I hereby give notice that an Ordinary Meeting of Council will be held on:
Date: Wednesday, 12 August 2020 Time: 5.30pm Location: Council Chambers Minlaton Town Hall 57 Main Street Minlaton
AGENDA
Ordinary Council Meeting
12 August 2020
Andrew Cameron CHIEF EXECUTIVE OFFICER
COUNCIL MEETING AGENDA 12 AUGUST 2020
CONFLICT OF INTEREST
Members are reminded of the requirements for disclosure by Members of direct or indirect pecuniary benefit or detriment and non-pecuniary benefit or detriment in relation to a material conflict of interest in accordance with Section 73, or an actual or perceived conflict of interest in accordance with Section 75 of the Local Government Act in items listed for consideration on the Agenda. Section 74 and 75A of the Local Government Act 1999 requires that Elected Members declare any interest and provide full and accurate details of the relevant interest to the Council. In relation to actual or perceived conflicts of interest a member has an obligation to outline how they propose to deal with the actual or perceived conflict of interest prior to consideration of that item on the Agenda.
This requirement does not apply to Ordinary Business Matters prescribed by regulation 8AAA Local Government Act (General) (Accountability and Governance) Variation Regulations 2016.
Each Member of a Council has a duty to vote at all meetings unless excepted by legislation.
The major exception being where a Member has a material conflict of interest.
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Agenda
1 Welcome and Acknowledgement of Country by Mayor ...... 5 2 Opening Prayer ...... 5 3 Present...... 5 4 Leave of Absence ...... 5 5 Apologies ...... 5 6 Conflict of Interest ...... 5 7 Minutes of Previous Meeting – for Confirmation ...... 5 8 Motions on Notice ...... 5 Nil 9 Questions on Notice ...... 5 Nil 10 Questions without Notice ...... 5 11 Petitions ...... 5 Nil 12 Mayor ...... 6 12.1 Mayor's Monthly Report July 2020 ...... 6 13 Councillors’ Report ...... 7 Nil INFORMATION AGENDA ...... 9 14 Items for Exclusion ...... 9 15 Receipt of Information Reports ...... 9 16 Chief Executive Officer ...... 10 16.1 Action Listing Report ...... 10 16.2 CEO Activities - July 2020 ...... 14 16.3 Correspondence received from the SA Coastal Councils Alliance ...... 15 16.4 Correspondence received from the Minister for Energy and Mining ...... 27 16.5 Correspondence received from Australian Red Cross...... 32 16.6 Correspondence to the Minister for Planning - Joint Planning Agreement ...... 50 16.7 Correspondence received from the Local Government Association - Value of LGA Membership ...... 53 16.8 Correspondence received from the Harry Butler Statue Committee ...... 60 16.9 Correspondence received from Local Government Association in relation to SAROC ...... 62 16.10 Correspondence received from the State Planning Commission ...... 75 16.11 Correspondence received from National Bushfire Recovery Agency ...... 79 17 Corporate and Community Services ...... 122 17.1 Community Grants Scheme Payment Summary 2019/2020 ...... 122 18 Assets and Infrastructure Services ...... 128
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18.1 Construction and Maintenance Works ...... 128 19 Development Services ...... 132 19.1 Environmental Health Officers Report ...... 132 19.2 Inspectorial Report ...... 134 19.3 Development Application Decisions ...... 136 19.4 Wastewater System Application Decisions ...... 143 20 Visitors to the Meeting ...... 145 DEBATE AGENDA ...... 147 21 Mayor ...... 147 Nil 22 Chief Executive Officer ...... 148 22.1 Proposed Changes to Legatus Group Charter ...... 148 22.2 2021-2025 Draft Strategic Management Plan ...... 173 22.3 Local Roads and Community Infrastructure Program - Projects ...... 176 22.4 Yorke Peninsula Alliance Regional Public Health Plan Review ...... 180 22.5 Business SA - Local Business Support and Recovery Program ...... 184 23 Corporate and Community Services ...... 203 23.1 Financial Report as at 31 July 2020 ...... 203 23.2 Budget Roll Overs - 2019/2020 ...... 211 23.3 Preliminary Draft Disability Access And Inclusion Plan 2020 Yorke Peninsula Regional Alliance ...... 215 24 Assets and Infrastructure Services ...... 220 Nil 25 Development Services ...... 221 25.1 Assumption of care, control and management of land - Section 379 Cunningham Road HD Maitland, Certificate of Title Volume 5591 Folio 724...... 221 25.2 Proposed New Lease - Minister for Education for portion of Section 404 North Terrace, Stansbury Crown Record Volume 5757 Folio 168 ...... 232 25.3 Policy Update - PO132 Cemetery Management ...... 235 25.4 Fees and Charges ...... 247 25.5 Review - Council Assessment Panel Terms of Reference ...... 250 26 General Business ...... 258 CONFIDENTIAL AGENDA ...... 259 27 Confidential Items ...... 259 27.1 Material Supply 2020/21 Tender 210-2020 ...... 259 28 Next Meeting ...... 260 Wednesday 9 September 2020 29 Closure ...... 260
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1 WELCOME AND ACKNOWLEDGEMENT OF COUNTRY BY MAYOR
Meeting declared opened
2 OPENING PRAYER
3 PRESENT
4 LEAVE OF ABSENCE
Nil
5 APOLOGIES
Nil
6 CONFLICT OF INTEREST
7 MINUTES OF PREVIOUS MEETING – FOR CONFIRMATION
Ordinary Council Meeting - 8 July 2020 Confidential Council Meeting - 8 July 2020 - Lease Purchase Consideration – Port Rickaby Caravan Park - CEO Appraisal – Key Result Areas and Key Performance Indicators
Special Council Meeting - 29 July 2020 - Planning Development and Infrastructure Instuments of Delegation Update - Proposed By-Laws 2020
8 MOTIONS ON NOTICE
Nil
9 QUESTIONS ON NOTICE
Nil
10 QUESTIONS WITHOUT NOTICE
11 PETITIONS
Nil
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12 MAYOR
12.1 MAYOR'S MONTHLY REPORT JULY 2020 Document #: 20/61313 Department: Executive Services
PURPOSE To keep Elected Members updated on Mayoral activities during the month of July 2020.
RECOMMENDATION That the report be received.
DISCUSSION 2 July Meeting with TAFE SA (via Microsoft Teams). Attend public meeting – Closure of Elanora Aged Care Facility – Stansbury. 3 July Legatus Group Special meeting – 2020/2021 Business Plan and Budget (via Zoom). 8 July Meeting with CEO, Andrew Cameron and the SA Red Cross Emergency Services Leadership Team. Meeting with CEO, Andrew Cameron and David McDonald – YP Community Transport. Monthly Council meeting. 9 July Interview with Sonny Coombs, YP Country Times. 15 July Meeting with Sonny Coombs, YP Country Times (photo). 22 July Dinner in acknowledgement of the SAROC and LGA Board visit to the Copper Coast – attended by Deputy Mayor Tania Stock.
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 ACTION LISTING REPORT Document #: 20/69240 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 - August 2020 2. Council Meeting Completed Action List - August 2020
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16.2 CEO ACTIVITIES - JULY 2020 Document #: 20/61331 Department: Executive Services
PURPOSE To keep Elected Members informed of meetings during the month of July 2020.
RECOMMENDATION That the report be received.
DISCUSSION 1 July Corporate Management Team meeting. 2 July Meeting with TAFE SA - Chief Executive David Coltman to discuss TAFE SA Regional Strategy (via Microsoft Teams). Attend public meeting – Closure of Elanora Aged Care Facility – Stansbury. 3 July Legatus Group Special meeting -2020/2021 Business Plan and Budget (via Zoom). 6 July Joint Planning Agreement meeting with Jeff Tate, CEO's & Planning Directors (via Zoom). LGFSG Operational Briefing. 7 July Teleconference – Ben Cunningham – YP Alliance – Disability Action Plan. 8 July Meeting with Mayor Braund and the SA Red Cross Emergency Services Leadership Team. Meeting with Mayor Braund and David McDonald – YP Community Transport. Monthly Council meeting. 9 July Jobs Project Discussion with Inspire Global Group (via meet google). Meeting with Sonny Coombs, YP Country Times. 10 July Corporate Management Team meeting. 29 July Special Council meeting. Elected Members Workshop – Review of Transport Asset Management Plan. 30 July Meeting with David McDonald, YP Community Transport. Corporate Management Team meeting.
ATTACHMENTS Nil
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16.3 CORRESPONDENCE RECEIVED FROM THE SA COASTAL COUNCILS ALLIANCE Document #: 20/65549 Department: Executive Services
PURPOSE To provide Elected Members with a copy of correspondence received from the SA Coastal Councils Alliance.
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 would be aware of the South Australian Coastal Councils Alliance which was formally launched in October 2019, with the purpose of enabling coastal Councils to collaborate and advocate on coastal issues, develop a common understanding of issues impacting coastal Councils and identify areas of interest where Councils may seek to work together. Mayor Darren Braund sits on the Executive Committee of the South Australian Coastal Councils Alliance – Northern Zone.
DISCUSSION Correspondence has been received attaching the South Australian Coastal Councils Alliance Strategic and Business Plan 2020-2025 (attached for Elected Members information).
ATTACHMENTS 1. South Australian Coastal Councils Alliance - Strategic and Business Plan 2020-2025
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16.4 CORRESPONDENCE RECEIVED FROM THE MINISTER FOR ENERGY AND MINING Document #: 20/65795 Department: Executive Services
PURPOSE To provide Elected Members with a copy of correspondence received from the Minister for Energy and Mining, Dan van Holst Pellekaan MP regarding the Statutes Amendment (Mineral Resources) Bill 2019.
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 Department for Energy and Mining (the Department) in 2016 led a major review of South Australia’s mining laws. Multiple engagement sessions across the State helped finalise the Mining Act. The Statutes Amendment (Mineral Resources) Bill 2019 was passed on 17 October 2019. The Department is now finalising the mining regulations that sit beneath the revised Mining Act which will commence in January 2021.
DISCUSSION Engaging with stakeholders is necessary to ensure that the draft regulations carefully consider issues from a variety of viewpoints. Due to COVID-19, the Department has changed its engagement approach. The Department is engaging with external groups and stakeholders through digital engagement – e.g. videos and webinars and online meetings will be hosted. The Department will begin raising awareness of the drafted regulations via a range of formats, including the web, press and radio – letting public/interested groups who would like to provide input know how they may do so. In August 2020, the Department will release draft regulations in three packages, allowing four weeks per package for the public and interested groups to provide feedback on the topics included. A brief two page Information Sheet is attached. The Minister has also informed that the new Landowner Information Service commenced on 1 July 2020. This service is available to landowners, farmers and other community members seeking information on exploration, mining and related activities. This service provides free, independent and private information delivered via the agribusiness not-for-profit advisory group, Rural Business Support, and is fully funded by the Department.
