Martin (Manager Financial Services, City of Charles Sturt)

Steve Mathewson (Director Services, City of Adelaide)


Item 22.1 Page 84

John Sanderson (Councillor, City of Mitcham)

Michael Sedgman (CEO, Rural City of Murray Bridge)

Correspondence received from the LGFA outlining the election process and the accompanying completed candidate profiles supplied by the LGFA have been attached to this report for Elected Members information.

Some candidates have submitted requests for support of their nomination and these have been forwarded to Elected Members as they are received.

In order to provide each Elected Member (including the Mayor on this occasion) with an equal vote in this matter, voting will be undertaken at the October Council Meeting by secret ballot with all Elected Members being offered a ballot paper to mark their preferred candidates. The votes will then be tallied to determine the Council’s preferred candidates and the official ballot paper marked accordingly and returned to the LGFA.

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 Finance Authority of South Australia (LGFA)

POLICY IMPLICATIONS

Not applicable.

BUDGET AND RESOURCE IMPLICATIONS

Not applicable.

RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS

Local Government Finance Authority Act 1983

ATTACHMENTS

1. Advice - Election of Board Representatives - Local Government Finance Authority - Ballot Papers ⇩



























Item 23.1 Page 97

23 CORPORATE AND COMMUNITY SERVICES

23.1 FINANCIAL REPORT AS AT 30 SEPTEMBER 2018



PURPOSE

For Council to consider the financial report and capital projects update report as at 30 September 2018.

RECOMMENDATION

That Council receive the financial report and capital projects update report as at 30 September 2018.



Strategy: 5.1 Openness and transparency of reporting Council’s performance

5.2 Effective leadership and informed decision making

BACKGROUND

A financial report and a capital projects update report (projects over $25,000) is presented monthly for Council’s consideration in accordance with Policy PO142 Budget Reporting and Amendment. These reports encompass results to the end of each calendar month preceding each scheduled Council meeting.

DISCUSSION

The attached financial reports are submitted with the following qualifications, comments and notes:

Actuals included in the Uniform Presentation of Finances (UPF) are as incurred at close of business on the last day of the month being reported and may be subject to end of month adjustments. Any such adjustments will be incorporated in the following monthly report.

The reports do not include year-end income and expense accruals.

Both reports include year to date Commitments i.e. orders raised but not yet paid for.

Attachment 1 - Uniform Presentation of Finances (UPF)

o Note 1 - Rates, Service Charges (Waste, CWMS and Water), NRM Levy and Rate

Rebates, totalling approximately $23m, have been raised for the 2018/2019 financial year but are only due and payable either in full in September 2018 or by quarterly instalments in September 2018, December 2018, March 2019 and June 2019.

o Note 1 - grants, subsidies & contributions of $731k received to date.

o Note 1 – no dog registration income has been collected unlike previous years. This

is due to the change in the process which is now undertaken by the State Government through Dogs and Cats Online (DACO). As a result Council will only get funds from DACO on a quarterly basis. While this change has streamlined the process for dog owners and Council, our cash flow has been slightly impacted.

o Note 1 - income from building and planning activity of approximately $58k and

septic tank registration fees of approximately $9k is included.


Item 23.1 Page 98

o Note 1 - also included here are approximately $56k of reimbursements and

miscellaneous income.

o Note 1 - $523k collected for user charges (boat ramps, caravan parks, cemetery

fees, hall hire, etc.) are included in the total income.

o Note 2 - the following major expenditure has been paid in advance early in the

2018/2019 financial year as per the required payment terms with the goods and services to be delivered or consumed over the remainder of the financial year:

Memberships/Subscriptions/Contributions/Donations: $257k;

YP Community Transport: $71k;

Regional Development Australia: $15k;

Annual Progress Payments: $42k;

LGA: $30k;

Legatus: $11k;

Various staff professional accreditations/ memberships: $16k;

YP Tourism: $48k;

Caravan Parks x 4: memberships, online system subscriptions: $17k;

Miscellaneous donations/contributions: $7k;

IT Licence Fees: $195k;

Plant & Equipment Registration: $121k.

o Note 2 - commitments of approximately $3.0m include orders worth approximately

$2.3m for waste management and refuse collection and disposal services in 2018/2019.

o Note 2 – finance costs (interest on loans) of $27k have been incurred year to date.

o Note 2 - depreciation for the first three (3) months of the financial year (being

3/12ths of the 2018/2019 budget estimate) has been included in the YTD expenditure.

o Notes 3 & 4 - commitments of approximately $4.4m (including approved rollovers)

for various capital projects, details of which can be found in Attachment 2 of this report.

Attachment 2 – Capital Projects Update Report

o All Year to Date expenditure in this report includes invoices paid to date and orders

outstanding. The total of this amount is then compared against the current budget to provide the budget remaining.

o It should be noted that the month end balances in the capital report are different to

those in Attachment 1 – UPF. This is due to the UPF reflecting the actuals as at the last day of the month, whereas the capital report includes some month end adjustments, correction to existing purchase orders and raising of new ones, backdated journals and correction of incorrectly allocated amounts. Making these adjustments means the report shows expenditure incurred as well as expenditure forecast for the remainder of the year along with budget remaining against each project.


