agenda of ordinary council meeting - 13 june 2018 · 2018-06-08 · council meeting agenda 13 june...
TRANSCRIPT
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date: Wednesday, 13 June 2018
Time: 5.30pm
Location: Council Chambers
Minlaton Town Hall
57 Main Street
Minlaton
AGENDA
Ordinary Council Meeting
13 June 2018
Roger Brooks
ACTING CHIEF EXECUTIVE OFFICER
COUNCIL MEETING AGENDA 13 JUNE 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 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 Naomi Bittner - Presented to 13 June 2018 Council Meeting .................................................................................................................... 6
9 Questions on Notice .......................................................................................................... 14
9.1 Questions on Notice - Cr Adam Meyer (under separate cover) .............................. 14
10 Questions without Notice .................................................................................................. 14
11 Petitions ............................................................................................................................. 14
Nil
12 Mayor .................................................................................................................................. 15
12.1 Mayor's Monthly Report May 2018 ......................................................................... 15
12.2 Deputy Mayor's Monthly Report May 2018 ............................................................. 16
13 Councillors’ Report ............................................................................................................ 17
Nil
INFORMATION AGENDA ............................................................................................................ 19
14 Items for Exclusion ............................................................................................................ 19
15 Receipt of Information Reports ......................................................................................... 19
16 Chief Executive Officer ...................................................................................................... 20
16.1 CEO Activities - May 2018...................................................................................... 20
16.2 Action Listing Report .............................................................................................. 21
16.3 NRM Levy - 2018/19 - Plans for Improvement - Correspondence ........................... 24
16.4 Correspondence from Downer EDI Works .............................................................. 27
16.5 Correspondence from the Remuneration Tribunal .................................................. 31
16.6 Correspondence from the Local Government Grants Commission ......................... 33
17 Corporate and Community Services ................................................................................ 36
17.1 Request for Extension - AGL Wattle Point Wind Farm Community Funding ........... 36
18 Assets and Infrastructure Services .................................................................................. 43
18.1 Construction and Maintenance Works .................................................................... 43
19 Development Services ....................................................................................................... 49
19.1 Inspectorial Report ................................................................................................. 49
19.2 Development Application Decisions ....................................................................... 52
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19.3 Wastewater System Application Decisions ............................................................. 56
20 Visitors to the Meeting....................................................................................................... 58
Nil
DEBATE AGENDA ....................................................................................................................... 60
21 Mayor .................................................................................................................................. 60
Nil
22 Chief Executive Officer ...................................................................................................... 61
22.1 Policy Update - PO138 Caretaker Policy ................................................................ 61
22.2 Policy Update - PO140 Petition Management Policy .............................................. 69
22.3 Request for Financial Support - Adelaide City Council ........................................... 76
23 Corporate and Community Services ................................................................................ 83
23.1 Financial Report as at 31 May 2018 ....................................................................... 83
23.2 Speed Limit Review Results Updated .................................................................... 91
23.3 Light Church Edithburgh - Community Grant Extension ......................................... 99
23.4 Draft 2018/2019 Annual Business Plan, Budget and Fees and Charges - Public Consultation............................................................................................... 102
24 Assets and Infrastructure Services ................................................................................ 114
24.1 Policy Update - PO096 Memorial Plaques ............................................................ 114
24.2 Policy Update - PO145 Desalination Plant Policy ................................................. 118
25 Development Services ..................................................................................................... 125
25.1 Policy Update - Council Assessment Panel Delegations Policy PO127 and review of Terms of Reference and Meeting Procedures Documents .................... 125
25.2 Member Appointment to the Council Assesment Panel ........................................ 145
25.3 Proposed Amendments to Community Land Management Plans ......................... 147
25.4 Policy Update - Enforcement Policy PO141 ......................................................... 150
25.5 Policy Update - Commercial use of Footpaths PO040 .......................................... 156
25.6 Access Advisory Working Party Minutes .............................................................. 160
25.7 Proposed New Lease - Pine Point Progress Association Inc. - Pine Point Institute ................................................................................................................ 166
25.8 Proposed New Lease - Southern Yorke Peninsula Community Telecentre Inc. .... 168
25.9 Revocation of Community Land - Bennett Street, Port Vincent ............................. 170
26 General Business............................................................................................................. 182
CONFIDENTIAL AGENDA ......................................................................................................... 183
27 Confidential Items ............................................................................................................ 183
Nil
28 Next Meeting .................................................................................................................... 183
Wednesday 11 July 2018
29 Closure ............................................................................................................................. 183
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1 WELCOME BY MAYOR
Meeting declared opened
2 OPENING PRAYER
3 PRESENT
4 LEAVE OF ABSENCE
CEO Andrew Cameron
5 APOLOGIES
Nil
6 CONFLICT OF INTEREST
7 MINUTES OF PREVIOUS MEETING – FOR CONFIRMATION
Ordinary Council Meeting - 9 May 2018
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Item 8.1 Page 6
8 MOTIONS ON NOTICE
8.1 NOTICE OF MOTION - CR NAOMI BITTNER - PRESENTED TO 13 JUNE 2018 COUNCIL MEETING
Document #: 18/40756
I, Councillor Naomi Bittner, give notice that at the next Ordinary Meeting of Council to be held on 13 June 2018, I intend to move the following motion:-
RECOMMENDATION
That all future Council meetings and formal public meetings and events hosted by Council include, in their opening, an Acknowledgement of Country.
REASON
After nearly four years on Council now, I have been to quite a number of meetings and functions hosted by other Councils, the Local Government Association of South Australia, the Australian Local Government Association, other levels of government and government departments. Without fail the opening speaker always acknowledges the native name and traditional owners of the land.
Given that we are now officially acknowledged as the Narungga electorate, I think it is more than time that we follow suit.
I commend this Notice of Motion to Council.
ATTACHMENTS
1. Motion on Notice - Cr Naomi Bittner - Acknowledgement of Country - June 2018 ⇩ 2. Motion on Notice - Welcome to and Acknowledgement of Country ⇩
3. Motion on Notice - Acknowledgement of Country Statements ⇩
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9 QUESTIONS ON NOTICE
9.1 QUESTIONS ON NOTICE – CR ADAM MEYER
Under separate cover
10 QUESTIONS WITHOUT NOTICE
11 PETITIONS
Nil
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Item 12.1 Page 15
12 MAYOR
12.1 MAYOR'S MONTHLY REPORT MAY 2018
Document #: 18/37629
Department: Executive Services
PURPOSE
To keep Elected Members updated on Mayoral activities during the month of May 2018.
RECOMMENDATION
That the report be received.
DISCUSSION
15 April – 21 May Leave of Absence.
23 May Met with representatives from Minlaton Golf Club in relation to the completion of their Community Grant funded project.
Elected Members Workshop.
24 May Hosted a Morning Tea at the Minlaton Town Hall as part of National Volunteer Week celebrations, thanking all our Council area’s volunteers on behalf of the community.
25 May Attended the Legatus Group Meeting at Kapunda.
ATTACHMENTS
Nil
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12.2 DEPUTY MAYOR'S MONTHLY REPORT MAY 2018
Document #: 18/37685
Department: Executive Services
PURPOSE
Deputy Mayor Scott Hoyle has been performing many Mayoral duties whilst Mayor Ray Agnew OAM was on a leave of absence. This report is to keep Elected Members updated on these Mayoral activities during the month of May 2018.
RECOMMENDATION
That the report be received.
DISCUSSION
4 May Attended the Call to Country Service honouring over 100 years of military service by Aboriginal veterans from Point Pearce and surrounding districts in defence of our country. Cr Jeff Cook and Mrs Jackie Reddaway also attended on behalf of Council.
6 May Attended and gave a short address at the Official Opening of the new Ardrossan Visitor Information Outlet with CEO Andrew Cameron and Anne Hammond – Manager Business and Public Relations.
9 May Monthly Council Meeting.
21 May CEO Andrew Cameron and I met with Member for Narungga Fraser Ellis MP, congratulating him on his successful election and providing a brief introduction to our Council.
23 May Attended a presentation by students from Ardrossan Area School in relation to the “Pitt Stop” Project that they worked with Council and the Ardrossan Progress Association to complete which involved creating a colourful, sea themed mural on the toilet block near the Ardrossan jetty.
Elected Members Workshop.
24 May Attended the National Volunteer Week Morning Tea at the Minlaton Town Hall to thank all our Council area’s volunteers on behalf of the wider community.
ATTACHMENTS
Nil
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13 COUNCILLORS’ REPORT
Nil
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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 - MAY 2018
Document #: 18/37014
Department: Executive Services
PURPOSE
To keep Elected Members informed of other meetings and activities during the month of May 2018.
RECOMMENDATION
That the report be received.
DISCUSSION
1 May Along with Roger Brooks - Director Development Services, we attended the Coastal Council’s Forum hosted by the Local Government Association.
4 May Attended the Legatus – Regional Management Group meeting in Clare.
6 May Along with Deputy Mayor Hoyle, Anne Hammond – Manager Business and Public Relations we attended the Ardrossan Visitor Information Outlet Opening.
7 May Corporate Management Team meeting.
9 May Monthly Council Meeting.
10 May Meeting with DPTI and the National Heavy Vehicle Regulator in relation to Road Train Access.
11 May Local Government Professionals SA Board Meeting.
15 May Corporate Management Team meeting.
15 May Organisational Wide Staff Meeting held at Maitland.
16 May Organisational Wide Staff Meeting held at Yorketown.
17 May Meeting with Sonny Coombs – Yorke Peninsula Country Times.
18 May Blue Infrastructure Steering Committee.
21 May Deputy Mayor Scott Hoyle and I met with Member for Narungga Fraser Ellis MP, congratulating him on his successful election and providing a brief introduction to our Council.