ATTACHMENTS 1. Correspondence received from the Minister for Energy and Mining 2. Information Sheet - Draft Mining Regulation Engagement
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16.5 CORRESPONDENCE RECEIVED FROM AUSTRALIAN RED CROSS Document #: 20/69914 Department: Executive Services
PURPOSE To provide Elected Members with correspondence received from Australian Red Cross in relation to the Red Cross bushfire grants and recovery program.
RECOMMENDATION That the report be received.
LINK TO STRATEGIC PLAN Goal: 5 Responsible Governance Strategy: 5.2 Effective leadership and informed decision making
BACKGROUND Red Cross is providing support to South Australian communities affected by the devastating 2019/2020 bushfires. Red Cross works in partnership with the Government of South Australia to provide this support. Red Cross has provided a six monthly progress report (attached).
DISCUSSION It is now six months into the Red Cross bushfire grants and recovery program and Red Cross has shared its progress report. The report illustrates the challenges faced by communities with not only the devastating bushfires, but followed very soon after by the onset of COVID-19. To date, 4,380 Australians have received grants that have assisted with immediate needs, repairs, out-of-pocket funeral or hospital costs or re-establish a safe place to live. Red Cross has over 20 recovery officers in fire affected communities throughout Australia. The officers act as a bridge between the community and government and service providers; organising recovery events, training community services and community leaders in disaster recovery.
ATTACHMENTS 1. Correspondence received from Australian Red Cross 2. Australian Red Cross Report - Jan-June 2020
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16.6 CORRESPONDENCE TO THE MINISTER FOR PLANNING - JOINT PLANNING AGREEMENT Document #: 20/70129 Department: Executive Services
PURPOSE To provide Elected Members with a copy of correspondence to the Minister for Planning in relation to the Joint Planning Agreement.
RECOMMENDATION That the report be received.
LINK TO STRATEGIC PLAN Goal: 1 Economically Prosperous Peninsula Strategy: 1.2 Deliver strategic and responsible land use planning
BACKGROUND Elected Members would be aware the Yorke Peninsula Council, Copper Coast Council and Barunga West Council lodged an Expression of Interest in 2017, which was accepted, to be involved in the Planning Arrangements Pilot Project of the Department of Planning, Transport and Infrastructure (DPTI). All three councils developed and have endorsed a Business Case for a Planning Agreement. Under this Business Case the Joint Planning Board would have the functions of preparing and maintaining a Regional Plan and undertaking Code amendments and other research and planning.
DISCUSSION The attached correspondence is a request to the Minister to seek his acceptance of some additional clauses to the model Planning Agreement template on DPTI’s website. The clauses relate to the standing of a regional plan that would be prepared by the Joint Planning Board as follows: The Board will determine the scope of the Regional Plan (which may, as agreed to during the Planning Arrangements Pilot Project, include detail at site level that would allow for a code amendment without further research) for approval by the Minister.
Any proposal to amend the Planning and Design Code that is not consistent with the provisions of the Regional Plan will not be supported unless the proposed amendment is supported by the Board in writing.
The Regional Plan cannot be amended without the consent of both the Board and the Minister. Councils have advised no further development of a draft Planning Agreement will occur without the inclusion of the above clauses.
ATTACHMENTS 1. Correspondence to the Minister for Planning - Joint Planning Agreement
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16.7 CORRESPONDENCE RECEIVED FROM THE LOCAL GOVERNMENT ASSOCIATION - VALUE OF LGA MEMBERSHIP Document #: 20/70588 Department: Executive Services
PURPOSE To provide Elected Members with a copy of correspondence received from the Local Government Association in relation to the value of LGA membership.
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 would be aware the Local Government Association (LGA) is a peak body for local government in South Australia, providing leadership, support, representation and advocacy for the sector.
DISCUSSION The LGA has provided a report entitled Value of 2019 LGA membership for the Yorke Peninsula Council. A copy is attached for Elected Members information. The report highlights a number of outcomes that were delivered by the LGA resulting in significant savings for Council.
ATTACHMENTS 1. Value of LGA membership - Yorke Peninsula Council
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16.8 CORRESPONDENCE RECEIVED FROM THE HARRY BUTLER STATUE COMMITTEE Document #: 20/72161 Department: Executive Services
PURPOSE To provide Elected Members with correspondence received from the Harry Butler Statue Committee.
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 Harry Butler Statue Committee was formed in 2011 for the purpose of raising funds for a statue of Captain Harry Butler.
DISCUSSION The Harry Butler Statue Committee have advised the Committee met on 25 July 2020 for the purpose of formally closing the Committee. Surplus funds will be donated to the Harry Butler Centenary Committee for any future celebrations of Harry Butler.
ATTACHMENTS 1. Correspondence received from the Harry Butler Statue Committee
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16.9 CORRESPONDENCE RECEIVED FROM LOCAL GOVERNMENT ASSOCIATION IN RELATION TO SAROC Document #: 20/72512 Department: Executive Services
PURPOSE To provide Elected Members with correspondence received from the Chairperson – South Australian Region Organisation of Councils.
RECOMMENDATION That the report be received.
LINK TO STRATEGIC PLAN Goal: 5 Responsible Governance Strategy: 5.2 Effective leadership and informed decision making
BACKGROUND SA Region Organisation of Councils (SAROC) Committee is formally established through the LGA Constitution and its role is to provide regional advocacy, policy initiation and review, leadership engagement and capacity building in the regions. SAROC was formally established in October 2018.
DISCUSSION SAROC has provided a copy of their Annual Business Plan 2020-21 (attached). The Plan has been endorsed by the LGA Board of Directors. SAROC aims to advocate for funding, initiatives and legislation that assists with growth and development of regional South Australia in response to the Covid-19 pandemic, bushfires and drought events. SAROC states “In all our actions, we will continue to listen to and represent the interests of all regional councils and the communities we serve.
ATTACHMENTS 1. Correspondence to SAROC Mayors - Annual Business Plan 2020-21 - Local Government Association 2. SAROC Annual Business Plan - 2020-2021
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16.10 CORRESPONDENCE RECEIVED FROM THE STATE PLANNING COMMISSION Document #: 20/72553 Department: Executive Services
PURPOSE To provide Elected Members with a copy of correspondence received from the State Planning Commission in relation to South Australia’s new planning system.
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 State Planning Commission went live on 31 July 2020 with its new planning system covering the State’s outback and rural areas.
DISCUSSION The new system brings together the new PlanSA Portal, the online Planning and Design Code (the Code) the South Australian Property and Planning Atlas and the electronic Development Application Processing system. The Commission will be hosting a series of weekly webinars to help inform and guide the public through the ePlanning platform. Community members can register their interest for the upcoming webinar series through the attached link www.plan.sa.gov.au/have_your_say. The final phase of the new planning system covering urban and metropolitan areas is on track to be implemented later this year.
ATTACHMENTS 1. Correspondence received from the State Planning Commission 2. Correspondence received from State Planning Commission - Stage Two Submitter
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16.11 CORRESPONDENCE RECEIVED FROM NATIONAL BUSHFIRE RECOVERY AGENCY Document #: 20/72729 Department: Executive Services
PURPOSE To provide Elected Members with correspondence received from the National Bushfire Recovery Agency.
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 would be aware the National Bushfire Recovery Agency (NBRA) was established on 6 January 2020 to lead and coordinate a national response to rebuilding communities affected by bushfires across Australia. Its focus is on connecting people, communities, primary producers and businesses with the services and assistance they may need to rebuild and recover from the devastating bushfires.
DISCUSSION In March 2020 the NBRA informed Yorke Peninsula Council of a community engagement project being run by The Social Deck to confirm the information and engagement needs of people in bushfire affected areas. After much consultation Social Deck has produced a report and we have attached this report for Elected Members’ information. The NBRA has further provided an update on their work throughout bushfire affected communities to date.
ATTACHMENTS 1. Correspondence received from the National Bushfire Recovery Agency 2. The Social Deck - Report - 22 May 2020
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17 CORPORATE AND COMMUNITY SERVICES
17.1 COMMUNITY GRANTS SCHEME PAYMENT SUMMARY 2019/2020 Document #: 20/69657 Department: Corporate and Community Services
PURPOSE To keep Elected Members informed in regard to the outcomes of the 2019/2020 Community Grants Scheme.
RECOMMENDATION That the Community Grants Scheme Payment Summary for 2019/2020 be received.
LINK TO STRATEGIC PLAN Goal: 4 Community Engaged and Supported Strategy: 4.4 Continue providing community grants, donations and sponsorships
BACKGROUND Council received and endorsed the Community Grants Working Party’s recommendation for the 2019/2020 Community Grants Scheme at its September 2019 meeting. Grant conditions require all grants to be acquitted by the recipients by 31 May each year unless otherwise approved by Council.
DISCUSSION The 2019/2020 Community Grants Program allocated a total of $99,999.17 in funding to thirty seven (37) community groups for projects that contribute to improving facilities and services as well as providing benefits to residents. Due to the COVID-19 pandemic and associated financial and logistical constraints, Council, at its 2020 May and June meetings granted extensions until 31 December 2020 to affected community groups for the acquittal of grants, some of which have now been acquitted as per the attached payment summary. Extensions were granted for: Southern Yorke Peninsula Pony Club Black Point Progress Association Marion Bay Progress Association Foul Bay Area Progress Association Yorketown Bowling Club Central Yorke Little Athletics Pine Point Progress Association Edithburgh Museum Incorporated Additionally, Edithburgh Progress Association forfeited their awarded $1000 Community Grant due to an unexpected donation that was made to them and declared they no longer required the funds. Port Clinton Progress Association forfeited their awarded $750 grant as they were unable to satisfy the grant requirements due to unforeseen circumstances. Maitland Rifle Club claimed only $908.19 of their awarded $1,000 grant due to changes in costs.
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Tiddy Widdy Beach Progress claimed only $833.50 of their awarded $952.10 for similar reasons. Warooka Bowling Club also claimed only $4,587.00 of the awarded grant of $5,000. As a consequence of the aforementioned events a total amount of $15,686.84 is unpaid at 30 June 2020. $13,313.43 will need to be acquitted by 31 December 2020 whilst the forfeiture of grants totalling $2,373.41 has been returned to general revenue and will be reflected as reductions in operating expenditure in the 2019/2020 Financial Statements. The approved extensions are included in budget rollovers requiring Council approval at this meeting. All other 2019/2020 Community Grants were acquitted in the required timeframe. Details of the projects are contained in the attached payment summary.