Level 1 - Inform


Item 23.1 Page 99



Corporate Management Team

Manager Financial Services

Budget and Project Managers

Accountant – Financial Management

Accountant – Financial Operations


Nil

POLICY IMPLICATIONS

PO 142 Budget Reporting and Amendment Policy


This is the third update since the endorsement of Council’s 2018/2019 Budget adopted in June 2018. At this early stage financial performance remains on track against adopted Budget. Elected Members should note the 2017/2018 financial statements are currently undergoing final audit procedures and once finalised will impact Council’s 2018/2019 forecast financial position and financial ratios. The details of this impact will be included in Council’s 2018/2019 September quarterly budget review.

Some projects/works from 2017/2018 that remained incomplete as at 30 June 2018 were endorsed by Council to be carried forward to 2018/2019. This occurred at the August 2018 Council meeting. The impact of that will be included in the 2018/2019 September quarter budget review to be considered by Council at its November 2018 meeting. Carried forward amounts for these projects will not be included in Council’s 2017/2018 Financial Statements but will impact Council’s forecast 2018/2019 Budget, financial position and financial ratios.

Expenditure on capital projects has increased significantly since last month given a number of tenders were endorsed by Council in September 2018. 52% of the budget (including endorsed rollovers) remains uncommitted.

Elected Members will note that, as advised during adoption of the 2018/2019 Budget, Council once again received in advance approximately 50% of its 2018/2019 Financial Assistance Grant allocation. Approximately $1.216m was received in June 2018 and will be recognised as income in 2017/2018. As a result Council’s 2017/2018 Financial Statements will be impacted as will Council’s 2018/2019 Budget. Adjustments to the current Budget will be made at the September quarterly budget review to be undertaken as at 30 September 2018 and considered by Council at its November 2018 meeting.


Monthly financial reporting provides a transparent and comprehensive reporting regime that allows Council to track performance against financial targets established in its annual budget.

Council risks being seen as not being transparent if financial performance is not reported periodically and Elected Members could be asked to make decisions without knowing the impact on Council’s financial position.

There is a significant risk that non-achievement of agreed milestones for grant funded capital projects could result in a delay in Council receiving grant funds, not receiving funds or having to return funds already received. This would have a significant negative impact on Council’s budget and cash flow.

Local Government Act 1999

Local Government (Financial Management) Regulations 2011


Item 23.1 Page 100

ATTACHMENTS

1. Uniform Presentation of Finances as at 30 September 2018 ⇩ 2. Capital Projects Update as at 30 September 2018 ⇩










Page 105

24 ASSETS AND INFRASTRUCTURE SERVICES

Nil


Item 25.1 Page 106

25 DEVELOPMENT SERVICES

25.1 DEVELOPMENT PLAN AMENDMENT FUNDING AGREEMENT - REVIEW THE ZONING OF LAND AT EDITHBURGH TO RURAL LIVING



PURPOSE

To authorise the Mayor and Chief Executive Officer to sign and affix the Common Seal to the developer funded Development Plan Amendment Deed to review the zoning of land at Edithburgh. .

RECOMMENDATION

That Council authorise the Mayor and Chief Executive Office to sign and affix the Common Seal to the Development Plan Amendment Funding Deed to review the zoning of land at Edithburgh.




BACKGROUND

In August 2018 Council received a submission from land owner, RJ and BL Badman (the Proponent) seeking Council support to undertake a developer funded Development Plan Amendment to have land rezoned from Primary Production Zone to Rural Living Zone.

DISCUSSION

At the 12 September 2018 Council Meeting, a report was presented to Council outlining The Proponents proposal.

Council endorsed supporting the preparation of a Development Plan Amendment (DPA) to review zoning and policies applicable to land at Edithburgh, as contained in Certificates of Title Volume 5708 Folio 687, Volume 5783 Folio 441, Volume 5703 Folio 207 and Volume 5703 Folio 201, subject to the Proponent entering into a contract with Council for the preparation of the DPA to be completed by Council’s Planning Consultant at no cost to Council.

The funding agreement has been prepared and now requires Councils endorsement.


Level 1 - Inform



Manager Development Services

Senior Development Officer


Nil

POLICY IMPLICATIONS

Not applicable


Item 25.1 Page 107


The DPA will be fully funded by the Proponent (RJ & BL Badman).

It is anticipated that the process should be completed within 12 months of commencement, during which time there will be some in kind support provided by staff within the Development Services Department.


Section 38(1) of the Local Government Act 1999, provides that the Common Seal of a Council must

not be affixed to a document except to give effect to a resolution of the Council.

ATTACHMENTS

1. Development Plan Amendment Funding Deed ⇩



























Page 120

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


Page 121

CONFIDENTIAL AGENDA

27 CONFIDENTIAL ITEMS

Nil

28 NEXT MEETING

Wednesday 14 November 2018

29 CLOSURE

Documents

Agenda of Ordinary Council Meeting - 10 October 2018 · 2018-10-06 · COUNCIL MEETING AGENDA 10 OCTOBER 2018 Item 8.1 Page 6 8 MOTIONS ON NOTICE 8.1 NOTICE OF MOTION - CR ADAM MEYER