22 May Corporate Management Team Meeting.
23 May Attended a presentation by students from Ardrossan Area School in relation to the “Pitt Stop” Project that they worked with Council and the Ardrossan Progress Association to complete which involved creating a colourful, sea themed mural on the toilet block near the Ardrossan jetty.
ATTACHMENTS
Nil
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Item 16.2 Page 21
16.2 ACTION LISTING REPORT
Document #: 18/37736
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 - June 2018 ⇩
2. Council Meeting Completed Action List - June 2018 ⇩
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16.3 NRM LEVY - 2018/19 - PLANS FOR IMPROVEMENT - CORRESPONDENCE
Document #: 18/36966
Department: Executive Services
PURPOSE
To provide Elected Members with correspondence received from David Speirs MP Minister for Environment and Water in relation to the NRM Levy.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.2 Effective leadership and informed decision making
BACKGROUND
Elected Members will recall the dissatisfaction associated with the Government’s impost on Local Government requiring Council to collect the NRM Levy on their behalf.
DISCUSSION
The new Liberal Government Minister for Environment and Water has sent correspondence in relation to proposed improvements in the way that the NRM system operates within South Australia as part of the Government’s reform agenda. (copy attached)
As part of this reform process they seek to undertake an extensive consultation process with local councils, landowners, NRM Boards and other key stakeholders.
ATTACHMENTS
1. Advice - NRM Levy Collection 2018-2019 - Plans for Improvement ⇩
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16.4 CORRESPONDENCE FROM DOWNER EDI WORKS
Document #: 18/37961
Department: Executive Services
PURPOSE
To provide Elected Members with correspondence received from Downer EDI Works Pty Ltd in relation to the Upper Yorke Peninsula Regional Road Network Upgrade Program.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 2 Community Connected through Infrastructure
Strategy: 2.4 Create partnerships with State Government to maintain State's assets (roads, jetties etc.)
BACKGROUND
Elected Members would be aware that over the past few months Downer EDI Works Pty Ltd (Downer) have been completing works in our region on behalf of the Department of Planning, Transport and Infrastructure (DPTI) as part of the Upper Yorke Peninsula Regional Road Network Upgrade Program.
DISCUSSION
Correspondence has been received from Downer advising Council of the now completed road safety improvements and thanking Council for their ongoing support and contribution to the program.
ATTACHMENTS
1. Advice - Completion of Works - Upper Yorke Peninsula Regional Road Network Upgrade
Program ⇩
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16.5 CORRESPONDENCE FROM THE REMUNERATION TRIBUNAL
Document #: 18/40623
Department: Executive Services
PURPOSE
To provide Elected Members with correspondence received from the Remuneration Tribunal in relation to the 2018 Review of Allowances for Local Government Council Members.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.2 Effective leadership and informed decision making
BACKGROUND
In accordance with Section 76 of the Local Government Act 1999 (SA), the Remuneration Tribunal is required to review and make determinations on allowances for members of local government on a four yearly basis. These determinations must be made prior to the designated day for each set of periodic elections held under the Local Government (Elections) Act 1999. The designated day for the forthcoming local government elections is 4 September 2018.
DISCUSSION
Correspondence has been received advising Council that the Tribunal has initiated a review of its previous determinations in relation to Local Government Council Allowances and inviting affected parties to make written submissions.
A copy of the Guidelines for written submissions is available on the Tribunal’s website located here http://remtribunal.sa.gov.au/content/local-government-allowances.
ATTACHMENTS
1. Advice - Remuneration Tribunal - Allowances for for Local Government Council
Members ⇩
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16.6 CORRESPONDENCE FROM THE LOCAL GOVERNMENT GRANTS COMMISSION
Document #: 18/41011
Department: Executive Services
PURPOSE
To provide Elected Members with correspondence received from Mary Patetsos, Chair of the Local Government Grants Commission, in relation to new legislation that will govern future changes to Council boundaries.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.2 Effective leadership and informed decision making
BACKGROUND
The Local Government Boundary Adjustment Facilitation Panel has been the body responsible for management of changes to Council boundaries under the Local Government Act 1999 in the past.
New legislation will come into force on 1 January 2019 that will significantly reform the processes within the Local Government Act 1999 that govern changes to Council boundaries. The Local Government Grants Commission was requested to prepare the Guidelines for the operation of the new boundary change process.
DISCUSSION
The Chair of the Local Government Grants Commission, Mary Patetsos, has written to Council seeking comment on the draft Guidelines and advice on any boundary change proposals that are being considered.
The draft guidelines have been prepared and are available on the Office of Local Government’s website at www.dpti.sa.gov.au/local_govt. An extract from the Introduction in the guidelines is included below.
The Local Government (Boundary Adjustment) Amendment Act 2017 (the Amendment Act) reforms the legislative provisions that govern how council boundaries can be changed under the Local Government Act 1999 (the Act). Legislative framework
The legislative framework that underpinned the Amendment Act was based on review work undertaken by the Office of Local Government (OLG) and the Local Government Association (LGA), as overseen by the Premier’s State/Local Government Forum. The Act therefore reflects the principles and processes for local government boundary adjustments and reform that were endorsed by the LGA Board and the Premier’s State/Local Government Forum. To give effect to the framework, the Amendment Act amends Chapter Three, Part Two of the Act to allow for a more efficient process to progress minor boundary changes, and to enable freer debate and discussion on more significant boundary change proposals. The legislation will commence on 1 January 2019.
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Item 16.6 Page 34
Key elements of the Amendment Act
The Amendment Act removes the limitations and inefficiencies in the current boundary change processes contained within the Act. Some of these include current restrictions on who can initiate reform proposals, burdensome procedural requirements and the necessity for two or more councils to agree with reform proposals from members of the public. The key elements of the Amendment Act are:
a simpler and broader initiation process, allowing proposals to be initiated by a single council or the Minister for Local Government;
the introduction of a simplified pathway for administrative (minor) proposals;
establishing the Local Government Grants Commission (the Commission) as an independent Commission to undertake the initial assessment of proposals, oversee investigations, and make recommendations to the Minister; and
independent analysis of general proposals—significant boundary changes, amalgamations or significant structural reform—by one or more investigators with the relevant expertise for each proposal.
an independent analysis of significant boundary change or amalgamation proposals, by investigators with expertise relevant to each proposal.
ATTACHMENTS
1. Advice - Consultation on Draft Guidelines - Local Government Grants Commission ⇩
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Item 17.1 Page 36
17 CORPORATE AND COMMUNITY SERVICES
17.1 REQUEST FOR EXTENSION - AGL WATTLE POINT WIND FARM COMMUNITY FUNDING
Document #: 18/37464
Department: Corporate and Community Services
PURPOSE
To advise Council of requested extensions for grants awarded under the 2017/2018 AGL Wattle Point Wind Farm Community Fund that have been supported by AGL.
RECOMMENDATION
That the report be received.
LINK TO STRATEGIC PLAN
Goal: 4 Community Engaged and Supported
Strategy: 4.4 Continue providing community grants, donations and sponsorships
BACKGROUND
The AGL Wattle Point Wind Farm Community Fund has been designed to support communities affected by the AGL operations in the Yorke Peninsula Region. Applications for funding opened in November 2017 with $30,000 being made available to community groups. Successful applicants were advised in December 2017 by letter and informed that projects/acquittals were to be completed by 30 June 2018.
DISCUSSION
Two (2) community groups, Curramulka Community Club and Edithburgh Museum, have approached Council to advise that their projects will not be completed by 30 June 2018 and have requested an extension in relation to their grant funding.
These requests were sent to AGL representative, Matt Osborne, for consideration. Mr Osborne, on behalf of AGL has fully supported and approved the extension for both of these projects.
The requests and AGL’s supporting approval were forwarded to the Grants Working Party (GWP) for information and feedback. Members of the GWP also supported the extensions. No further action is required by Council at this time.