ATTACHMENTS 1. Successful Community Grants Scheme Summary 2019-2020
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18 ASSETS AND INFRASTRUCTURE SERVICES
18.1 CONSTRUCTION AND MAINTENANCE WORKS Document #: 20/71713 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 August 2020 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 Information regarding roadside vegetation maintenance activities undertaken by Council are detailed in the table below: Road Name Start Point End Point Status South West Beach Road Lighthouse Road Marion Bay Road Completed Marion Bay Road West Beach Road Corny Point Road Completed Corny Point Road Liddiard Road Brutus Road Completed North Jericho Road Upper Yorke Road McLeay Road Completed McLeay Road Upper Yorke Road Loveridge Road Completed Attention to parks, gardens and reserves is ongoing throughout the district in line with available resources. Footpath rework has been completed within identified streets in Ardrossan, Balgowan, Maitland, Price and Tiddy Widdy Beach. Street sweeping has been completed within the central area and is currently underway within the northern area. A small reserve within Hillview Crescent, Maitland is being developed by staff, with some seedlings programmed for planting in the future to enhance the area.
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Staff repaired and replaced sections of sand dune fencing at the Wauraltee Beach bush camping site. Some remedial work was undertaken at the lime kiln carpark area in Wool Bay. 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 Operators – 2 days Training / 3 days Personal North 75 Leave / 1 day Alternate Duties Operators – 2 days Training / 3 days Long Maitland 71 Service Leave / 1 day Annual Leave / 1 day Personal Leave Operators – 2 days Capital Projects (Patch Minlaton 92 Sheeting) Operators – 6 days Annual Leave / 2 days South 67 Personal Leave The status of road construction and maintenance requirements is summarised in the table below, complementing 2019/20 budget allocations: Estimated Road Description of Works Work Status Completion Date Patch Sheeting 4 sections of patch Miller Road sheeting (total area Completed 7,600m2) 1 section of patch Crowell Road sheeting (total area Completed 4,800m2) 6 sections of patch Illman Road sheeting (total area Completed 15,600m2) 4 sections of patch Minlacowie Road sheeting (total area Completed 8,000m2) 3 sections of patch Bublacowie Road sheeting (total area Completed 6,400m2) 3 sections of patch Wilson Road sheeting (total area Completed 6,400m2) 5 sections of patch Sheoak Beach Road sheeting (total area Completed 7,200m2) Reconstructing and Resheeting Reconstruct and resheet a 4.7km section from Nalyappa Road Ongoing Mid-September 2020 Balgowan Road to Old Boundary Road Reconstruct and resheet a 3.6km section from Gap Road Ongoing Early-November 2020 Rocky Bend Road to Nalyappa Road
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Estimated Road Description of Works Work Status Completion Date Reconstruct and resheet a 2.2km section from Early-September West Beach Road Ongoing Marion Bay Road to 2020 Lighthouse Road Approximately thirty-five (35) Customer Service Requests (CSRs) have been attended to by staff throughout July with activities including: o Installation of traffic control devices o Maintenance to coastal infrastructure o Maintenance to public buildings o Repairs to ticket machines o Sealed and unsealed road maintenance o Stormwater infrastructure maintenance o Trimming of street trees The following works/upgrades have been applied to Council’s Community Wastewater Management Systems (CWMS) and Water Schemes: CWMS o Upgrade to pump station pumps Ardrossan o WWTP circulation pump replaced Ardrossan o Irrigation infrastructure upgraded Foul Bay o WWTP irrigation pump replaced Hardwicke Bay o Aerator installed at WWTP Hardwicke Bay o Gravity drain blockage attended to Maitland o Maintenance to pump station Port Victoria o Maintenance to rising main Port Vincent o Aerator installed at WWTP Rogues Point Water Schemes o Major high pressure pump repaired Desalination Plant o Membrane units replaced Desalination Plant (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.) Work on the Drought Communities Programme (Round Two (2)) projects has commenced. An update for each project is summarised below. o The funding agreement between Council and the Minlaton Sports Club and Function Centre Committee has been executed. The Committee is awaiting notification of development approval and have scheduled the earthworks contractor to commence in September. o A quotation has been accepted for footpath paving works at Port Vincent and Yorketown, with procurement for Maitland works in progress.
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o Planning for the health and wellbeing events was put on hold awaiting the lifting of COVID-19 restrictions; however, a planning meeting has now been scheduled for early August. o The funding agreement between Council and the Price Progress Association (on behalf of the Price Tennis Club) has been executed. The engagement of the contractor for works by the Tennis Club/Progress Association is in progress. o Quotations have been accepted for all public toilet refresh works. o Road patch sheeting works have been awarded with northern works completed and southern works commenced. o The route of the Salt Lakes Tourist Trail has been determined with stakeholder input and includes three (3) trail options of various lengths. A large amount of research has been conducted into the history of the salt lakes in readiness for the preparation of interpretive signage. Quotations for the car park earthworks are also currently being sought. o The central control systems contractor has arranged all required materials and commenced installation.
ATTACHMENTS Nil
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19 DEVELOPMENT SERVICES
19.1 ENVIRONMENTAL HEALTH OFFICERS REPORT Document #: 20/68311 Department: Development Services
PURPOSE To inform Council of the activities of the Environmental Health Officer
RECOMMENDATION That the report be received.
LINK TO STRATEGIC PLAN Goal: 4 Community Engaged and Supported Strategy: 4.5 Continue delivering compliance and environmental health services and inspections
BACKGROUND This report provides Elected Members with information on the activities of Council’s Environmental Health Officer and matters relating to public health and food safety.
DISCUSSION The Environmental Health Officer is responsible for carrying out measures for protecting the public health of the Yorke Peninsula community. This is done by assessing risk, enforcing and monitoring Laws and Regulations within the following areas;
Food Safety
• Council uses the voluntary Food Safety Rating Scheme (Scores on Doors) developed by SA Health to guide food inspections. • Registering new permanent and temporary food businesses. • Address food safety complaints lodged by the public.
Wastewater Applications, Installations and Management
• Ensuring all applications and installations of on-site wastewater disposal and community wastewater management scheme connections are compliant with state regulations. • Management of any failing effluent disposal systems/Illegal wastewater discharge. • Assistance with the location of septic tanks and effluent disposal areas on site.
Asbestos Management
• Maintenance of Council’s Asbestos Register detailing asbestos in Council owned facilities. • Managing appropriate asbestos removal. • Advice to the public in relation to risks associated with asbestos and the methodology for removal and disposal of asbestos.
Living Conditions
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• Managing insanitary conditions as they arise to ensure there is no public health risk. 1. Hygiene of Beauty and Skin Penetration Practices
• Routine inspections to ensure all businesses are compliant with the South Australian Public Health Act 2011.
Investigating Public Health Complaints/Issues
• Food Safety recalls issued by SA Health. • Pest and Vermin issues.
Emergency Management - COVID-19
• Assist with internal implementation of COVID-19 risk management plan. • Oversees issues relating to COVID-19. • Acting as Councils liaison for the Local Government Functional Support Groups regional, Area Liaison Officer and the South Australian Department of Health.
ENVIRONMENTAL HEALTH ACTIVITY STATISTICS (25 April – 21 July 2020)
April May June July
Food Business 0 0 2 4 Routine Inspections Food Business 0 0 0 1 Follow up Inspections Food Recalls 3 3 3 3
Complaints 2 3 1 1
Non-Compliant 3 3 2 2 Wastewater Systems Notices Issued 1 0 0 0
COVID-19 related 1 6 4 0 external enquiries
ATTACHMENTS
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19.2 INSPECTORIAL REPORT Document #: 20/70632 Department: Development Services
PURPOSE To inform Elected Members 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. Dog Attacks/Harass An Ardrossan resident complained that two dogs had wandered into his yard and harassed a resident of his household. The owner of the suspected dogs was cautioned as a result of the incident. A Port Victoria dog owner also had been cautioned as a result of her dog wandering at large and harassing other dogs in the vicinity. A Wauraltee resident was looking after her daughter’s dog when it escaped from her yard and allegedly killed a neighbour’s cat. A Ranger attended soon after the incident and investigated the matter. The person responsible for the dog was subsequently issued with an Expiation Notice. Wandering and Nuisance Dogs Two dogs were detained wandering at large in Alice Street, Maitland as a result of a complaint received. A microchip check of the dogs revealed they were registered to a house directly in front of where they were detained. No one was home at this time, but it was observed that a side gate was open. The dogs were secured in the rear yard of the property and the owner of the dogs notified of the escape. The owner of the dogs was cautioned for his dogs wandering at large. A dog was detained at the Ardrossan Caravan Park. Council’s Ranger attended and a microchip scan of the dog revealed it was registered to a nearby address. The dog was subsequently returned to its owner, who was cautioned for the dog wandering at large. A Ranger collected a deceased dog that had appeared to have been hit by a car on Ardrossan Road, Maitland. A subsequent microchip scan of the dog revealed it was registered to a person residing within the City of Onkaparinga. Further local inquires revealed the dog was being cared for by a relative in Maitland. Another dog was also seriously injured after being hit by a car on Yorke Highway, Warooka. The owner of the dog subsequently attended the scene and removed the dog. Minor damage was caused to the vehicle involved in the collision.
