Public Agenda 8 Feb 17 - Yorke Peninsula Council · 2017-02-03 · 1.2 Opening Prayer 1.3 Present 1.4 Leave of absence Cr Veronica Brundell 6th – 10th February 2017 1.5 Apologies

Yorke Peninsula Council

NOTICE OF MEETING

Notice is hereby given that the next ordinary meeting of Council will be held on Wednesday 8th February 2017,

in the Council Chambers, 57 Main Street, Minlaton commencing at 5.30pm

Andrew Cameron CHIEF EXECUTIVE OFFICER

A G E N D A

ITEM 1 YORKE PENINSULA COUNCIL

1.1 Welcome by Mayor – meeting declared opened

1.2 Opening Prayer

1.3 Present

1.4 Leave of absence Cr Veronica Brundell 6th – 10th February 2017

1.5 Apologies Cr Darren Braund

Yorke Peninsula Council Council Agenda Wednesday 8th February 2017

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1.6 Conflict of Interest

1.7 Minutes of previous meeting – for confirmation 1.7.1 Council meeting held on Wednesday 18th January 2017 at 5.30pm 1.7.2 Confidential Council meeting held on Wednesday 18th January 2017 at 6.02pm 1.7.3 Confidential Council meeting held on Wednesday 18th January 2017 at 6.06pm

1.8 Motions on Notice Nil

1.9 Questions on Notice Nil

1.10 Questions without Notice

1.11 Petitions Nil

ITEM 2 MAYOR Page Mayor Monthly Report 5

ITEM 3 COUNCILLORS’ REPORT Nil

ITEM 4 INFORMATION AGENDA Page 6

4.1 Items for exclusion

4.2 Receipt of Information Reports

4.3 Chief Executive Officer Pages 1. CEO Activities 7 2. Action List 8 - 13 3. ALGA New President Correspondence 14 - 16

CONFLICT OF INTEREST

Elected 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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4. Chris Picton MP Correspondence Pages 17 - 20 4.4 Corporate and Community Services

Nil 4.5 Assets and Infrastructure Services Pages 1. Construction and Maintenance Works 21 - 24 4.6 Development Services Pages 1. Inspectorial Activity Report 25 - 26 2. Environmental Health Report 27 - 28 3. Development Application Approvals 29 - 33 4. Wastewater System Application Approvals 34 - 36 ITEM 5 VISITORS TO THE MEETING Black Point proposed community land revocation Public Consultation (10 mins each)

1. 5.40pm Roger Sexton 2. 5.50pm Arch Thorne 3. 6.00pm Rodney Fox 4. 6.10pm Kim Lodge 5. 6.20pm George Kourlis 6. 6.30pm Burke Urban * unconfirmed 7. 6.40pm Warren and Karen Corbett * unconfirmed

ITEM 6 DEBATE AGENDA Page 37

6.1 CHIEF EXECUTIVE OFFICER Pages 1. 2016 State Local Government Infrastructure Partnership 38 - 50 2. PO100 Order Making Policy – Public Consultation outcome 51 - 60

6.2 CORPORATE AND COMMUNITY SERVICES Pages

1. Financial Report 31st January 2017 61 - 67 2. December 2016 Quarterly Budget Review 68 - 81 3. Post Office Funding Request – Pine Point 82 - 84 4. Corny Point Progress Association Inc Request 95 - 90 5. Pine Point Progress Association Inc Request 91 - 95 6. PO057 Community Engagement Policy 96 - 108

6.3 ASSETS AND INFRASTRUCTURE SERVICES Pages 1. Telstra and SA Water Infrastructure 109 - 111 2. Request for Speed Limit reduction – Clinton Road 112 - 113

6.4 DEVELOPMENT SERVICES Pages 1. Revocation of Community Land Black Point Allotment 201 114 - 149 2. Revocation of Community Land Black Point Allotment 202 150 - 185 3. Revocation of Community Land Black Point Allotment 203 186 - 221 4. Revocation of Community Land Black Point Allotment 204 222 - 257 5. Revocation of Community Land – Kainton Properties 258 - 260 6. Bush Camping Working Party 261 - 266

ITEM 7 GENERAL BUSINESS

Council has resolved that an Agenda Item “General Business” be included on the Council Agenda to enable members to raise matters of a minor nature for action by the Administration, or to call for reports.