ATTACHMENTS
1. Curramulka Community Club - Request for Extension ⇩
2. Curramulka Community Club - Request for Extension - AGL Response ⇩ 3. Edithburgh Museum - Request for Extension ⇩
4. Edithburgh Museum - Request for Extension - AGL Response ⇩
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18 ASSETS AND INFRASTRUCTURE SERVICES
18.1 CONSTRUCTION AND MAINTENANCE WORKS
Document #: 18/41006
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 June 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) is progressing throughout the district. The table below reflects the current status of this 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
Hickman Road Old Coast Road Dans Road Completed
Mulburra Park Road Cemetery Road Old Coast Road Completed
Sheoak Flat Road Old Coast Road Cemetery Road Completed
Main Road Port Vincent Road St Vincent Highway Completed
Powerline Road Yorke Highway Port Vincent Road Completed
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Item 18.1 Page 44
Twelve Mile Road St Vincent Highway Yorke Highway Completed
Vinecombe Road St Vincent Highway Twelve Mile Road Completed
Sparrow Road Yorke Highway Redding Road Completed
Bittner Road Yorke Highway Sparrow Road Completed
North
Porky Road Yorke Highway Germein Road Completed
Boundary Road St Vincent Highway Sparrow Road Not Commenced
Ross Road St Vincent Highway Yorke Highway Not Commenced
Yorke Valley Road Spencer Highway Yorke Highway Stage 1
Black Bobs Road Yorke Highway Wauraltee Road Stage 2
Mount Rat Wells Road Spencer Highway Mount Rat Road Completed
Nelligan Road Spencer Highway Wauraltee Road Completed
Andrews Road Spencer Highway Davies Road Completed
McFarlane Road Pine Point Road Davies Road Not Commenced
Davies Road Yorke Valley Road Boundary Road Stage 2
North South Road Clinton Road Germein Road Completed
Yarrum Road Spencer Highway Pine Point Road Completed
James Well Road Yorke Highway Pine Point Road Completed
Lodge Road Standpipe Road Piggery Corner Road Completed
Hasting Road Piggery Corner Road Pine Point Road Completed
Back Road Maitland Road Pine Point Road Completed
Lizard Park Road Barley Stacks Road Port Victoria Road Completed
South Kilkerran Road Spencer Highway Balgowan Road Completed
Miller Road Port Victoria Road Balgowan Road Completed
Cross Road Miller Road Nalyappa Road Completed
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Item 18.1 Page 45
Information regarding roadside vegetation maintenance activities undertaken by Council are detailed in the table below:
Road Name Start Point End Point Status
South
Old Port Vincent Road
Button Road Sundown Lake Road Completed
Hundred Line Road White Hut Road The Pines Programmed
North
Conservation Drive Port Victoria Bertram Road Completed
Saint Road West Terrace South Kilkerran Road Completed
Moody Road South Kilkerran Road Chinaman Wells Road Completed
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 95 Operators –1 day Personal Leave
Maitland 88 Operators – 3 days Annual Leave
Minlaton 92 Operators – 1 day Personal Leave / 1 day Other Duties
South 85 Operators – 1 day Personal Leave / 1 day TOIL / 2 days Other Duties
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
Nelligan Road 1 section of patch sheeting (total area 3,520m2)
Completed
Black Bobs Road 7 sections of patch sheeting (total area 11,600m2)
Completed
Roolama Road 3 sections of patch sheeting (total area 7,250m2)
Completed
Davies Road 7 sections of patch sheeting (total area 6,940m2)
Completed
Bittner Road 2 sections of patch sheeting (total area 4,000m2)
Completed
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Powerline Road 2 sections of patch sheeting (total area 3,600m2)
Completed
Boundary Road 2 sections of patch sheeting (total area 400m2)
Completed
Cook Road 1 section of patch sheeting (total area 2,560m2)
Completed
Redding Road 1 section of patch sheeting (total area 1,680m2)
Completed
Kainton Road 7 sections of patch sheeting (total area 20,500m2)
Completed
Melton South Road 4 sections of patch sheeting (total area 23,850m2)
Completed
Reservoir Road Patch sheeting (sections) Current Early-June 2018
McLeay Road Patch sheeting (sections) Programmed Early-June 2018
Patch Work
Point Annie Road Blow out patch work Completed
Reconstructing and Resheeting
South Coast Road Reconstruct and resheet an estimated 14kms of identified sections.
Ongoing End-June 2018
Fuller Road Widening and resheeting identified areas.
Commenced End-June 2018
Approximately sixty (60) Customer Service Requests (CSRs) have been attended to by staff throughout May with activities including:
o Footpath maintenance
o Maintenance to public buildings
o Maintenance to stormwater infrastructure
o Responding to acts of vandalism
o Responding to illegal dumping
o Street name blade replacement
o Traffic control device installation
o Tree trimming
The Minlaton Powerline Undergrounding Project (PLEC) is nearing its final stages with the following update provided by the project manager:
o Stobie poles have been removed.
o Nu-Gen Power & Storage successfully completed the AS3000 changeovers.
o Lendlease have completed the high voltage changeovers.
o All public lighting infrastructure has been installed.
o The following activities will take place prior to the completion of the project:
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Item 18.1 Page 47
Civil Tech will finalise the reinstatement of roads, kerbing and footpaths. Access ramps will be upgraded as required. The road will be resealed as required. SA Power Networks and Council will conduct a final walkover.
Surface rework has been completed upon identified sections of footpaths within the townships of Curramulka, Hardwicke Bay, Maitland, Price and Warooka.
Sections of hand railing upon the Port Victoria and Wool Bay jetties has been replaced.
Attention to parks, gardens and reserves is programmed in accordance with available resources.
Operational staff assisted with stonework to the town entrance feature into Port Clinton.
The coastal access stairs at Mozzie Flat have been extended.
Staff installed sign frames around Warooka CBD footpaths complementing the historic signage display project undertaken by the Warooka Progress Association.
Stormwater infrastructure has been installed within Weaners Street, Yorketown to direct stormwater into the detention area upon the vacant allotment recently acquired by Council.
Jetpatching activities are ongoing within the northern sector of the district.
The ticket machine at the Edithburgh boat launching facility has been relocated to the entrance to the facility in an effort to minimise exposure to salt spray; therefore, minimising the impact of rusting.
The following works/upgrades have been applied to Council’s Community Wastewater Management Schemes (CWMS) and Water Schemes:
CWMS
o WWTP decant tank valving replaced Ardrossan
o Chlorine tank level monitoring system upgraded Ardrossan
o Back-up irrigation pump installed Black Point
o Irrigation pipe repaired Bluff Beach
o WWTP chlorine tank replaced Maitland
o Manhole replaced with maintenance shaft Maitland
o WWTP aerator replaced Point Turton
o WWTP shed roof replaced Port Victoria
o Pump station level control upgraded Port Victoria
o Decant tank valving repaired Stansbury
o Flowmeter installed to irrigation pipe Yorketown
Water Schemes
o Delivery line pump replaced Desalination Plant
o Alarm modem replaced Hardwicke Bay
(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 have commenced in Warooka. The status of these works is summarised in the table below:
Location Area Work Status
Brentwood Road, Main Street and Player Street
Corner of Main Street and Brentwood Road to Third Street
Commenced
Main Street Between Brentwood Road and Oval Avenue (north side)
Commenced
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 18.1 Page 48
Roadside vegetation regrowth control forming part of the weed spraying contract has been carried out upon 804kms of Council’s unsealed road network.
Street sweeping activities have been undertaken within central townships.
ATTACHMENTS
Nil
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 19.1 Page 49
19 DEVELOPMENT SERVICES
19.1 INSPECTORIAL REPORT
Document #: 18/36417
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
A dog was impounded as a result of a complaint in relation to wandering at large on the foreshore at Sultana Point. The dog was returned to its owner the following day after recieving payment of the impounding fee. The owner was cautioned in regard to the dog wandering at large.
In addition, a Point Turton resident received an Expiation Notice as a result of their dog wandering at large.
Dog Attack
A Stansbury resident reported that she suspects a neighbour’s dog has killed approximately 80 of her ducks and chickens. Inquiries are continuing in relation to this incident.
A Foul Bay resident of Hundred Line Road reported the neighbour’s three dogs had been regularly roaming on their land. It is reported that the dogs were recently observed on the land attacking/harassing poultry. A Dog Control Order is being placed on the dogs and the owner will be issued with an Expiation Notice.
A Ranger was called out after hours to a school in Maitland as a result of two dogs harassing people trying to exit a meeting room at the school. It was reported that as soon as a door was opened the dogs jumped at the door and were very aggressive. The dogs were seized and subsequently impounded. Staff checked the security of the dog’s yard and interviewed the owner of the dogs to ascertain how the dogs escaped. The dogs were subsequently returned upon the payment of an impounding fee. Dog Control Orders will be placed on both of the dogs and an Expiation Notice will be issued to the owner as a result of the incident. The Ranger ascertained that both dogs’ registrations are current.
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 19.1 Page 50
Bush Camping
Rangers have conducted regular patrols at the bush camping reserves. Those campers that had not obtained a bush camping permit prior to setting up camp were requested to obtain a permit in the normal manner. The numbers of people using the Bush Camping locations has dramatically decreased in the last month. One Expiation Notice was issued to a group of campers who set up camp illegally at the Ardrossan boat launching facility.
Boat Ramps
Routine patrols of boat ramps have been performed to ensure that users are paying for the use of the facilities. Five 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. Three Expiation Notices have also been issued to persons using the facilities that have not complied with Council’s by-law in relation to the use of the boat launch facilities.
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 has been issued to the driver of a vehicle stopped adjacent to a continuous yellow line in Ardrossan.
An elderly resident of Yorke Valley has been cautioned for parking in a disabled car park in Maitland, whilst not the holder of a disabled permit. She was encouraged to make application for a permit.
A vehicle was left abandoned in Shannon Terrace, Maitland. The vehicle is suspected of being left at that location by persons that were involved in criminal activities in the vicinity. The vehicle has subsequently been impounded.
Fire Prevention
The fire danger season concluded on 30 April 2018.
It has been noted over the years there has been a significant reduction in the amount of burn-offs conducted. This year we only issued 148 permits, which resulted in 462 notified burn-offs. It is pleasing to note that 354 (76.6%) of these burn-off notifications were done by the permit holder online, which has assisted to reduce Council’s administrative resources.
Comparison data is provided below for information.
Year Permits issued Notifications
2012 328 1344
2013 280 858
2014 267 1032
2015 245 752
2016 200 585
2017 208 839
2018 148 462
Local Nuisance and Litter Control
Several complaints have been followed up in relation to smoke becoming a nuisance as a result of persons burning off in townships. If a person is burning and the smoke becomes a nuisance or is likely to be a nuisance, the person responsible for the fire may be issued with a $500 Expiation Notice.
Many complaints are being received in relation to nuisance being caused by the excessive number of pigeons in many locations. A professional shooter has been engaged by Council to undertake a
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 19.1 Page 51
trial pigeon control program in the townships of Yorketown, Stansbury and Ardrossan. The trial has commenced and it is expected to conclude within several weeks.
ATTACHMENTS
Nil
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 19.2 Page 52
19.2 DEVELOPMENT APPLICATION DECISIONS
Document #: 18/38843
Department: Development Services
PURPOSE
To inform the Elected Members of Development Application decisions for the period 30 April to 25 May 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 30 April to 25 May 2018.