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Bush Camping Rangers conducted regular patrols at the bush camping reserves. Expiation Notices have been issued to campers who have camped at the Bamboos, Parara and Gleesons without obtaining a permit. Another person, who camped on non-designated local government land without a permit at Balgowan was also issued an Expiation Notice. As a result of further inquiries in relation to vehicles driving through the sand dunes in the vicinity of Daly Head camp ground at White Hut on the June long weekend, 5 persons were issued with $100 Expiation Notices for driving on Local Government Land that was not designated for vehicles. Boat Ramps Routine patrols of boat ramps have been undertaken to ensure that users are paying for the use of the facilities. Twenty four notices were placed on vehicles where a launch permit/ticket could not be observed. Those who could produce a valid permit/ticket and a reason as to why the ticket was not displayed were cautioned for failing to display the ticket. Four Expiation Notices have recently been issued to boaties who had not purchased a launch ticket prior to launching. The money boxes at the Ardrossan and Port Victoria boat ramp ticket machines have recently been vandalised and the money boxes removed by unknown persons. A further second attempt has been made to again remove the Port Victoria money box, but were unsuccessful. Inquiries are being made in relation to the costs of having cameras installed to monitor the ticket machines. SAPOL are investigating. Traffic Management Council’s Rangers routinely patrol all townships for traffic management, including foot patrols, paying particular attention to disabled parking bays and vehicles parking on yellow lines and footpaths. Owners of vehicles have been issued with an Expiation Notice for parking on a continuous yellow line in Yorketown and Maitland, whilst another Expiation Notice was issued to a person for obstructing a driveway in Minlaton. Local Nuisance and Litter Control Cat complaints have been dealt with in Rogues Point, Edithburgh and Port Clinton. A Wool Bay resident was issued a $300 Expiation Notice as a result of burning non prescribed matter at a property at Stansbury. This person was burning a mattress and other general household rubbish that should not be burnt. Persons in Price and Ardrossan were cautioned as a result of the burning of green vegetation, which resulted in the smoke becoming a local nuisance. A person from Port Vincent was issued with a $1,000 Expiation Notice as a result of the dumping of some rubbish on the side of the road at Port Julia. The person responsible for the dumping of the rubbish also removed the rubbish from the road side. Several property owners at Wool Bay have been contacted as a result of possible illegal clearance of vegetation on nearby land so as to improve the view from their land. Several complaints have been received in relation to the Cormorants becoming a nuisance as a result of roosting in Norfolk Pines on the road reserve of the Esplanade in Port Vincent. Appropriate approvals are being sought to initiate a program to try and encourage the Cormorants to roost in another location.
ATTACHMENTS Nil
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19.3 DEVELOPMENT APPLICATION DECISIONS Document #: 20/71916 Department: Development Services
PURPOSE To inform the Elected Members of Development Application decisions for the period 29 June to 31 July 2020.
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 29 June to 31 July 2020. Yorketown 544/1205/2019 544/1229/2019 544/1264/2019 544/1046/2020 544/1047/2020 544/1054/2020 544/1073/2020 544/1084/2020 544/1096/2020 544/1103/2020 544/1134/2020 544/1136/2020 544/1147/2020 544/1150/2020 544/1179/2020 544/1180/2020 544/1196/2020 544/1197/2020 544/1204/2020 544/1213/2020 544/1216/2020 544/1218/2020 544/1232/2020 544/1245/2020 544/1252/2020
Maitland 544/1152/2019 544/1345/2019 544/1026/2020 544/1072/2020 544/1085/2020 544/1091/2020 544/1098/2020 544/1116/2020 544/1119/2020 544/1125/2020 544/1126/2020 544/1131/2020 544/1140/2020 544/1141/2020 544/1154/2020 544/1156/2020 544/1159/2020 544/1164/2020
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544/1170/2020 544/1192/2020 544/1200/2020 544/1205/2020 544/1225/2020 544/1230/2020
ATTACHMENTS 1. Approval Listing - Development Application Decisions - July 2020
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19.4 WASTEWATER SYSTEM APPLICATION DECISIONS Document #: 20/71929 Department: Development Services
PURPOSE To inform the Elected Members of Wastewater Application decisions for the period 29 June to 31 July 2020.
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 29 June to 31 July 2020. Maitland 050/040/2020 050/047/2020 050/049/2020 050/052/2020 Yorketown 050/033/2020 050/055/2020
ATTACHMENTS 1. Approval Listing - Wastewater System Applications - July 2020
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20 VISITORS TO THE MEETING
Anne Mayadunne, Graham Cowell and others from the Curramulka Road Homeowners – Deputation in relation to a planning matter.
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DEBATE
AGENDA
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DEBATE AGENDA
21 MAYOR
Nil
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22 CHIEF EXECUTIVE OFFICER
22.1 PROPOSED CHANGES TO LEGATUS GROUP CHARTER Document #: 20/65590 Department: Executive Services
PURPOSE For Elected Members to consider the proposed changes to the Legatus Board Charter.
RECOMMENDATION That Council endorse the proposed changes to the Legatus Board charter regarding the Annual Business Plan and Budget as set out in its correspondence dated 12 June 2020.
LINK TO STRATEGIC PLAN Goal: 5 Responsible Governance Strategy: 5.2 Effective leadership and informed decision making
BACKGROUND Elected members would be aware that Council is one of the fifteen Constituent Councils of the Legatus Group (formerly known as the Central Local Government Region of South Australia). The purpose of the Legatus Group is to undertake the co-ordination, advocacy and representation of the constituent councils at a regional level.
DISCUSSION The Legatus Group is established under Section 43 of the Local Government Act 1999. The Legatus Group Charter stipulates that draft documents must be prepared and provided to each Constituent Council (15 in total) for consideration and endorsement before the Annual Business Plan and Budget can be formally adopted by the Legatus Group. At the Legatus Group meeting on 5 June 2020 the Legatus Group Audit and Risk Management Committee (the Committee) tabled a report which, amongst other things, recommended changes to the Legatus Group Charter. The Charter is effectively the same as a constitution for an Incorporated Association and requires that an amendment may be passed by a simple majority of the Constituent Councils. The Charter is attached for Elected Members ease of reference. The Committee has recommended amendments to item 5 (Budget) to address its observations of time delays and the requirements to gain approval from all 15 constituent councils for both the adoption and review of the Legatus Budget. In recommending the changes the Committee also noted the requirements from three other Regional LGA Charters on their budget approval process. The main proposed changes to the Charter include: A more specific process for when Legatus must adopt its Annual Business Plan and Budget and provision of at least 8 weeks (currently 6 weeks) for constituent Councils to consider and make comment on same. Provision that Legatus may review its Annual Business Plan and Budget without the need to refer proposed changes to constituent Councils, other than where those changes would result in a change to the financial contribution by said Councils. The latter is likely to be the most contentious change, given there is a possibility that Legatus could significantly alter its budget without reference to constituent Councils (unless the change resulted in
Item 22.1 Page 148 COUNCIL MEETING AGENDA 12 AUGUST 2020 a change to the financial contribution of each Council). However from a practical perspective, for the Legatus Annual Business Plan and Budget to be amended it involves at least consideration by the Board at which each Council is represented (usually by the Mayor and supported by a staff member) and for the mandated quarterly reviews, it is also considered by the Audit and Risk Management Committee, which includes two Council Mayors / Chairs and two CEOs and an independent member. On balance, and given the process of review outlined above, where it is available for a member council to raise issues of concern with a possible budget amendment, it is considered that the proposed changes will provide operational efficiencies without undue risk of disadvantage to constituent councils. The proposed changes to the Charter involve replacing Item 5 (The Budget) as follows: The proposed Annual Business Plan and the Budget must be referred to the Constituent Councils at least eight (8) weeks prior to the date of the meeting at which the budget is to be adopted. Constituent Councils may comment on the Annual Business Plan and the Budget in writing to the Chief Executive Officer at least ten (10) business days before the meeting at which the budget is to be adopted or through its Board Member at that meeting. The Legatus Group must adopt the Annual Business Plan and Budget after 31 May and before 30 June for the ensuing Financial Year. The Legatus Group must provide a copy of its adopted Budget to the Constituent Councils within five (5) business days after the adoption of the Budget by the Legatus Group. Reports summarising the financial position and performance of the Legatus Group against the Budget must be prepared and presented to the Board at each ordinary meeting of the Board and copies provided to the Constituent Councils. The Legatus Group must reconsider its Budget in accordance with the Act and in a manner consistent with the Act and may amend its Budget for a Financial Year at any time before the year ends. The Legatus Group must submit to each Constituent Council for approval, any proposed amendment to the Budget that provides for an additional financial contribution by the Constituent Councils. The contents of the Budget must be in accordance with the Act.
COMMUNITY ENGAGEMENT PLAN Level 1 - Inform
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: CEO In preparing this report, the following external parties were consulted: Legatus Group
POLICY IMPLICATIONS Not applicable.
BUDGET AND RESOURCE IMPLICATIONS Each Constituent Council makes an Annual Contribution to the Legatus Group – YPC contributed $11,135 (excl GST) in the 2019/20 Financial Year.
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RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS The Legatus Group is established under the Local Government Act 1999. Legatus Group Charter.
ATTACHMENTS 1. Legatus Group Charter
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22.2 2021-2025 DRAFT STRATEGIC MANAGEMENT PLAN Document #: 20/67677 Department: Executive Services
PURPOSE To seek Council endorsement to undertake public consultation on the 2021-2025 Draft Strategic Management Plan.
RECOMMENDATION That Council endorse the 2021-2025 Draft Strategic Management Plan for the purpose of community consultation.
LINK TO STRATEGIC PLAN Goal: 5 Responsible Governance Strategy: 5.2 Effective leadership and informed decision making
BACKGROUND The Local Government Act 1999 (the Act) stipulates that Councils must undertake a comprehensive review of its strategic management plans within 2 years of a general election. Section 122 (5) of the Act states “A Council may amend it strategic management plans or adopt new plans”. At the Council meeting of 10th July 2019, Elected Members endorsed the recommendation to amend the 2016-2020 Strategic Management Plan rather than making major alterations to Council’s direction. Refer Council decision 164/2019 (10/07/2019). It was agreed that the following methodology would be adopted. 1) Survey the entire community asking for “Top 3” priorities for this Council to achieve. 2) Undertake internal analysis to determine Council’s performance against the current Plan. 3) Re-examine the internal and external challenges facing Council and undertake a new SWOT (strengths, weaknesses, opportunities and threats) analysis. 4) Based on the above information, evaluate and where appropriate make changes to the existing Plan. 5) Put the Plan out for community feedback. 6) Based on submissions, make any final amendments and adopt a new Strategic Management Plan. Steps 1 to 4 have been completed.
DISCUSSION A total of 37 submissions were received from the first round of community consultation. A review of the submissions received showed that the current goals as outlined in the 2016-2020 Strategic Management Plan still reflect the community’s priorities and no changes were required. Following internal analysis of Council’s performance during the 2016-2020 period it was identified that some refinement of Council’s strategies and performance measures was required.
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Further to this, Elected Members and staff participated in a facilitated “Strategic and Policy Planning Alignment” workshop in March 2020. During this day, work was undertaken to help clarify the vision and strategic directions going forward. As a result, a new ‘vision statement’ has been developed. The new 2021-2025 Draft Strategic Management Plan (refer Attachment 1) has now been developed to a point that further community input is now sought. This period of consultation will be open for six (6) weeks to allow for maximum community participation. All submissions received will help inform that final Plan which will be presented back to Council in the near future prior to adoption of the final 2021-2025 Strategic Management Plan.
COMMUNITY ENGAGEMENT PLAN Level 2 - Consult Per the attached Community Engagement Plan (Attachment 2), the community now has the opportunity to provide further feedback on the draft Plan prior to adoption.
