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
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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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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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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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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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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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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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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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 Button Road Sundown Lake Road Completed Road
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
Operators – 1 day Personal Leave / 1 day Other Minlaton 92 Duties Operators – 1 day Personal Leave / 1 day TOIL South 85 / 2 days Other Duties The status of road construction and maintenance outcomes is summarised in the table below, complementing 2017/18 budget allocations: Estimated Road Description of Works Work Status Completion Date Patch Sheeting 1 section of patch Nelligan Road sheeting (total area Completed 3,520m2) 7 sections of patch Black Bobs Road sheeting (total area Completed 11,600m2) 3 sections of patch Roolama Road sheeting (total area Completed 7,250m2) 7 sections of patch Davies Road sheeting (total area Completed 6,940m2) 2 sections of patch Bittner Road sheeting (total area Completed 4,000m2)
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2 sections of patch Powerline Road sheeting (total area Completed 3,600m2) 2 sections of patch Boundary Road sheeting (total area Completed 400m2) 1 section of patch Cook Road sheeting (total area Completed 2,560m2) 1 section of patch Redding Road sheeting (total area Completed 1,680m2) 7 sections of patch Kainton Road sheeting (total area Completed 20,500m2) 4 sections of patch Melton South Road sheeting (total area Completed 23,850m2) 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 Reconstruct and resheet South Coast Road an estimated 14kms of Ongoing End-June 2018 identified sections.
Widening and resheeting Fuller Road Commenced End-June 2018 identified areas.
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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. 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, Corner of Main Street and Brentwood Road Main Street and Commenced to Third Street Player Street Between Brentwood Road and Oval Avenue Main Street Commenced (north side)
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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
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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.
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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
Item 19.1 Page 50 COUNCIL MEETING AGENDA 13 JUNE 2018 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
Item 19.1 Page 51 COUNCIL MEETING AGENDA 13 JUNE 2018
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 ⇩
Item 19.2 Page 52 COUNCIL MEETING AGENDA 13 JUNE 2018
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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 ⇩
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Item 19.3- Attachment 1 Page 57 COUNCIL MEETING AGENDA 13 JUNE 2018
20 VISITORS TO THE MEETING
Nil
Page 58 COUNCIL MEETING AGENDA 13 JUNE 2018
DEBATE
AGENDA
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DEBATE AGENDA
21 MAYOR
Nil
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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
Item 22.1 Page 61 COUNCIL MEETING AGENDA 13 JUNE 2018
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 ⇩
Item 22.1 Page 62 COUNCIL MEETING AGENDA 13 JUNE 2018
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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
Item 22.2 Page 69 COUNCIL MEETING AGENDA 13 JUNE 2018
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 ⇩
Item 22.2 Page 70 COUNCIL MEETING AGENDA 13 JUNE 2018
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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
Item 22.3 Page 76 COUNCIL MEETING AGENDA 13 JUNE 2018
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 ⇩
Item 22.3 Page 77 COUNCIL MEETING AGENDA 13 JUNE 2018
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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.
Item 23.1 Page 83 COUNCIL MEETING AGENDA 13 JUNE 2018
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.
Item 23.1 Page 84 COUNCIL MEETING AGENDA 13 JUNE 2018
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 ⇩
Item 23.1 Page 85 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
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 91
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 92
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 Page 93
Item 23.2- Attachment 1 Page 94
Item 23.2- Attachment 1 Page 95
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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 99
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 Page 100
Item 23.3- Attachment 1 Page 101 COUNCIL MEETING AGENDA 13 JUNE 2018
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 13th 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.
Item 23.4 Page 102 COUNCIL MEETING AGENDA 13 JUNE 2018
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 4th 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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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 Objection - Primary Production Rate Increase Kakoschke JA & KM Dutschke Objection - Primary Production Rate Increase Catherine & Malcolm Objection - Primary Production Rate Increase Redding TJ & RM Crowell Objection - Primary Production Rate Increase Tim Crowell Objection - Primary Production Rate Increase Peter & Suz’Anne Objection - Primary Production Rate Increase Warren 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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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.
Increase to Total Rate Increase to Land Use Categories General Rate Total General Model Income Rates Income Primary Residential Commercial Industrial Vacant Other (compared to (2018/19) Production 2017/18) 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 12th 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
Item 23.4 Page 105 COUNCIL MEETING AGENDA 13 JUNE 2018 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
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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 (mandatory for all applications on public land)” added to the criteria forming the basis of Council’s assessment 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
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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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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
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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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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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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 ⇩
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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
Item 25.2 Page 145 COUNCIL MEETING AGENDA 13 JUNE 2018 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
Item 25.2 Page 146 COUNCIL MEETING AGENDA 13 JUNE 2018
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
Item 25.3 Page 147 COUNCIL MEETING AGENDA 13 JUNE 2018
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 ⇩
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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.
Item 25.4 Page 150 COUNCIL MEETING AGENDA 13 JUNE 2018
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS Local Government Act 1999
ATTACHMENTS 1. PO141 Enforcement Policy ⇩
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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.
Item 25.5 Page 156 COUNCIL MEETING AGENDA 13 JUNE 2018
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
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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
Item 25.7 Page 166 COUNCIL MEETING AGENDA 13 JUNE 2018
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
Item 25.7 Page 167 COUNCIL MEETING AGENDA 13 JUNE 2018
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:
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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
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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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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
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