Yorketown
544/1048/2015 544/1040/2018 544/1086/2018
544/1087/2018 544/1099/2018 544/1110/2018
544/1111/2018 544/1129/2018
Maitland
544/1033/2017 544/1289/2017 544/1431/2017
544/1456/2017 544/1465/2017 544/1478/2017
544/1018/2018 544/1024/2018 544/1034/2018
544/1044/2018 544/1049/2018 544/1067/2018
544/1081/2018 544/1083/2018 544/1094/2018
544/1097/2018 544/1098/2018 544/1104/2018
544/1113/2018 544/1116/2018 544/1121/2018
544/1125/2018
ATTACHMENTS
1. Approval Listing - Development Application Decisions - May 2018 ⇩
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 19.2- Attachment 1 Page 53
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Item 19.2- Attachment 1 Page 54
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Item 19.2- Attachment 1 Page 55
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 19.3 Page 56
19.3 WASTEWATER SYSTEM APPLICATION DECISIONS
Document #: 18/38890
Department: Development Services
PURPOSE
To inform the Elected Members of Wastewater Application decisions for the period 30 April to 25 May 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 30 April to 25 May 2018.
Maitland
050/002/2018 050/008/2018 050/013/2018
050/014/2018 050/018/2018 050/023/2018
050/024/2018
Yorketown
050/003/2018 050/022/2018
ATTACHMENTS
1. Wastewater Application Decisions - May 2018 ⇩
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 19.3- Attachment 1 Page 57
COUNCIL MEETING AGENDA 13 JUNE 2018
Page 58
20 VISITORS TO THE MEETING
Nil
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Page 59
DEBATE
AGENDA
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Page 60
DEBATE AGENDA
21 MAYOR
Nil
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Item 22.1 Page 61
22 CHIEF EXECUTIVE OFFICER
22.1 POLICY UPDATE - PO138 CARETAKER POLICY
Document #: 18/37889
Department: Executive Services
PURPOSE
To seek endorsement and approval from Council for the updated PO138 Caretaker Policy.
RECOMMENDATION
That Council endorse and approve the updated PO138 Caretaker Policy for inclusion in Council’s Policy Manual and on the Council website.
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
The PO138 Caretaker Policy is due for review, in preparation for Local Government Elections to be held later in the year.
DISCUSSION
With Council Elections being held later this year, Section 2 of this policy has been updated to include the commencement date of the upcoming caretaker period, the inclusion of the Code of Conduct for Council Members and note that this policy does not apply to supplementary elections.
Information in relation to the Chief Executive Officer informing Councillors and staff of the commencement of a caretaker period has been added to Section 4 of the policy and information outlining the kinds of decisions excluded from the definition of a designated decision for the purposes of Section 91A of the Local Government (Elections) Act have been included in Section 4.1 of the policy.
Other minor changes to wording have been made throughout the policy and the Local Government (Elections) Regulations 2010 has been added to the references and legislation listed in Section 9 of the policy.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
CEO
Executive Assistant to the CEO and Mayor
Governance Officer
In preparing this report, the following external parties were consulted:
Local Government Association
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.1 Page 62
POLICY IMPLICATIONS
PO138 Caretaker Policy
BUDGET AND RESOURCE IMPLICATIONS
Not applicable
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
It is essential that Council has the appropriate policies and delegations in place to ensure legislative compliance.
Local Government Act 1999
Local Government (Elections) Act 1999
Local Government (Elections) Regulations 2010
Code of Conduct for Council Employees
Code of Conduct for Council Members
LGA Model Caretaker Policy
LGA Caretaker Guidelines
ATTACHMENTS
1. PO138 Caretaker Policy ⇩
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.1- Attachment 1 Page 63
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Item 22.1- Attachment 1 Page 64
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Item 22.1- Attachment 1 Page 65
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Item 22.1- Attachment 1 Page 66
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Item 22.1- Attachment 1 Page 67
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.1- Attachment 1 Page 68
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.2 Page 69
22.2 POLICY UPDATE - PO140 PETITION MANAGEMENT POLICY
Document #: 18/37897
Department: Executive Services
PURPOSE
To seek endorsement and approval from Council for the updated PO140 Petition Management Policy.
RECOMMENDATION
That Council endorse and approve the updated PO140 Petition Management Policy for inclusion in Council’s Policy Manual and on the Council website.
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
The PO140 Petition Management Policy is due for review after last being updated in June 2013.
DISCUSSION
The Policy Objectives in Section 1 of the policy have been rewritten to provide a broader overview of the policy contents. In Section 2 of the policy minor formatting changes have been made and our Council name corrected. The definitions of “petition”, “signatory” and “contact person” have been added to Section 3 of the policy and the definition of an “invalid petition” has been reformatted. Section 4 has been expanded and divided into sub-sections covering submitting a petition, electronic petitions, invalid petitions, considering petitions and requests to leave external petitions.
Standard Form SF188 Petition Pro Forma has been added to the Related Council Policies and Documents in Section 8 of the policy and the Electronic Transactions Act 2000 has been added to the References and Legislation listed in Section 9 of the policy.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
CEO
Executive Assistant to the CEO and Mayor
Governance Officer
In preparing this report, the following external parties were consulted:
Local Government Association
POLICY IMPLICATIONS
PO140 Petition Management Policy
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.2 Page 70
BUDGET AND RESOURCE IMPLICATIONS
Not applicable
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
It is essential that Council has the appropriate policies and delegations in place to ensure legislative compliance.
Local Government Act 1999
Local Government (Procedures at Meetings) Regulations 2013
Electronic Transactions Act 2000
ATTACHMENTS
1. PO140 Petition Management Policy ⇩
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.2- Attachment 1 Page 71
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.2- Attachment 1 Page 72
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.2- Attachment 1 Page 73
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.2- Attachment 1 Page 74
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.2- Attachment 1 Page 75
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.3 Page 76
22.3 REQUEST FOR FINANCIAL SUPPORT - ADELAIDE CITY COUNCIL
Document #: 18/40950
Department: Executive Services
PURPOSE
To seek Council’s views on a request for funding support received from the Local Government Association on behalf of Adelaide City Council.
RECOMMENDATION A
That Council don’t support the request for funding from the Local Government Association on behalf of the City of Adelaide.
or
RECOMMENDATION B
That Council agree to support the request for funding from the Local Government Association of $482 on behalf of the City of Adelaide.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND
The Local Government Association has a policy in place allowing for requests for funding support to be submitted where a Council is involved in litigation that has the potential to impact local government across the state.
DISCUSSION
Correspondence has been received from the Acting CEO Local Government Association on behalf of the City of Adelaide seeking financial support for a Supreme Court action that was subsequently dismissed in December 2017.
Elected Members may recall where Yorke Peninsula Council (YPC) was able to seek funding via this Local Government Association (LGA) policy for a legal case in relation to recovery of Waste and Recycling collection charges.
When YPC utilised this LGA policy, Council sought financial support prior to undertaking the Court Action to ensure that all information and a determination on indicative costs were known prior to the Court Action being taken. YPC did not receive any financial support in this instance.
In this case with the City of Adelaide defending its position in the Supreme Court, the court action dates back to Officer actions taken in relation to Fines Enforcement and Recovery in 2014 and has been ongoing for some time.
The Supreme Court dismissed Mr Consenza’s application in December 2017. Council received the request for funding support dated 25 May 2018 which was considered by the LGA at their Board Meeting held on 18 May 2017 according to their correspondence.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.3 Page 77
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:
Local Government Association
POLICY IMPLICATIONS
Not applicable.
BUDGET AND RESOURCE IMPLICATIONS
If Council agree to make the funding contribution of $482, funding would need to be paid from Council’s Professional Services - Legal Fees budget line.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Not applicable.
ATTACHMENTS
1. Request for funding support - Adelaide City Council ⇩
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.3- Attachment 1 Page 78
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 22.3- Attachment 1 Page 79
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Item 22.3- Attachment 1 Page 80
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Item 22.3- Attachment 1 Page 81
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Item 22.3- Attachment 1 Page 82
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 23.1 Page 83
23 CORPORATE AND COMMUNITY SERVICES
23.1 FINANCIAL REPORT AS AT 31 MAY 2018
Document #: 18/38347
Department: Corporate and Community Services
PURPOSE
For Council to consider the financial report and capital projects update report as at 31 May 2018.
RECOMMENDATION
That Council receive the financial report and capital projects update report as at 31 May 2018.
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
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 $22m, have been raised for the entire 2017/2018 financial year but are due and payable either in full in September 2017 or by quarterly instalments in September 2017, December 2017, March 2018 and June 2018.
o Note 1 - grants, subsidies & contributions of $3.6m received to date.
o Note 1 - dog registration income totalling approximately $112k has been collected.
o Note 1 - income from building and planning activity of approximately $170k and
septic tank registration fees of approximately $31k is included.
o Note 1 - also included here are approximately $659k of reimbursements and
miscellaneous income.
o Note 1 - $3.2m collected for user charges (boat ramps, caravan parks, cemetery
fees, hall hire, etc.) are included in the total income.
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 23.1 Page 84
o Note 2 - the following major expenditure has been paid in advance during various
times in the 2017/2018 financial year as per the required payment terms with the goods and services to be delivered over a period of time:
Memberships/Subscriptions/Contributions/Donations: $535k;
IT Licence Fees: $230k;
Plant & Equipment Registration: $139k.
o Note 2 - commitments of approximately $1.3m include orders worth approximately
$436k for waste management and refuse collection and disposal services in 2017/2018.
o Note 2 - finance costs (interest on loans) of approximately $245k are included.
o Note 2 - depreciation for eleven months of the financial year (being 11/12ths of the
2017/2018 budget estimate) has been included in the YTD expenditure.
o Notes 3 & 4 - commitments of approximately $3.1m 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.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
Manager Financial Services
Budget and Project Managers
Accountant – Financial Management
Accountant – Financial Operations
In preparing this report, the following external parties were consulted:
Nil
POLICY IMPLICATIONS
PO 142 Budget Reporting and Amendment Policy
BUDGET AND RESOURCE IMPLICATIONS
This is the second last update prior to the end of the 2017/2018 financial year. With one (1) month of the financial year remaining, financial performance remains on track against the revised Budget.