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: Corporate Management Team Manager Business & Public Relations In preparing this report, the following external parties were consulted: Nil
POLICY IMPLICATIONS Nil
BUDGET AND RESOURCE IMPLICATIONS Nil
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS This recommendation ensures that Council is compliant with Section 122 (6) of the Local Government Act 1999.
ATTACHMENTS 1. Attachment 1 - Draft 2021-2025 Strategic Management Plan - For Consultation (under separate cover) 2. Attachment 2 - Strategic Management Plan Review - Stage 2 - Community Engagement Plan
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22.3 LOCAL ROADS AND COMMUNITY INFRASTRUCTURE PROGRAM - PROJECTS Document #: 20/73173 Department: Executive Services
PURPOSE To seek endorsement of a package of projects to be undertaken with the Local Roads and Community Infrastructure Program funding.
RECOMMENDATION That Council 1. endorse the CEO to apply for projects under the Australian Government’s Local Roads and Community Infrastructure Program; 2. endorse the projects (as listed below) to be nominated in the Work Schedule Template – Project nomination form: (a) Patch Sheeting North – Sections of James Well Road ($130,000); (b) Patch Sheeting South – Sections of Didlyamulka Road ($130,000); (c) Spoon Drain Replacement Program ($100,000); (d) Coastal Management Strategy Projects - (Fencing, signage and vehicle and pedestrian access management.) ($100,000); (e) Walk the Yorke Upgrades – Rogues Point, Parara and Port Moorowie ($37,000); (f) Shelters and Other Structures Refresh ($175,000); (g) Tourism Signage Upgrades Federation Park ($35,000); (h) Pine Point Standpipe Upgrade Pine Point ($45,000); (i) RSL Car Park Upgrade - Ardrossan ($50,000); (j) Clifftop Walking Trail Relocation - Ardrossan ($32,000); (k) Gum Flat Picnic Shelter Installation - Minlaton ($30,000); (l) Stormwater Infrastructure Upgrade – Elizabeth Street and Robert Street - Maitland ($20,000); and (i) Beach Shelter Installation - Balgowan ($20,000). 3. approve an exemption for open tendering under PO058 Purchasing and Procurement Policy for the abovementioned projects, delegating authority to the CEO.
LINK TO STRATEGIC PLAN Goal: 1 Economically Prosperous Peninsula Strategy: 1.7 Support employment opportunities for our community
BACKGROUND On 22 May 2020 the Australian Government announced a new $500 million Local Roads and Community Infrastructure Program (LRCI Program).
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The LRCI Program is designed to stimulate additional infrastructure construction activity in local communities and assist recovery from COVID-19 by supporting local jobs, firms and procurement, using local businesses and workforces to deliver projects nominated under the LRCI Program. The intended outcomes of the LRCI Program are to: provide stimulus to protect and create local and short-term employment opportunities through funded projects following the impacts of COVID-19; and deliver benefits to communities, such as improved road safety, accessibility and visual amenity. The LRCI Program is administered by the Department of Infrastructure, Transport, Regional Development and Communications.
DISCUSSION Government has used a formula taking into consideration road length and population and is based on recommendations of Local Government Grants Commissions. Using this formula Yorke Peninsula Council will receive a grant of $903,914 (excluding GST) under the LRCI Program. Yorke Peninsula Council is required to nominate projects to be undertaken under the LRCI Program. Eligible projects may include: Eligible local road projects - projects that involve the construction or maintenance of roads managed by Council. Council is encouraged to consider how works can support improved road safety outcomes. This could include projects involving any of the following associated with a road:
o traffic signs; o traffic control equipment; o street lighting equipment; o a bridge or tunnel; o a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station); o facilities off the road that support the visitor economy; and o road and sidewalk maintenance, where additional to normal capital works schedules.
Eligible community infrastructure projects are projects that involve the construction, maintenance and/or improvements to council-owned assets (including natural assets) that are generally accessible to the public.
Projects that involve the construction, maintenance and/or improvements to state/territory and crown owned land/assets and Commonwealth owned land/assets, can also be eligible projects where the Council can confirm that they have the authority of the land or asset owner to undertake the project at the nominated site(s) and the sites are accessible to the public (including natural assets). These projects must deliver benefits to the community, such as improved accessibility, visual amenity, and/or safety. Examples of eligible works include:
o Closed Circuit TV (CCTV); o bicycle and walking paths; o painting or improvements to community facilities; o repairing and replacing fencing; o improved accessibility of community facilities and areas;
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o landscaping improvements, such as tree planting and beautification of roundabouts; o picnic shelters or barbeque facilities at community parks; o playgrounds and skate parks (including all ability playgrounds); o noise and vibration mitigation measures; and o off-road car parks (such as those at sporting grounds or parks). To be considered an eligible project, projects need to be additional to an Eligible Funding Recipient’s existing work plan for 2020-21. Projects that have been brought forward from post 2020-21 work plans will be considered additional. Staff and Elected Members have reviewed the Elected Projects. Staff advocate the projects as listed in the recommendation. These projects strongly meet eligibility criteria and staff are confident these projects will be approved.
COMMUNITY ENGAGEMENT PLAN Level 1 - Inform
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: Corporate Management Team Environment Officer In preparing this report, the following external parties were consulted: Nil
POLICY IMPLICATIONS PO 058 Purchasing and Procurement Policy PO 121 External Grant Funding Policy
BUDGET AND RESOURCE IMPLICATIONS Nil.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS This funding will allow Council to provide important economic stimulus to the local community, supporting local businesses and trades, many of whom are severely struggling due to the COVID- 19 pandemic.
ATTACHMENTS 1. Letter of Offer - Local Roads and Community Infrastructure Program
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22.4 YORKE PENINSULA ALLIANCE REGIONAL PUBLIC HEALTH PLAN REVIEW Document #: 20/71540 Department: Executive Services
PURPOSE To seek Council approval to proceed to public consultation on the draft 2020 – 2025 Yorke Peninsula Alliance Regional Public Health Plan.
RECOMMENDATION That Council endorse the draft 2020 – 2025 Yorke Peninsula Alliance Regional Public Health Plan for public consultation.
LINK TO STRATEGIC PLAN Goal: 2 Community Connected through Infrastructure 3 Valued and Restored Environment 4 Community Engaged and Supported 5 Responsible Governance Strategy: 2.1 Develop and deliver on Asset Management Plans for all asset classes 2.2 Utilise technology to provide easy access to Council information (e.g. planned infrastructure works, location of public facilities, events etc.) 2.3 Provide disability access infrastructure 2.5 Explore provision of new infrastructure 3.6 Develop Environmental Management Plan 4.1 Invest in youth activities and events 4.5 Continue delivering compliance and environmental health services and inspections 4.10 Continue to provide Council’s ‘Leisure Options’ services 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND Under the South Australian Public Health Act 2011 (Act) Councils are the Relevant Authority for their Council area and, accordingly, have significant responsibilities to protect and promote public health, provide core public health services and mitigate public health risks. The Act requires all councils to develop public health plans, in consideration of the priorities identified in the State Public Health Plan (SPHP), that respond to local community needs and priorities. The Minister may also approve a group of councils to prepare a Regional Public Health Plan, to facilitate collaboration in addressing regional public health needs and priorities. Such approval was given to the Yorke Peninsula, Copper Coast, Barunga West and Wakefield Regional Councils (Yorke Peninsula Alliance) to prepare the 2014–2020 Yorke Peninsula Alliance Regional Public Health Plan (2014-2020 Plan) as provided in Attachment 1.
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The Yorke Peninsula, Copper Coast and Barunga West Councils have engaged Holmes Dyer to assist in the review and update of the 2014 – 2020 Plan (Attachment 1), in consideration of legislative requirements, plans, policies and the current challenges and opportunities for public health within the region. Wakefield Regional Council, although still a member of the Yorke Peninsula Alliance, have determined not to participate in the review and update of the 2014 – 2020 Plan (Attachment 1) in favour of developing their own plan. For the purpose of this report and the review, the Yorke Peninsula, Copper Coast and Barunga West Councils will continue to be referred to as the Yorke Peninsula Alliance (Alliance).
DISCUSSION As Public Health Authorities, Councils play an important role in community-level public health and wellbeing. Infrastructure, walking trails, libraries, community facilities, open spaces and community services are essential for promoting community connection, physical and mental health. The draft 2020 – 2025 Yorke Peninsula Alliance Regional Public Health Plan (2020 – 2025 Plan) as provided in Attachment 2, has been developed based upon the framework provided by the SPHP and in consideration of a wide range of current evidence including relevant plans, policies, statistics and trends. Existing Council services and activities, along with emerging challenges and opportunities, have also been taken into account to develop the proposed public health priorities and actions. The draft 2020 – 2025 Plan (Attachment 2) aligns with individual council strategic management plans and has been prepared in consultation with key staff across all three Alliance councils. To ensure the 2020 – 2025 Plan (Attachment 2) best meets the needs of the region and considers the aspirations of our community and stakeholders, public consultation is essential. Consultation is the next step in the development of the 2020 – 2025 plan (Attachment 2). Holmes Dyer will assist the Alliance in undertaking a coordinated, regional program of community and stakeholder engagement, in accordance with the Community Engagement Plan provided in Attachment 3. The draft 2020 – 2025 Plan has been prepared with a focus on the information; the presentation and format will be further developed at the completion of the public consultation phase, in consideration of submissions received and subsequent alterations that may be required.
COMMUNITY ENGAGEMENT PLAN Level 2 - Consult A Community Engagement Plan has been prepared and is provided in Attachment 3.
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: Governance Officer In preparing this report, the following external parties were consulted: SA Health – A list of resource references is provided with in the 2020 – 2025 Plan Local Government Association 2020 – A list of resource references is provided with in the 2020 – 2025 Plan Barunga West Council Copper Coast Council Holmes Dyer
POLICY IMPLICATIONS Council’s Strategic Management Plan, asset management plans and the Yorke Peninsula and Lower Mid North Region Recreation, Sport and Open Space Strategy 2014, in addition to numerous
Item 22.4 Page 181 COUNCIL MEETING AGENDA 12 AUGUST 2020 policies, underpin Council’s commitment to public health and wellbeing. The following policies are particularly relevant: PO057 Community Engagement Policy PO091 Risk Management Policy PO128 Asset Management PO167 Open Space Contributions Policy PO178 Community Emergency Management and Disaster Recovery Policy
BUDGET AND RESOURCE IMPLICATIONS The cost of reviewing and updating the Yorke Peninsula Alliance Regional Public Health Plan is shared equally between the Alliance and is within existing, approved Council budget.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS Local government have significant responsibilities to protect and promote public health, provide core public health services and to manage the associated public health risks. Additionally Council recognise that public health and wellbeing is imperative in ensuring in a balanced, vibrant and thriving community.
ATTACHMENTS 1. Yorke Peninsula Alliance Regional Public Health Plan 2014 - 2020 (under separate cover) 2. Draft Yorke Peninsula Alliance Regional Public Health Plan 2020-2025 (under separate cover) 3. Yorke Peninsula Alliance Regional Public Health Plan Review - Community Engagement Plan
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22.5 BUSINESS SA - LOCAL BUSINESS SUPPORT AND RECOVERY PROGRAM Document #: 20/70810 Department: Executive Services
PURPOSE To seek approval from Council to lift this matter from the table and resume proceedings at the point proceeding the resolution from the 8 July 2020 Council meeting.
RECOMMENDATION That Council: 1. agree to lift the matter “Business SA – Local Business Support and Recovery Program” from the table for further consideration by elected members; and 2. resume proceedings at the point preceding the resolution below:
Cr Meyer moved and Cr Langford seconded
That the matter lay on the table CARRIED 159/2020 (8/0/2020)
LINK TO STRATEGIC PLAN Goal: 1 Economically Prosperous Peninsula Strategy: 1.5 Partner and build positive relationships with key stakeholders to progress tourism and business growth, including enabling the attraction of niche businesses
BACKGROUND At the 8 July 2020 Council meeting a report was presented to seek a resolution from Council to endorse and support the proposed “Local Business Support and Recovery Program” at a cost of $25,000 to Council. During the debate surrounding this report the following resolution was carried:
Cr Meyer moved and Cr Langford seconded That the matter lay on the table CARRIED 159/2020 (8/0/2020)
DISCUSSION The above resolution passed at the 8 July 2020 Council meeting to lay the matter on the table will require Council to agree to lift the matter and resume proceedings at the point proceeding the resolution. Business SA were invited to present the proposal at Council’s Workshop held on Wednesday, 22 July 2020. David Slama, Executive Director, Business SA, presented to the Elected Members and staff, answered questions and provided About Business SA documentation (attached).
COMMUNITY ENGAGEMENT PLAN Level 1 - Inform
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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 Nil
BUDGET AND RESOURCE IMPLICATIONS The cost to Council to support this program is $25,000.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS Nil
ATTACHMENTS 1. Business SA - Agenda Item 22.2 - 8 July 2020 2. About Business SA
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23 CORPORATE AND COMMUNITY SERVICES
23.1 FINANCIAL REPORT AS AT 31 JULY 2020 Document #: 20/69414 Department: Corporate and Community Services
PURPOSE For Council to consider the financial report and capital projects update report as at 31 July 2020.
RECOMMENDATION That Council receive the financial report and capital projects update report as at 31 July 2020.
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 $23.4m, have been raised for the 2020/2021 financial year but are only due and payable either in full in September 2020 or by quarterly instalments in September 2020, December 2020, March 2021 and June 2021. o Note 1 - grants, subsidies & contributions of $75k received to date. o Note 1 – dog registration income of $1k received to date as they are not due yet. o Note 1 - income from building and planning activity of approximately $32k and septic tank registration fees of approximately $3k is included. o Note 1 - also included, is approximately $22k of reimbursements and miscellaneous income.
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o Note 1 - $298k collected for user charges (boat ramps, caravan parks, cemetery fees, hall hire, etc.) are included in the total income. o Note 2 - the following major expenditure has been paid in advance early in the 2020/2021 financial year as per the required payment terms with the goods and services to be delivered or consumed over the remainder of the financial year: . Memberships/Subscriptions/Contributions/Donations: $29k; Buildings Plus asset management annual subscription: $2k; Australia Day Council annual membership: $1k; Various staff professional accreditations/ memberships/ subscriptions: $6k; YP Visitor Information Service licenses, online booking system, website maintenance, memberships: $1k; Caravan Parks memberships, online booking system: $18k; Miscellaneous minor items: $1k; . IT Licence Fees: $109k; . Plant & Equipment Registration: $121k. o Note 2 - commitments of approximately $3.1m include orders worth approximately $2.3m for waste management and refuse collection and disposal services in 2020/2021 raised for the entire year. o Note 2 – finance costs (interest on loans) of $20k have been incurred year to date. o Note 2 - depreciation for one (1) month of the financial year has been included in the YTD expenditure being 1/12th of the 2020/2021 annual budget estimate. o Notes 3 & 4 - commitments of approximately $685k (including yet to be approved rollovers) for various capital projects, details of which can be found in Attachment 2 of this report. Attachment 2 – Capital Projects Update Report o All Year to Date expenditure in this report includes invoices paid to date and orders outstanding. The total of this amount is then compared against the current budget to provide the budget remaining. o It should be noted that the month end balances in the capital report are different to those in Attachment 1 – UPF. This is due to the UPF reflecting the actuals as at the last day of the month, whereas the capital report includes some month end adjustments, correction to existing purchase orders and raising of new ones, backdated journals and correction of incorrectly allocated amounts. Making these adjustments means the report shows expenditure incurred as well as expenditure forecast for the remainder of the year along with budget remaining against each project.
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
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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 first update for the 2020/2021 financial year. At this stage, financial performance remains on track against Council’s endorsed Budget. It should be noted that Council’s 2019/2020 accounts are currently being finalised and the likely impact on 2020/2021 of Council’s 2019/2020 year-end financial position will not be available until October/November this year. Expenditure on capital projects including commitments is very low at this stage as most projects are in the planning stage. After one (1) month in the 2020/2021 financial year 92% of the budgeted capital funds remain uncommitted. There are projects that were not commenced or incomplete (for various reasons) at the end of 2019/2020 and will need to be rolled over to 2020/2021 for completion. A report has been provided for Council’s consideration at the August 2020 Council meeting. These amounts have been included in the Capital Projects Update report but not in the UPF at this stage.
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 July 2020 2. Capital Projects Update Report as at 31 July 2020
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23.2 BUDGET ROLL OVERS - 2019/2020 Document #: 20/69418 Department: Corporate and Community Services
PURPOSE To seek approval to roll over to the 2020/2021 Budget, projects not commenced or completed at 30 June 2020 and associated budget amounts not expended in the 2019/2020 financial year to enable completion in 2020/2021.
RECOMMENDATION That Council endorse the list of 2019/2020 projects not commenced or completed and the respective budget funding required, as presented, for inclusion in the 2020/2021 Budget.
LINK TO STRATEGIC PLAN Goal: 5 Responsible Governance Strategy: 5.1 Openness and transparency of reporting Council’s performance 5.2 Effective leadership and informed decision making 5.3 Meet all legislative requirements and compliance with Council’s internal controls 5.5 Undertake effective risk management
BACKGROUND At the close of the financial year on 30 June 2020 some operating and capital projects scheduled for completion in the 2019/2020 financial year remained incomplete (work in progress) or had not commenced.
As a result, the budget for these projects was not spent (whole or part) in 2019/2020 and needs to be rolled over to the 2020/2021 financial year to enable completion of these projects.
This action is in accordance with Council’s PO142 Budget Reporting and Amendment Policy which requires that the scope and funding requirements of such projects be reviewed and considered by Council each year at its August meeting.
The list of projects requiring budgets to be rolled over from 2019/2020 to 2020/2021 has been compiled after consultation with all Budget Managers and has been endorsed by the Corporate Management Team.
As part of this process the scope of each project and its funding were reviewed and any variations have been explained in Attachment 1 to this report which contains a full list inclusive of associated details for all projects.
The total expenditure budget amount to be carried forward is $1,849,946 of which $1,440,302 constitutes capital expenditure with the remainder being operating expenditure.
DISCUSSION As mentioned above, the budget funds being rolled over were available in the 2019/2020 financial year but remained unspent as at 30 June 2020. If endorsed they will be included in the 2020/2021 operating and capital budget and will be included in future monthly financial reports to Council.
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The indicative impact on the 2020/2021 Budget is likely to be as follows: net increase in budgeted operating deficit: $409,643 increase in budgeted capital expenditure: $1,440,302 no expected change to forecast cash as the budgets being rolled over will only result in a shift in expenditure between the 2019/2020 and 2020/2021 financial years change from net lending to net borrowing position increase to forecast Operating Surplus Ratio increase to forecast Financial Liabilities Ratio increase to Asset Renewal Funding Ratio
It should be noted that as these funds were not expended in the 2019/2020 financial year there will be an equal and opposite impact on the 2019/2020 Financial Statements currently being prepared for audit.
While the list of roll over projects (and subsequent budgets) are being formally adopted via this report in accordance with Council’s policy, the impacts listed above are indicative only and the exact impact on Council’s 2020/2021 financial position and performance will be determined and considered as part of the first quarterly budget review at the end of September 2020 along with all other reviews, proposed budget amendments for the first quarter of the 2020/2021 financial year and amendments due to the incorporation of 2019/2020 audited financial results.
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 Accountant – Financial Operations Budget Managers In preparing this report, the following external parties were consulted: Nil
POLICY IMPLICATIONS PO142 Budget Reporting and Amendment Policy
BUDGET AND RESOURCE IMPLICATIONS Financial implications are as detailed in this report.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS Not rolling over the recommended budget amounts for inclusion in the 2020/2021 Budget will result in projects, in progress or not commenced in 2019/2020, not being completed which will impact financial indicators (ratios). Local Government Act 1999 Local Government (Financial Management) Regulations 2011
ATTACHMENTS 1. Budgets Rolled Over to 2020/2021
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23.3 PRELIMINARY DRAFT DISABILITY ACCESS AND INCLUSION PLAN 2020 YORKE PENINSULA REGIONAL ALLIANCE Document #: 20/72091 Department: Corporate and Community Services
PURPOSE To advise Elected Members in regard to the preparation of a preliminary draft paper on the Disability Access and Inclusion Plan 2020 for the Yorke Peninsula Regional Alliance and seek approval to commence community and stakeholder consultation on the draft paper.
RECOMMENDATION That Council endorse the Disability Access and Inclusion Plan 2020 Yorke Peninsula Regional Alliance preliminary draft paper for stakeholder input via community consultation.