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 23.1 Page 85
Elected members should note that the third quarterly review of Council’s 2017/2018 budget as at 31st March 2018 has been completed and was endorsed by Council at its May 2018 meeting.
Expenditure on capital projects including commitments continues to increase as projects progress towards completion. With one (1) month of the financial year remaining, 8% of budgeted capital funds remain to be committed. The majority of projects carried forward from 2016/2017 are complete or nearing completion.
It should be noted that staff have been made aware by its suppliers that delivery of the replacement street sweeper on order will be delayed. Initially delivery was expected in May 2018, however, due to factors outside Council’s control it will now be delivered in late July 2018. The unfavourable impact on Council’s capital renewal expenditure (and subsequently its Asset Sustainability Ratio (ASR)) in 2018/19 will be approx. $391k. Council is committed to this expenditure and as such budget funds will need to be rolled over during the 2018/2019 budget revision.
The ASR will be further impacted by the ongoing Footpath Replacement capital project. The $1.5m project although entirely budgeted for in 2017/2018 is a two (2) year project, with completion expected in December 2019. A substantial part of the project budget will remain unspent as at 30 th June 2018 and will subsequently be rolled over to 2018/2019 for completion of the project, pending Council endorsement of rollovers in August 2018. This is likely to have a substantial impact on the ASR for 2017/2018 and 2018/2019.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
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
ATTACHMENTS
1. Uniform Presentation of Finances as at 31 May 2018 ⇩ 2. Capital Projects Update as at 31 May 2018 ⇩
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 23.1- Attachment 1 Page 86
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 23.1- Attachment 2 Page 89
Item 23.2 Page 91
23.2 SPEED LIMIT REVIEW RESULTS UPDATED
Document #: 18/37002
Department: Corporate and Community Services
PURPOSE
To inform Elected Members of the latest outcomes of the speed review consultations and to seek endorsement of these outcomes prior to making recommendations to the Department of Planning, Transport and Infrastructure (DPTI).
RECOMMENDATION
That Council:
1. endorse the recommendation to DPTI for the application of a 30 km area speed limit for the Parsons Beach Township;
2. endorse the recommendation to DPTI for the permanent location of the 30 kph (previously 50 kph) speed sign in its current position east of Bush Track, Parsons Beach;
3. endorse the recommendation to DPTI for the application of a 30 km area speed limit for the Bluff Beach Township;
4. endorse the recommendation to DPTI for the application of a 30 km area speed limit for the Port Rickaby Township; and
5. endorse the recommendation to DPTI for the application of a 50 km town speed limit for the Stansbury Township (DPTI proposed new town area).
LINK TO STRATEGIC PLAN
Goal: 2 Community Connected through Infrastructure
Strategy: 2.6 Install and upgrade appropriate traffic control device management
Goal: 4 Community Engaged and Supported
Strategy: 4.12 Continuous improvement in communicating with and engaging the community
BACKGROUND
In December 2016 a Motion on Notice was moved by an Elected Member, and subsequently carried, requesting staff conduct a review of all township speed limits that currently are not governed by the default speed limit of 50 kilometres per hour. This motion also determined that Council would consult with the community in the affected towns to establish whether they prefer to be governed by the default speed limits or prefer the application of area speed limits considered appropriate in each town.
Item 23.2 Page 92
DISCUSSION
Since 1999, the introduction of the Australian Road Rules default speed limit in built up areas of 50 kilometres per hour (kph), has been applied in South Australia.
There has been some confusion across several Yorke Peninsula towns where speed limits of 10, 30 and 40 kph have been posted without confirmation of an area speed limit being endorsed by DPTI.
Due to the existing inconsistent speed limits, anomalies can exist whereby drivers can encounter situations where the nature, design and layout of the road does not change yet the speed limit does.
This review is therefore intended to address the current inconsistencies.
Residents were consulted via:
public notice in the YP Country Times, an editorial in the YP Country Times;
letters with the survey forms sent directly to all ratepayers in the town (including a reply paid envelope; and
website and Facebook postings with links to the on-line survey form;
The consultation process was first piloted with residents of Sultana Point during the period 1 - 30 May 2017. Townships consulted during 2017 included The Pines, Couch Beach, Foul Bay, Port Moorowie, Hardwicke Bay, Chinaman Wells, Balgowan, Pine Point-Billy Goat Flat, James Well/Rogues Point and Sheoak Flat. Reports have been submitted to previous Council meetings for the endorsement of applications to DPTI in relation to these towns. It was decided that results of the consultations would be brought to Council every three (3) to four (4) months.
Consultation has subsequently continued throughout March and May 2018 for the following towns:
Stansbury
Parsons Beach
Bluff Beach
Port Rickaby
The results of these consultations are provided as an attachment to this report.
The result in Stansbury was a strong vote for a change to 50 kph throughout Stansbury as defined by the proposed new township area.
The results in Parsons Beach, Bluff Beach and Port Rickaby were an overwhelming change to the current limit of 50 kph to be reduced to an area speed limit of 30 kph, in line with other shack communities.
Item 23.2 Page 93
The next step for Council is to recommend to DPTI the change to the specific area speed limits as determined by the consultation.
If approved, Area Speed Limits will apply to all roads within the areas defined by “Area / End Area” speed limit signs.
Wool Bay and Black Point communities have now also requested a review of their current speed limits. Staff now intend to continue consulting with these and other affected towns as detailed within the attachment to this report. It is expected that all consultation will be completed by September 2018 and a final report will be submitted to Council on completion.
COMMUNITY ENGAGEMENT PLAN
Level 2 - Consult
The affected communities are provided options via the survey forms.
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Manager Business and Public Relations
Communications and Engagement Officer
In preparing this report, the following External Parties were consulted:
Nil
POLICY IMPLICATIONS
Not applicable
BUDGET AND RESOURCE IMPLICATIONS
This project does not have a specific budget. The cost of public notices and reply paid envelopes has been absorbed within existing budgets. Council has increased the hours of the Communications and Engagement Officer by one (1) day a fortnight to facilitate this project (for a maximum period of 15 months). The additional wage cost has been sourced from organisational salary savings (i.e. some positions not fully backfilled during maternity leave).
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
All recommendations outlined within this report must be approved and gazetted by the Department of Transport, Planning and Infrastructure before any change to signage can be implemented by Council.
ATTACHMENTS
1. Speed Limit Review Results - Attachments 1-3 ⇩
Item 23.2- Attachment 1 Page 94
Item 23.2- Attachment 1 Page 95
Item 23.2- Attachment 1 Page 96
Item 23.2- Attachment 1 Page 97
Item 23.2- Attachment 1 Page 98
Item 23.3 Page 99
23.3 LIGHT CHURCH EDITHBURGH - COMMUNITY GRANT EXTENSION
Document #: 18/38342
Department: Corporate and Community Services
PURPOSE
A request has been received from the Light Church, Edithburgh for Council to formally consider an extension in time for the application for funds approved as a Community Grant in 2017/2018.
RECOMMENDATION
That Council endorse an extension of the Light Church, Edithburgh 2017/2018 Community Grant of $2,800 to 30 June 2019.
LINK TO STRATEGIC PLAN
Goal: 4 Community Engaged and Supported
Strategy: 4.4 Continue providing community grants, donations and sponsorships
BACKGROUND
Light Church, Edithburgh have been held up with the completion of their project to rebuild the carols stage. This is due to the unavailability of volunteers to oversee the project due to unforeseen family issues.
DISCUSSION
The Light Church, Edithburgh is currently undertaking a project to construct a replacement stage to be used for community events. Events include Edithburgh’s Carols by the Sea, Relay for Life and a Day at the Burgh.
The design process is completed and Light Church, Edithburgh have advised Council they believe the construction of the project will be completed by October this year.
The delay is mainly due to the current unavailability of volunteers with the engineering and welding skills needed to complete the project.
All grant funds are allocated to the purchase of materials however, the construction work is to be completed solely by volunteers.
The Light Church, Edithburgh was awarded a grant for this project of $2,800 as a result of its successful application to Council’s 2017/2018 Community Grants Scheme for assistance with this project. The grant was endorsed by Council at its September 2017 meeting.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Director Corporate and Community Services
In preparing this report, the following external parties were consulted:
Light Church Edithburgh
Item 23.3 Page 100
POLICY IMPLICATIONS
PO149 Community Grants Policy
BUDGET AND RESOURCE IMPLICATIONS
The Community Grant awarded to Light Church, Edithburgh of $2,800 was provided for in the 2017/2018 Adopted Budget. Should the funds not be claimed at 30 June 2018, the full amount will be provided for as an accrued liability in the 2017/2018 adopted Financial Statements, should Council approve this extension and will therefore not impact the 2018/2019 budget.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999
ATTACHMENTS
1. Light Church Edithburgh - Request for Community Grant Extension ⇩
Item 23.3- Attachment 1 Page 101
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 23.4 Page 102
23.4 DRAFT 2018/2019 ANNUAL BUSINESS PLAN, BUDGET AND FEES AND CHARGES - PUBLIC CONSULTATION
Document #: 18/38596
Department: Corporate and Community Services
PURPOSE
To enable consideration of written submissions received during the public consultation period and any verbal submissions made by the public at the Council meeting on 13 th June 2018 in relation to Council’s Draft 2018/2019 Annual Business Plan, Budget and Fees and Charges in accordance with the Local Government Act 1999 and the Local Government (Financial Management) Regulations 2011.