LINK TO STRATEGIC PLAN Goal: 2 Community Connected through Infrastructure 5 Responsible Governance Strategy: 2.3 Provide disability access infrastructure 5.2 Effective leadership and informed decision making
BACKGROUND The Yorke Peninsula Regional Alliance Councils of Yorke Peninsula, Barunga West and Copper Coast are working together to prepare a regional Disability Access and Inclusion Plan (DAIP) by 31 October 2020, as required under Part 5, section 16 of the Disability Inclusion Act 2018 (SA). The approach adopted by the Yorke Peninsula Alliance Councils seeks to deliver: A regional planning framework aligned with the State Plan that facilitates consistency across the region; and Individual Council action plans that show alignment with individual Council strategic management plans. The Alliance Councils are sharing the costs for an external planning consultancy Holmes Dyer to assist in preparing the DAIP and undertake consultation. Phase 1 of the project has involved preparation of a preliminary draft paper on the Disability Access and Inclusion Plan 2020 to inform the community in regard the regional planning framework and seek community feedback.
DISCUSSION The Department of Human Services (DHS) is the lead State Government agency for disability access and inclusion. On 1 November 2019, DHS released South Australia's First State Disability Inclusion Plan 2019–2023 (Inclusive SA) following a period of community and sector consultation. Inclusive SA sets out priorities and actions over a four-year period under the four key themes of: 1. Inclusive communities for all 2. Leadership and collaboration 3. Accessible communities
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4. Learning and employment. The State Plan is a requirement of the Act and sets a framework to implement the National Disability Strategy 2010-2020 (NDS). DHS has prepared a toolkit to assist councils (and State agencies) to prepare, develop and report on their Disability Access and Inclusion Plans (DAIPs). This includes guidelines which set out the content that Council must include in its Plan. The Local Government Association has also prepared resources to assist councils in preparing their plans. In summary, the DAIP must: Address the risks relating to priority groups living with disability; Include measures to ensure that people living with a disability can access Council supports and services; Show how Council will give effect to the Objects and Principles set out in Part 2 of the Act; Show how Council will give effect to the State Plan; Include strategies to support people with disability in the following areas: o Access to built environs, events and facilities o Access to information and communications o Address specific needs of people with a disability in programs and services o Employment; Meet consultation requirements. Given tight timeframes for completion of the DAIP, a preliminary draft paper has been prepared for the region which reflects research undertaken to date and includes targeted community (online and hard copy survey) and stakeholder input (telephone interviews). Across the region, approximately 270 individuals provided input to assist in shaping five regional focus areas, as follows: 1. Joining in with tourism, events and sports; 2. Having a say in Council decisions; 3. Moving around the region; 4. Finding information easily; 5. Working with Council. The next stage in preparation of the Plan involves community and stakeholder consultation to validate and refine the five regional focus areas and to begin to formulate opportunities, issues and areas for action for each of the individual Alliance Councils. Holmes Dyer will assist the Alliance in undertaking a coordinated, regional program of community and stakeholder engagement, in accordance with the Community Engagement Plan provided in Attachment 2.
COMMUNITY ENGAGEMENT PLAN Level 2 - Consult
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: Chief Executive Officer
Director Corporate and Community Services
Executive Assistant to the Director Corporate and Community Services The following external parties were consulted to inform the preliminary draft regional DAIP: Barunga West Council
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Copper Coast Council Community survey to existing community organisations LGASA (resource materials) Yorke Peninsula Community Transport Bedford Novita/SCOSA Regional Disability Legatus Carers and Disability Network Copper Coast DDA Advisory Committee. A meeting between the appointed consultant and Council’s Disability Access Working Party is scheduled for 9 September 2020 during the proposed consultation period and prior to a presentation by Holmes Dyer to Council at its scheduled workshop on 23 September 2020.
POLICY IMPLICATIONS PO057 Community Engagement Policy
BUDGET AND RESOURCE IMPLICATIONS The Alliance Councils are sharing the costs for an external planning consultancy Holmes Dyer to assist in preparing the DAIP and undertake consultation. A quote for $22,440 excluding GST to be split evenly between the three councils was provided for the following items: Task Estimate Timeframe Hours Fee (+GST) Establish Plan framework May - Jun 2020 17 $3,740 Develop Strategies Jun - Jul 2020 26 $5,720 Prepare draft regional DAIP Jul - Aug 2020 37 $8,140 and action plans Consultation Aug - Sep 2020 12 $2,640 Finalise regional DAIP and Oct 2020 10 $2,200 action plans TOTAL $22,440 (+GST)
Yorke Peninsula Council is funding its portion of the costs from the 2019/2020 budget which has $13,000 put aside for the DAIP implementation. Any additional costs will be put forward as a second quarter budget review adjustment.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS The Alliance Councils have established a work program to achieve the 31 October 2020 timeframe for endorsement of a Disability Access and Inclusion Plan (DAIP) in accord with legislative requirements. Should this timeframe not be met Council will not conform with the requirements of the Disability Inclusion Act 2018 (SA).
ATTACHMENTS 1. Preliminary Draft Regional DAIP 2020 Yorke Regional Alliance (under separate cover) 2. Community Engagement Plan - Yorke Peninsula Alliance Disability Access and Inclusion Plan
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24 ASSETS AND INFRASTRUCTURE SERVICES
Nil
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25 DEVELOPMENT SERVICES
25.1 ASSUMPTION OF CARE, CONTROL AND MANAGEMENT OF LAND - SECTION 379 CUNNINGHAM ROAD HD MAITLAND, CERTIFICATE OF TITLE VOLUME 5591 FOLIO 724. Document #: 20/62548 Department: Development Services
PURPOSE To seek permission to assume care, control and management of Section 379 Cunningham Road, HD Maitland, Certificate of Title Volume 5591 Folio 724 (Yorke Valley Dam Site) as Community Land pursuant to Section 192 of the Local Government Act 1999.
RECOMMENDATION That Council resolve to assume care, control and management of Section 379 Cunningham Road, HD Maitland, Certificate of Title Volume 5591 Folio 724 (Yorke Valley Dam Site) as Community Land, under a Category 3 – Community Land Management Plan, Public and Community Facilities pursuant to Section 192 and 196 of the Local Government Act 1999.
LINK TO STRATEGIC PLAN Goal: 1 Economically Prosperous Peninsula Strategy: 1.3 Improve visitor experiences, infrastructure, signage, information and support
BACKGROUND When Yorke Peninsula was first opened to white settlement and agriculture, circa 1840, water for the population and stock was a high priority. Several government dams were established to supply water to the public. One of those was the Yorke Valley dam, built at the intersection of Spencer Highway, Cunningham, Thiepvale and Yorke Valley roads, approximately six (6) kilometres south of Maitland, refer Attachment 1. The Yorke Valley Dam site is steeped in history, constructed by Thomas and Alex McCauley in 1886 at a cost of two hundred pounds and then dedicated as a Water Conservation Reserve in July 1980 it was placed under control of the local Council in June 1931. The two acre dam reserve was purchased by John and Jessie Hill in 1967 and used as a stock paddock and pumped water across the road to the farm for garden and stock use. Gregory (Greg) and Meredith Schulz purchased the reserve in 1983 and repaired the windmill and plumbing to pump water to the Thiepvale homestead. The windmill is currently in disrepair. Greg and Meredith’s vision was to develop the reserve into a road side stop that would provide an enjoyable experience for locals and travellers, along with insight into the history and ongoing issues surrounding water resource management on the Yorke Peninsula. Council, local community groups and the Schulz’ began planning for the Yorke Valley Dam Site project in 2017. A parking bay has been established along with an outdoor shelter. An interpretive walk is being developed around the perimeter of the dam, with historic water pumping equipment suitably placed for viewing.
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DISCUSSION As the Yorke Valley Dam Site is intended to be a community space for many generations, it is proposed that Council assume care, control and management of the land which effectively means it will become Community Land. Pursuant to Section 192 of the Local Government Act 1999 (Act), a council may assume the care, control and management of land in its area that has been set aside for the use or enjoyment of the public or a section of the public if- (a) the owner of the land; and (b) any person who has a recognised interest in the land under subsection (2), consent to the assumption. The owners of the land Greg and Meredith Schulz have consented for Council to assume care, control and management by way of a lease agreement. A lease agreement is required between the Schulz’ and the Council to set out the requirements for on-going management of the Yorke Valley Dam Site. The terms and conditions of the lease will ensure that the property management of the area is undertaken, that it is maintained in a safe and functional condition, and that the interest of Council and the public are protected. Local Government Association templates will be utilised for the proposed lease agreement. The Act also requires Council to manage Community Land in accordance with any management plan for the relevant land. It is proposed that the most appropriate Community Land Management Plan is Public and Community Facilities, refer Attachment 2. A Public and Community facility is defined as a piece of land or building set aside to encourage, promote and facilitate recreational, cultural, social, historical and educational pastimes and activities, and to provide for passive recreational activities. Should Council resolve to assume care, control and management of the Yorke Valley Dam Site as Community Land. A copy of the resolution must be published in the Government Gazette.
COMMUNITY ENGAGEMENT PLAN Level 1 - Inform Public Consultation is not required under the Local Government Act 1999 or Council’s Community Engagement Policy PO057.
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: Corporate Management Team Operations Manager Governance Officer Accountant – Financial Management In preparing this report, the following external parties were consulted: Local Government Association Mutual Liability Scheme Greg and Meredith Schulz
POLICY IMPLICATIONS PO057 Community Engagement Policy
BUDGET AND RESOURCE IMPLICATIONS Establishment of car park including materials for walking trail – estimate $2,000 (one off payment and work completed)
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Pruning of trees $850 (one off payment and work completed) Lease fees – the amount equivalent to the declared rates for the land subject to valuation increases for the land. 2021 rates $445.36 It is essential that Council appropriately identifies and manages the risks associated with its involvement in the project and the care, control and management of the Yorke Valley Dam Site. It is also essential that Council ensure that all parties to the project and the proposed lease agreement hold appropriate insurances.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS Local Government Act 1999, Section 192 – Assumption of care, control and management of land. Local Government Act 1999, Section 196 – Management plans.
ATTACHMENTS 1. Map - Yorke Valley Dam Site 2. Community Land Management Plan - Category 3 Public and Community Facilities
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25.2 PROPOSED NEW LEASE - MINISTER FOR EDUCATION FOR PORTION OF SECTION 404 NORTH TERRACE, STANSBURY CROWN RECORD VOLUME 5757 FOLIO 168 Document #: 20/62961 Department: Development Services
PURPOSE To seek permission to grant a five (5) year lease with a further five (5) year right of renewal to the Minister for Education for a portion of Section 404 North Terrace, Stansbury, Crown Record Volume 5757 Folio 168.
RECOMMENDATION That Council: 1. endorse a five (5) year lease with a further five (5) year right of renewal to the Minister for Education for a portion of Section 404 North Terrace, Stansbury, Crown Record Volume 5757 Folio 168. 2. authorise the Mayor and Chief Executive Officer to sign and affix Council’s Common Seal in order to execute Lease documents.