RECOMMENDATION
That Council receive submissions on the Draft 2018/2019 Annual Business Plan as presented before Council at this meeting.
and
RECOMMENDATION
That Council having considered all public consultation submissions received, endorse an increase for Total General Rate Revenue to approximately $18.153m, an increase of 6.8% compared to 2017/2018.
and
RECOMMENDATION
That Council having endorsed the increase to Total General Rate Revenue of 6.8% and with reference to rating Model A2 as presented, endorse the following rate contributions (as a percentage of Total General Rate Revenue in 2018/2019) by land use category:
a. Residential: 54.93%
b. Commercial: 3.13%
c. Industrial: 0.44%
d. Primary Production: 34.68%
e. Vacant Land: 5.88%
f. Other: 0.94%
and
RECOMMENDATION
That Council having considered all public consultation submissions received, endorses the Draft 2018/2019 Annual Business Plan and Budget, subject to any amendments resulting from recommendations above and any other alterations agreed at this meeting.
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and
RECOMMENDATION
That Council having considered all public consultation submissions received, endorses the Draft 2018/2019 Fees and Charges, subject to any amendments resulting from recommendations above.
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
BACKGROUND
Each year an Annual Business Plan (ABP), Budget and Fees and Charges are produced. These documents explain the context in which the budget has been developed, provides information on what Council plans to achieve in the coming financial year, and describes how this will be funded.
The Draft 2018/2019 Annual Business Plan, Budget and Fees and Charges were advertised for public consultation on Saturday 12th May 2018 following endorsement of that action by Council at its meeting held on Wednesday 9th May 2018. The public consultation period was advertised in the Yorke Peninsula Country Times, on Council’s web site and Facebook page, with copies available from counters at all Council offices. The closing date for submissions was 5 pm on Monday 4 th June 2018.
DISCUSSION
During the public consultation period Council received thirty-seven (37) written submissions (including one via social media - Facebook) on a number of issues including but not limited to those summarised below:
Annual Business Plan Submissions Received
SUBMISSION BY: MAJOR ISSUE
Ashley Wakefield Objection - Primary Production Rate Increase
Kym Bray Residential Rate Increases
Kay Klopp Objection - Primary Production Rate Increase
Marie, David & Ron Linke Objection - Primary Production Rate Increase
Louise Wakefield Objection - Primary Production Rate Increase
Port Julia Progress Ass. Request for Reconsideration of Funding – Bush Camp Ground Toilet Upgrade
John Sandercock Request for Reconsideration of Funding – Ardrossan Stormwater Project Stage 3
Peter Stockings Lack of Economic Development/Assistance
Dorothy Way Objection - Primary Production Rate Increase
Andrew Gordon Objection - Primary Production Rate Increase
Deb Anderson Visitor Information Funding
Geoff Bagshaw Objection - Primary Production Rate Increase
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Item 23.4 Page 104
Mark Bennett Objection - Primary Production Rate Increase
Alex Brown Objection - Primary Production Rate Increase
Evan Kakoschke Objection - Primary Production Rate Increase
David Clasohm Objection - Primary Production Rate Increase
Darren Stock Objection - Primary Production Rate Increase
Cathy Glazbrook Visitor Information Funding
Greg & Cheryl Hean Objection - Primary Production Rate Increase
John & Annmarie Gordon Objection - Primary Production Rate Increase
Greg & Sarah Klopp Objection - Primary Production Rate Increase
Lynton Wakefield Objection - Primary Production Rate Increase
Edward Maher Objection - Primary Production Rate Increase
Bevan Oster Objection - Primary Production Rate Increase
Peter & Lauren Kakoschke
Objection - Primary Production Rate Increase
JA & KM Dutschke Objection - Primary Production Rate Increase
Catherine & Malcolm Redding
Objection - Primary Production Rate Increase
TJ & RM Crowell Objection - Primary Production Rate Increase
Tim Crowell Objection - Primary Production Rate Increase
Peter & Suz’Anne Warren
Objection - Primary Production Rate Increase
Richard Way Objection - Primary Production Rate Increase
Michael Schroder Residential Rate Increases
Ardrossan Progress Ass. Request for Reconsideration of Funding – Ardrossan Stormwater Project Stage 3
Phillip Whittaker Objection - Primary Production Rate Increase
Alex Brown Objection - Primary Production Rate Increase
Iain McQueen Objection – Increase in Cemetery Fees
Shane Mundy Objection - Primary Production Rate Increase
Summary of Submissions
MAJOR ISSUE NO OF SUBMISSIONS
Objection - Primary Production Rate Increase 28
Residential Rate Increases 2
Requests for Reconsideration of Funding Projects 3
Lack of Economic Development/Assistance 1
Visitor Information Funding 2
Objection – Increase in Cemetery Fees 1
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Item 23.4 Page 105
Copies of all submissions are included under separate cover for the information of Elected Members.
As required by legislation, a minimum of one (1) hour will be set aside at Council’s meeting on Wednesday 13th June 2018 to hear any submissions and/or take any questions from the public on the Draft 2018/2019 Annual Business Plan, Budget and Fees and Charges.
Rating Strategy 2018/2019 – ABP and Budget
At its meeting on Wednesday, 9th May 2018 Council endorsed Model A2 as the preferred model for the raising of General Rates in 2018/2019. This Model provides for an increase of 6.8% to total general rates in 2018/2019 resulting in total General Rate revenue of approximately $18.153m.
A number of models were presented to Council and considered by them before Model A2 was endorsed. A summary of the modelling is provided in the table below and the attachments (refer attachments 3 – 9) to this report provide full detail on the various models, variations and impacts to land use categories.
Model
Increase to Total General Rate
Income (compared to
2017/18)
Total General Rates Income
(2018/19)
Rate Increase to Land Use Categories
Residential Commercial Industrial Primary
Production Vacant Other
A 4.8% $818k $17.815m 4.2% 6.1% 9.1% 5.8% 4.0% 3.8%
A1 5.8% $984k $17.981m 4.2% 6.1% 9.1% 8.8% 4.0% 3.8%
A2 6.8% $1.156m $18.153m 4.2% 6.1% 9.1% 11.8% 4.0% 3.8%
A3 7.8% $1.325m $18.323m 4.2% 6.1% 9.1% 14.8% 4.0% 3.8%
A4 8.8% $1.495m $18.492m 4.2% 6.1% 9.1% 17.8% 4.0% 3.8%
A5 9.8% $1.664m $18.661m 4.2% 6.1% 9.1% 20.8% 4.0% 3.8%
COMMUNITY ENGAGEMENT PLAN
Level 2 - Consult
Public consultation was undertaken between Saturday 12 th May 2018 and Monday 4th June 2018. An updated Community Engagement Plan is attached (attachment 2).
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
Manager Business and Public Relations
Manager Financial Services
In preparing this report, the following external parties were consulted:
Public
Elected Members
POLICY IMPLICATIONS
PO 142 Budget Reporting and Amendment Policy
BUDGET AND RESOURCE IMPLICATIONS
The Draft 2018/2019 Annual Business Plan, Budget and Fees and Charges are generally consistent with the Long Term Financial Plan and Council’s key financial direction of reducing the operating
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Item 23.4 Page 106
deficit and dedicating funds to the renewal of assets consistent with Council’s Infrastructure and Asset Management Plans.
These documents outline the implications for budgeting and resourcing and their impact on Council services and infrastructure for the 2018/2019 financial year.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
The Annual Business Plan sets out Council’s objectives for the next twelve months and how these objectives and activities link to Council’s Strategic Management Plan. It provides Council with a clear mechanism to reach its short term goals and reduces the risk of exposure that exists in failing to meet strategic objectives.
Local Government Act 1999
Local Government (Financial Management) Regulations 2011
ATTACHMENTS
1. Community Engagement Plan - Updated ⇩ 2. Public Submissions - 2018/2019 Draft Annual Business Plan, Budget and Fees and
Charges (under separate cover) 3. Rates Model A 4. Rates Model A1 5. Rates Model A2 6. Rates Model A3 7. Rates Model A4 8. Rates Model A5
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 23.4- Attachment 1 Page 107
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Item 23.4- Attachment 3 Page 108
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Item 23.4- Attachment 4 Page 109
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Item 23.4- Attachment 5 Page 110
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Item 23.4- Attachment 6 Page 111
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Item 23.4- Attachment 7 Page 112
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Item 23.4- Attachment 8 Page 113
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 24.1 Page 114
24 ASSETS AND INFRASTRUCTURE SERVICES
24.1 POLICY UPDATE - PO096 MEMORIAL PLAQUES
Document #: 18/39419
Department: Assets and Infrastructure Services
PURPOSE
To seek endorsement and approval from Council for the updated PO096 Memorial Plaques Policy.
RECOMMENDATION
That Council endorse and adopt the updated PO096 Memorial Plaques 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
PO096 Memorial Plaques Policy is due for review after last being reviewed and updated in 2013.
DISCUSSION
Council’s Memorial Plaques Policy (PO096) exists to ensure a consistent approach is maintained in relation to the appearance and content of memorial plaques outside of designated burial areas.
The policy applies to all requests for memorial plaques outside of designated burial areas (i.e. cemeteries).
The policy is accessible to the public via Council’s website.
The following changes have been made to the policy:
“Evidence of support from the relevant progress association has been provided (mandatoryfor all applications on public land)” added to the criteria forming the basis of Council’sassessment under Policy Statement (Section 4).
Training (Section 7) added.
References and Legislation (Section 9) added.
In addition minor formatting and grammatical changes have been made.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
In preparing this report, the following external parties were consulted:
Nil
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 24.1 Page 115
POLICY IMPLICATIONS
PO096 Memorial Plaques
BUDGET AND RESOURCE IMPLICATIONS
Nil
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999
ATTACHMENTS
1. Draft PO096 - Memorial Plaques Policy ⇩
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Item 24.1- Attachment 1 Page 116
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COUNCIL MEETING AGENDA 13 JUNE 2018
Item 24.2 Page 118
24.2 POLICY UPDATE - PO145 DESALINATION PLANT POLICY
Document #: 18/39475
Department: Assets and Infrastructure Services
PURPOSE
To seek endorsement and approval from Council for the updated PO145 Desalination Plant Policy.
RECOMMENDATION
That Council endorse and adopt the updated PO145 Desalination Plant 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
PO145 Desalination Plant Policy is due for review after last being reviewed and updated in 2012.
DISCUSSION
Council’s Desalination Plant Policy (PO145) applies to the operation of Council’s seawater desalination plant at Marion Bay and Council’s supply of desalinated water to the Marion Bay community.
The policy is accessible to the public via Council’s website.
The following changes have been made to the policy:
The Marion Bay General Store and Jetty Cafe have been listed as being a premises that receives its primary potable water supply from the desalination plant (Section 4.1).
Council’s Warooka Office has been removed and the Marion Bay Caravan Park added as the location where swipe-cards for the community to access water from the desalination plant are issued from (Section 4.1).
Reference has been made to the 10kW solar bank that has been installed to help reduce electricity costs (Section 4.5).
Osmoflo has been removed as the contractor engaged to undertake plant maintenance and a generalised statement as to who is engaged to undertake this work has been made (Section 4.6).
Reference has been made to Council’s pricing being regulated by the Essential Services Commission of South Australia (Section 4.9).
The list of Related Council Policies and Documents (Section 8) has been updated.
The list of References and Legislation (Section 9) has been updated.
In addition minor formatting and grammatical changes have been made.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 24.2 Page 119
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
Infrastructure Manager
In preparing this report, the following external parties were consulted:
Nil
POLICY IMPLICATIONS
PO145 Desalination Plant Policy
BUDGET AND RESOURCE IMPLICATIONS
Nil
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999
ATTACHMENTS
1. Draft - PO145 Desalination Plant Policy ⇩
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Item 25.1 Page 125
25 DEVELOPMENT SERVICES
25.1 POLICY UPDATE - COUNCIL ASSESSMENT PANEL DELEGATIONS POLICY PO127 AND REVIEW OF TERMS OF REFERENCE AND MEETING PROCEDURES DOCUMENTS
Document #: 18/28971
Department: Development Services
PURPOSE
To seek endorsement and approval from Council for the update of Council Assessment Panel documents, PO127 Council Assessment Panel Delegations Policy, Terms of Reference and Meeting Procedures.
RECOMMENDATION
That Council;
1. endorse and adopt the updated PO127 Council Assessment Panel Delegations Policy for inclusion in Council’s Policy Manual and on Council’s website;
2. endorse the Council Assessment Panel Terms of Reference, inclusive of the reviewed Conditions of Appointment (Section 4.2) which outlines travel reimbursement to Independent Members; and
3. endorse the Council Assessment Panel Meeting Procedures.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND
PO127 Council Assessment Panel Delegations Policy is reviewed every two years. The Council Development Assessment Panel was re-named the Council Assessment Panel in 2017 as part of the transition from the Development Act 1993 to the Planning, Development and Infrastructure (PDI) Act 2016.
Further to the transition, Council is also required to review and update the Council Assessment Panel Terms of Reference (TOR) and Meeting Procedures documents.
The Council Assessment Panel was appointed the relevant authority by resolution of the Council on 13 September 2018.
DISCUSSION
South Australia is undertaking one of the largest planning reform processes in 20 years with the Development Act 1993 transitioning to the PDI Act 2016.
Due to the new legislation, updates have been made to PO127 Council Assessment Panel Delegations Policy to reflect the commencement of relevant operational provisions of the PDI Act 2016.
The policy provides the framework for Council to appoint an assessment panel whose functions include undertaking development assessment functions.
The Policy is accessible to the public via Council’s website.
The Council Assessment Panel TOR and Meeting Procedures documents have been reviewed and updated to reflect current wording and legislative changes in accordance with the PDI Act 2016.
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Item 25.1 Page 126
The most significant overall change to the TOR document is the addition of wording to the Conditions of Appointment (section 4.2) which clearly outlines travel reimbursement for Independent Members.
Independent Members who reside within the Council district will be paid the base rate (per kilometre) as per recommended by the Australian Tax Office, per meeting attendance. CAP Members who reside outside of the Council district will be paid a flat fee of $100 per meeting attendance.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
In preparing this report, the following external parties were consulted:
Nil
POLICY IMPLICATIONS
PO127 Council Assessment Panel Delegations Policy
BUDGET AND RESOURCE IMPLICATIONS
Costs associated with the operation of CAP are included in the 2018/2019 financial budget.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999
Development Act 1993
Planning, Development and Infrastructure Act 2016
ATTACHMENTS
1. Draft PO127 Council Assessment Panel Delegations Policy ⇩
2. Draft Council Assessment Panel Terms of Reference ⇩ 3. Draft Council Assessment Panel Meeting Procedures ⇩
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.1- Attachment 1 Page 127
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COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.2 Page 145
25.2 MEMBER APPOINTMENT TO THE COUNCIL ASSESMENT PANEL
Document #: 18/34128
Department: Development Services
PURPOSE
Independent Member Ms Susan Avey has tendered her resignation from the Council Assessment Panel. In accordance with the Council Assessment Panel Terms of Reference, Council is now required to appoint (1) one Independent Member to the panel.
RECOMMENDATION
That Council, having regard to Section 56A (3) of the Development Act 1993 appoint Susan Hadley as Independent Member to the Council Assessment Panel, commencing 1 July 2018 for the remainder of the current two year term, concluding 1 July 2019.
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND
Due to the recent resignation of Independent Member Susan Avey, a vacancy has become available on the Council Assessment Panel (CAP).
The CAP is to be constituted of 5 Members, with membership comprising of four (4) Independent Members and one (1) Elected Member.
The membership term is two years.
DISCUSSION
A call for Expression of Interest for the Independent Member vacancy was advertised in the Yorke Peninsula Country Times on the 10th and 17th April 2018.
The following are those who registered their interest;
Ms Susan Hadley
Mr Peter Koulizos
In relation to the appointment of Independent Members, the Terms of Reference states when appointing CAP Independent Members, the Council should give regard to the candidate’s qualifications or experience, in a field that is relevant to the activities of the Council Assessment Panel.
The current fees for the independent members are as follows;
The Presiding Member shall be paid $150 per meeting
All other Independent Members shall be paid a fee of $100 per meeting
Independent Members shall be paid travel costs per meeting in accordance with the CAP Terms of Reference
The CAP Independent Members are currently midway through their two year term, therefore Susan Hadley will be appointed as an Independent Member for the remainder of the current term
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Item 25.2 Page 146
commencing on 1 July 2018 and concluding on 1 July 2019; in accordance with Council Assessment Delegations Policy PO127.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
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:
Nil
POLICY IMPLICATIONS
Council Assessment Policy Delegations Policy PO127
BUDGET AND RESOURCE IMPLICATIONS
Costs associated with the operation of CAP are included in the 2018/2019 financial budget.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Development Act 1993
Planning, Development and Infrastructure Act 2016
Development (Development Plans) Amendment Act 2006
Development Regulations 2008
ATTACHMENTS
Nil
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.3 Page 147
25.3 PROPOSED AMENDMENTS TO COMMUNITY LAND MANAGEMENT PLANS
Document #: 18/31495
Department: Development Services
PURPOSE
To seek permission to proceed with the community engagement process for the proposed amendment to the Community Land Management Plans.
RECOMMENDATION
That Council:
1. give permission to proceed with the community engagement process for the proposed amendments of the Community Land Management Plans.
2. endorse the draft document attached, proposed Amendments to Community Land Management Plans, which constitutes the information that is required to be made available to the public as part of the public consultation phase (in accordance with Section 198 (2) of the Local Government Act 1999).
LINK TO STRATEGIC PLAN
Goal: 1 Economically Prosperous Peninsula
Strategy: 1.2 Deliver strategic and responsible land use planning
Goal: 5 Responsible Governance
Strategy: 5.1 Openness and transparency of reporting Council’s performance
BACKGROUND
In 2005 Council adopted five generic Community Land management plans for the management of its community land in accordance with Section 196, 197 of the Local Government Act 1999.
Community land is classified as all local government land (except roads) that is owned by a council or under a councils care, control and management (Crown Land).
A Community Land Management Plan must include provisions as detailed in Section 196 of the Local Government Act 1999, including performance targets and how the council proposes to measure its performance against its objectives and performance targets.
A Community Land Management Plan must also identify the land to which it applies in accordance with Section 196 of the Local Government Act 1999.
DISCUSSION
The Community Land Management Plans have been updated to ensure that relevant Council policies are recorded and performance targets and measures have been updated to current standards.
All parcels of Council owned land have been checked and reviewed to ensure consistency and to reflect the current usage of the land.
The draft Proposed Amendments to Community Land Management Plans document is provided under separate cover.
COMMUNITY ENGAGEMENT PLAN
Level 2 - Consult
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.3 Page 148
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
Manager Development Services
Operations Manager - Assets & Infrastructure
Environmental and Sustainability Officer
In preparing this report, the following external parties were consulted:
Crown Lands, Property Officer
POLICY IMPLICATIONS
PO057 Community Engagement Policy
BUDGET AND RESOURCE IMPLICATIONS
Not applicable
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Division 4 Management Plans - Sections 196, 198 Local Government Act 1999
ATTACHMENTS
1. Draft - Yorke Peninsula Council Proposed Amendments to Community Land
Management Plans (under separate cover)
2. Community Engagement Plan ⇩
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.3- Attachment 2 Page 149
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.4 Page 150
25.4 POLICY UPDATE - ENFORCEMENT POLICY PO141
Document #: 18/35328
Department: Development Services
PURPOSE
To seek endorsement and approval from Council for the updated PO141 Enforcement Policy.