LINK TO STRATEGIC PLAN Goal: 1 Economically Prosperous Peninsula Strategy: 1.9 Efficient delivery of permits, leases and licences
BACKGROUND The Minister for Education has leased a portion of Section 404 North Terrace, Stansbury, Crown Record Volume 5757 Folio 168 for the purpose of providing an oval for facilitating sport and educational activities for the Stansbury Primary School. This lease is due to expire on 21 November 2020.
DISCUSSION For the Minister for Education to continue with the use of the property, Council needs to grant a lease agreement with the Minister for Education for a portion of Section 404 North Terrace, Stansbury, Crown Record Volume 5757 Folio 168 for a period of (5) five years commencing on 1 April 2020, with an option to renew for a further (5) years. A mandatory 75 % rebate to rates will apply pursuant to Local Government Act 1999, Section 165(1) (a), Rebate of Rates – educational purposes.
COMMUNITY ENGAGEMENT PLAN Level 1 - Inform Pursuant to Section 22 of the Local Government Regulations 2013, Council is not required to comply with its public consultation policy with respect to a lease or licence over community land if the lease or licence is being granted to the Crown, or to a Minister or other agency or instrumentality of the Crown.
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: Corporate Management Team Senior Rates Officer
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In preparing this report, the following external parties were consulted: Property Coordinator, Department for Education
POLICY IMPLICATIONS Not applicable
BUDGET AND RESOURCE IMPLICATIONS Lease fees $50 plus GST per annum Crown Solicitors to prepare lease agreement with no cost to Council.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS Local Government Act 1999 Division 6, Section 202 – Alienation of community land by lease or licence. Local Government (General) Regulations 2013 Section 22 – Exemption of certain leases or licences over community land from consultation requirements. Local Government Act 1999, Section 165(1)(a) - Rebate of Rates – educational purposes.
ATTACHMENTS 1. Leased Area
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25.3 POLICY UPDATE - PO132 CEMETERY MANAGEMENT Document #: 20/67690 Department: Development Services
PURPOSE To seek endorsement and approval from Council for the updated PO132 Cemetery Management Policy.
RECOMMENDATION That Council endorse and adopt the updated PO132 Cemetery Management 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 PO132 Cemetery Management Policy is the overarching policy which ensures administrative matters undertaken are equitable and consistent and control practices are maintained at all cemeteries under the care control and management of the Council. PO132 Cemetery Management is due for review after last being reviewed and updated in 2018.
DISCUSSION Management of Council’s cemeteries is governed by the Burial and Cremations Act 2013.This policy provides the management framework for Councils cemeteries and general legislative information for the public. The policy is accessible to the public via Council’s website. Whilst no legislative changes were required to the policy, minor amendments and additional wording have been added to further strengthen the policy, refer Attachment 1.
COMMUNITY ENGAGEMENT PLAN Level 1 - Inform
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted:
Property Tenure Officer In preparing this report, the following external parties were consulted: Nil
POLICY IMPLICATIONS PO132 – Cemetery Management
BUDGET AND RESOURCE IMPLICATIONS Nil
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RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS Burial and Cremations Act 2013 Local Government Act 1999
ATTACHMENTS 1. PO132 Cemetery Management Policy
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25.4 FEES AND CHARGES Document #: 20/70274 Department: Development Services
PURPOSE For Council to adopt and endorse new fees for inclusion in the Yorke Peninsula Council 2020/2021 Fees and Charges Register.
RECOMMENDATION That Council adopt and endorse the following fees for inclusion in Councils 2020/2021 Fees and Charges Register; 1. Public Notification Signage Fee $360.00 (inc GST)
2. Development Application Hard Copy Processing Fee $80.00 (inc GST)
3. Individual Bio-Degradable Dog Tidy Rolls $8.00 (inc GST)
LINK TO STRATEGIC PLAN Goal: 5 Responsible Governance Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND Council has identified three new fees which require the endorsement of Council to be included in the 2020/2021 Fees and Charges Register.
DISCUSSION Planning and Development Fees In accordance with the Planning, Development and Infrastructure Act 2016, Council transitioned to the ePlanning South Australia Planning Portal system on 31 July 2020. The Planning, Development and Infrastructure (Fees, Charges and Contributions) (Miscellaneous) Variation Regulations 2020 outline the new legislated fees and charges, which are paid for by the applicant directly via ePlanning South Australia Planning Portal system. There are however, two fees which the Department, Planning, Transport and Infrastructure have advised councils that they must determine and set accordingly; Public Notification Signage Fee o for any application that is subject to Public Notification, which now requires Council to prepare and erect relevant signage which is to be placed at the given address of any such development
(It is to be noted that an Applicant can undertake the preparation and erection of their own signage, in which case no Council fee is applicable)
Development Application Hard Copy Processing Fee
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o applied to an applicant lodging Development Application with the assistance of Council staff undertaken at the Council Office Council has given consideration to the expenses that will be incurred to carry out the above mentioned tasks to which the fee is to be applied, taking into account staff salary time, resources such as printing and laminating and vehicle mileage to travel to and from the site to erect signage etc. It is proposed that Council set the fees as follows; Public Notification Signage Fee - $360.00 (inc GST); and Development Application Hard Copy Processing Fee - $80.00 (incl GST) It is to be noted that the Director and Manager of Development Services has the Delegated Authority to vary these fees as they see fit. Bio Degradable Dog Tidy Rolls Dog tidy dispensers are installed in our community by both Council and local Progress Associations. Presently, Council refills the dispensers installed by Council, often with assistance from Progress Associations. Progress Associations take on the responsibility of refilling the dispensers which they have installed at their own cost. Council currently purchases the rolls in bulk at a reasonable cost of $7.20 (inc GST) per roll. It is suggested that Council offer Progress Associations the option to buy the rolls directly from Council. Progress Associations can purchase the rolls elsewhere, however the cost is much higher. It is proposed that Council set the fee as follows; Bio-Degradable Dog Tidy Rolls - $8.00 (inc GST)
COMMUNITY ENGAGEMENT PLAN Level 1 - Inform
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: Manager Financial Services Acting Manager Development Services Senior Compliance Officer In preparing this report, the following external parties were consulted: Nil
POLICY IMPLICATIONS Nil
BUDGET AND RESOURCE IMPLICATIONS If Council does not adopt the associated fees in relation to the PDI Act 2016 then the expenses will need to be absorbed in the 2020/2021 budget.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS Local Government Act 1999 Local Government (Financial Management) Regulations 2011 PDI ACT 2016 Planning, Development and Infrastructure (Fees, Charges and Contributions) (Miscellaneous) Variation Regulations 2020
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ATTACHMENTS Nil
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25.5 REVIEW - COUNCIL ASSESSMENT PANEL TERMS OF REFERENCE Document #: 20/70781 Department: Development Services
PURPOSE For Council to endorse and adopt the updated Yorke Peninsula Council Assessment Panel Terms of Reference in accordance with the Planning, Development and Infrastructure (PDI)Act 2016.
RECOMMENDATION That Council endorse and adopt the updated Yorke Peninsula Council Assessment Panel Terms of Reference in accordance with the Planning, Development and Infrastructure Act 2016.
LINK TO STRATEGIC PLAN Goal: 5 Responsible Governance Strategy: 5.3 Meet all legislative requirements and compliance with Council’s internal controls
BACKGROUND Pursuant to Section 83 of the PDI Act 2016, Council established the Yorke Peninsula Council Assessment Panel (CAP) for the purpose of acting as the relevant authority for development applications lodged under the Development Act 1993. The Council Assessment Panel acts as a delegate of the Council in accordance with the Act and provides advice and reports to the Council as it thinks fit on trends, issues and other matters relating to planning or development. The Council Assessment Panel Terms of Reference were last updated and adopted by Council at the meeting held 11 December 2019.
DISCUSSION Further to the PDI Act 2016 being fully implemented on 31 July 2020, Council has reviewed the CAP Terms of Reference, refer to the tracked changes in (Attachment 1). At the 8 July 2020 Council meeting, Council endorsed and adopted the PO180 Notification – Accredited Professionals Policy which outlines the obligations of persons who are, or become accredited as Accredited Professionals pursuant to the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019. The responsibility for Independent Members to supply Council with a renewed annual Accreditation Certificate has been incorporated into the Terms of Reference. In accordance with legislation, it is now a requirement that Independent Members, the Council Member and the Deputy Council Member are required to complete a Section 83 Notice of Appointment form at the commencement of their term. The form will provide them indemnity under the Mutual Liability Scheme whilst undertaking their duties on CAP. This requirement has also been incorporated into the Terms of Reference.
COMMUNITY ENGAGEMENT PLAN Level 1 - Inform
CONSULTATION PROCESS In preparing this report, the following Yorke Peninsula Council officers were consulted: Chief Executive Officer
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In preparing this report, the following external parties were consulted: Nil
POLICY IMPLICATIONS PO180 Notification – Accredited Professionals Policy
BUDGET AND RESOURCE IMPLICATIONS The costs associated with Professional Accreditation is the responsibility of the Independent Member.
RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS PDI Act 2016 PDI Act (Accredited Professionals) Regulations 2019
ATTACHMENTS 1. Council Assessment Panel Terms of Reference
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26 GENERAL BUSINESS
Section 85 of the Act requires that matters on the Agenda are described with reasonable “particularity and accuracy” and reports and other documentation to be considered at a meeting are available to the public prior to the meeting. The practice of general business
should be restricted to matters of urgency.
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CONFIDENTIAL AGENDA
27 CONFIDENTIAL ITEMS
27.1 MATERIAL SUPPLY 2020/21 TENDER 210-2020
RECOMMENDATION Section 90 Order That pursuant to Section 90(2) and (3)(k) of the Local Government Act 1999, the Council orders, that the public be excluded from the meeting relating to Item 27.1 Material Supply 2020/21 Tender 210-2020, with the exception of the following persons: Chief Executive Officer Executive Assistant to CEO and Mayor Director Corporate and Community Services Director Assets and Infrastructure Director Development Services
The Council is satisfied that, pursuant to Section 90(2) and (3)(k) of the Act, the information to be received, discussed or considered in relation to report Item 27.1 Material Supply 2020/21 Tender 210-2020, is confidential information relating to: (k) tenders for the supply of goods, the provision of services or the carrying out of works. Accordingly, on this basis, the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.
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RESUMPTION OF PUBLIC MEETING
28 NEXT MEETING
Wednesday 9 September 2020
29 CLOSURE
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