RECOMMENDATION
That Council endorse and adopt the updated PO141 Enforcement 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
PO141 Enforcement Policy is due for review every three years. The policy was last reviewed in 2016.
DISCUSSION
Management of Council’s enforcement activities is governed by the Local Government Act 1999. This policy provides the framework for Council’s authorised staff to undertake enforcement activities with a consistent approach.
The policy is accessible to the public via Council’s website.
No legislative changes have been identified and therefore no changes are required to the policy.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
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
PO141 Enforcement Policy
BUDGET AND RESOURCE IMPLICATIONS
No budget or resource implications identified with the endorsement of the policy.
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.4 Page 151
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999
ATTACHMENTS
1. PO141 Enforcement Policy ⇩
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Item 25.4- Attachment 1 Page 152
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Item 25.4- Attachment 1 Page 155
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.5 Page 156
25.5 POLICY UPDATE - COMMERCIAL USE OF FOOTPATHS PO040
Document #: 18/36230
Department: Development Services
PURPOSE
To seek endorsement and approval from Council for the updated PO040 Commercial Use of Footpaths.
RECOMMENDATION
That Council endorse and adopt the updated PO040 Commercial Use of Footpaths 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
PO040 Commercial Use of Footpaths is due for review every three years.
DISCUSSION
Management of the commercial use of Council’s footpaths is governed by the Local Government Act 1999. This policy provides the framework for Council’s authorised staff to manage the commercial use of footpaths.
The policy is accessible to the public via Council’s website.
No changes are required to the policy.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
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
PO040 Commercial Use of Footpaths
BUDGET AND RESOURCE IMPLICATIONS
No budget or resource implications identified with the endorsement of the policy.
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Item 25.5 Page 157
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999
ATTACHMENTS
1. PO040 Commerical Use of Footpaths ⇩
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25.6 ACCESS ADVISORY WORKING PARTY MINUTES
Document #: 18/35539
Department: Development Services
PURPOSE
For Council to receive the Minutes of Council’s Access Advisory Working Party meeting held on 4 May 2018.
RECOMMENDATION
That Council receive the Minutes of the Access Advisory Working Party held on 4 May 2018.
LINK TO STRATEGIC PLAN
Goal: 2 Community Connected through Infrastructure
Strategy: 2.3 Provide disability access infrastructure
BACKGROUND
To keep Council informed of regular Access Advisory Working Party meetings and to consider identified projects to meet the needs of people with disabilities.
DISCUSSION
Attached are the Minutes of the Access Advisory Working Party meeting held on 4 May 2018.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
Minutes will be available on Councils Website.
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Director Development Services
Operations Coordinator
In preparing this report, the following external parties were consulted:
Access Advisory Working Party
Progress Associations
POLICY IMPLICATIONS
Yorke Peninsula Council Disability Action Plan.
BUDGET AND RESOURCE IMPLICATIONS
Consistent with the 2017/2018 budget allocation of $25,000.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Disability Discrimination Act
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.6 Page 161
Council has adopted a Disability Action Plan to ensure that people with disabilities can access Council functions, facilities and services.
ATTACHMENTS
1. Access Advisory Working Party Minutes ⇩
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25.7 PROPOSED NEW LEASE - PINE POINT PROGRESS ASSOCIATION INC. - PINE POINT INSTITUTE
Document #: 18/36008
Department: Development Services
PURPOSE
To endorse a new lease agreement to Pine Point Progress Association Inc. for the Pine Point Institute.
RECOMMENDATION
That Council:
1. endorse a new lease agreement with the Pine Point Progress Association Inc. for the whole of the land comprised in Certificate of Title Volume 5547, Folio 5, being the Pine Point Institute for a period of (5) five years commencing 1 July 2018, with an option to renew for a further (5) five year term.
2. authorise the Mayor and Chief Executive Officer to execute and 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
The Pine Point Institute is located at 50 Main Coast Road, Pine Point. The land is classified as Community Land, Category 3 – Public and Community.
The Pine Point Progress Association Inc. (Progress) has been leasing the Pine Point Institute for many years for the purpose of providing various community activities. Progress also maintain the building and grounds on the leased area.
No changes have been made to the lease details.
DISCUSSION
For Progress to continue with the use of the property Council need to grant a lease agreement with the Pine Point Progress Association Inc. for the whole of the land comprised in Certificate of Title Volume 5547, Folio 5, being the Pine Point Institute for a period of (5) five years commencing 1 July 2018, with an option to renew for a further (5) five year term in accordance with Local Government Act 1999, Division 6, Section 202 – Alienation of community land by lease or licence.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
Public consultation is not required due to there being no change to the use of the land.
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
Property Tenure Officer
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Item 25.7 Page 167
In preparing this report, the following external parties were consulted:
Pine Point Progress Association Inc.
POLICY IMPLICATIONS
PO057 Community Engagement Process
BUDGET AND RESOURCE IMPLICATIONS
The Lease is 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
Nil
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.8 Page 168
25.8 PROPOSED NEW LEASE - SOUTHERN YORKE PENINSULA COMMUNITY TELECENTRE INC.
Document #: 18/36093
Department: Development Services
PURPOSE
To endorse a new lease agreement to Southern Yorke Peninsula Community Telecentre Inc.
RECOMMENDATION
That Council:
1. endorse a new lease agreement with the Southern Yorke Peninsula Community Telecentre Inc. for a portion of the land comprised in Crown Record Volume 5757, Folio 205, for a period of (5) five years commencing 1 July 2018, with an option to renew for a further (5) five year term.
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
The Southern Yorke Peninsula Community Telecentre (Telecentre) is located at 35 Stansbury Road, Yorketown. The land is classified as Community Land, Category 2 – Recreation and Sporting.
The Telecentre has been leasing the property for many years for the purpose of providing a range of community services including, SA Service Agent, Centrelink and tourist information.
The Centre also provides access to photocopying, faxing, scanning and internet for the public.
No changes have been made to the lease details.
DISCUSSION
For the Telecentre to continue with the use of the property Council need to grant a lease agreement with the Telecentre Inc. for a portion of the land comprised in Crown Record Volume 5757, Folio 205 for a period of (5) five years commencing 1 July 2018, with an option to renew for a further (5) five year term in accordance with Local Government Act 1999, Division 6, Section 202 – Alienation of community land by lease or licence.
COMMUNITY ENGAGEMENT PLAN
Level 1 - Inform
Public consultation is not required due to there being no change to the use of the land.
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
Corporate Management Team
Property Tenure Officer
In preparing this report, the following external parties were consulted:
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.8 Page 169
Southern Yorke Peninsula Community Telecentre Inc.
POLICY IMPLICATIONS
PO057 Community Engagement Process
BUDGET AND RESOURCE IMPLICATIONS
The lease is prepared internally, therefore no cost to Council or the Lesee.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999 Division 6, Section 202 – Alienation of community land by lease or licence.
ATTACHMENTS
Nil
COUNCIL MEETING AGENDA 13 JUNE 2018
Item 25.9 Page 170
25.9 REVOCATION OF COMMUNITY LAND - BENNETT STREET, PORT VINCENT
Document #: 18/38551
Department: Development Services
PURPOSE
To seek permission to proceed with the community engagement process for the revocation of community land classification and proposed sale of Council property.
RECOMMENDATION
That Council:
1. give permission to proceed to Public Consultation in relation to the revocation of community land classification over 14 Bennett Street, Port Vincent, Lot 1 in Deposited Plan 38377, Certificate of Title Volume 5170 Folio 107; and
2. endorse the draft document attached, Proposal to Revocate Bennett Street Reserve, which constitutes the information that is required to be made available to the public as part of the public consultation phase (in accordance with Section 194 (2) of the Local Government Act 1999).
LINK TO STRATEGIC PLAN
Goal: 5 Responsible Governance
Strategy: 5.4 Seek alternate income streams and ensure financial sustainability
BACKGROUND
It has been identified that the land located at 14 Bennett Street, Port Vincent is currently under-utilised and serves no useful purpose to the community.
The Land is currently not utilised by the local community in comparison with other parks and reserves in the local area and appears underdeveloped for recreational use with no amenities and low value vegetation.
It is considered that the local community prefers to use other existing recreational facilities at Burrows Park and Marine Parade, which offer easy access to the beach, parking, shops, shelters, benches, barbeque facilities and public toilets.
The land does not provide enough open space area for family recreation, to kick a football, cricket and many other family activities.
The land is classified as Community Land, Category 1, Reserve.
DISCUSSION
Before the council submits a proposal to the Minister for Planning for revocation of the classification of community land, it must prepare and make publicly available a report on the proposal. It must contain all of the information listed in subsection 194 (2) (a) of the Local Government Act 1999.
COMMUNITY ENGAGEMENT PLAN
Level 2 - Consult
CONSULTATION PROCESS
In preparing this report, the following Yorke Peninsula Council officers were consulted:
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Item 25.9 Page 171
Corporate Management Team
In preparing this report, the following external parties were consulted:
Landmark
YP Real Estate
Andrew B Thiele & Co
POLICY IMPLICATIONS
PO057 Community Engagement Policy
PO072 Disposal of Land and other Assets
BUDGET AND RESOURCE IMPLICATIONS
Indicative costs for conveyancing approximately $1,500.
Land Agent Fees $3,000
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS
Local Government Act 1999 Division 3, Section 194 – Revocation of classification of land as community land.
ATTACHMENTS
1. Proposal to Revocate Bennett Street Reserve Port Vincent as Community Land -
Community Engagement Report ⇩ 2. Community Engagement Plan ⇩
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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
Nil
28 NEXT MEETING
Wednesday 11 July 2018
29 CLOSURE