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ITEM 8 CONFIDENTIAL AGENDA Pages 1. Black Point Boat Ramp Walkways Tender 160-2016 267 - 331 ITEM 9 NEXT MEETING Wednesday 8th March 2017

ITEM 10 CLOSURE


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MAYOR

IA/ITEM 2

MONTHLY REPORT FEBURARY 2017

PURPOSE

To keep Elected Members updated on Mayoral activities during the month of January 2017.

RECOMMENDATION

That the report be received.

DISCUSSION

18th January Attended the Bush Camping Working Party Meeting prior to the Monthly Council Meeting both held in the Council Chambers at Minlaton.

20th January Country Cabinet Pre-engagement meeting held at Maitland.

26th January Claudia and I attended the Australia Day Breakfast on the foreshore at Stansbury, followed by the Flag Raising Ceremony at Port Victoria and then the Yorke Peninsula Council’s Annual Australia Day Citizen of the Year awards at Minlaton Town Hall in the afternoon. All functions were well attended and a great way for our community to celebrate Australia Day.


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INFORMATION

AGENDA


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CHIEF EXECUTIVE OFFICER

IA/ITEM 4.3

1. CEO ACTIVITIES FEBRUARY 2017

PURPOSE

To keep Elected Members informed of other meetings and activities during the month of January 2017.

RECOMMENDATION


DISCUSSION

10th January Corporate Management Team meeting.

11th January Meeting with Cr Meyer various matters.

13th January Meetings with Crs Bittner and Rich various matters.

17th January State Emergency Response Plan Information Session

18th January Meeting with Greg Hall and Ross Sawers update on Rex Project. Monthly Council Meeting.

20th January Corporate Management Team meeting.

25th January Ardrossan Hospital and Trust Board Meetings at Ardrossan Meeting with PIRSA in relation to the Reef Project.

26th January Attended the Council’s Australia Day Citizen of the Year Awards at Minlaton.

27th January Black Point Progress Association Annual Meeting.


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IA/ITEM 4.3

2. ACTION LISTING REPORT

PURPOSE

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

RECOMMENDATION


LINK TO STRATEGIC PLAN

Goal: 5 Responsible Governance

Strategy: 5.5 Undertake effective risk management

DISCUSSION

The Action List included in the Council Agenda each month will incorporate action items from Council along with the current status.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

Local Government Act 1999

Yorke Peninsula Council’s Risk Management Framework

ATTACHMENTS

Attachment 1: Action Listing


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COUNCIL MEETING 8th February 2017

Action List

Responsible Officer

Agenda Item Number

Task Due Date

Status

Director Development Services

10th Aug 10 Item 20.4

Advise the Dept of Environment and Natural Resources that Council wish to Relinquish Care and Control of Crown Land Lot 88 Main Street Curramulka CR 5856/772

As soon as DEWNR responds

Underway - DEWNR advised,

no response to date

Work has

commenced on site

22nd January 2014


DA/CCS/R4 Organise Land Only lease for Balgowan Camping Ground

As soon as Ministerial approval is granted

Waiting on consent.

DEWNR Adelaide delegate now

working through outstanding

consents

14th May 2014

Director Assets & Infrastructure Services

DA/AIS/R3 Organise to have the following documents signed and sealed for the Walk the Yorke Leisure Trail with the State Government and private landholders

July 2014 – ongoing for duration of project

Only one private agreement still

outstanding Ongoing

13th May 2015


DA/DS/R2 Council agreed to accept care, control and management of Lot 10 Moorowie Terrace Port Moorowie CR5323/554

As soon as Ministerial approval is granted

Response from Minister Received

29/08/2016 – Awaiting

Additional Info from FOPM

10th June 2015


DA/CCS/R4 Relinquishment of care/control of Crown land occupied by the Royal Volunteer Coastal Patrol SA Inc. Port Victoria adjacent to the Port Victoria CFS station to accommodate the new CFS station requirements

Associated with Port Victoria CFS issue. RVCP will be transferred to Crown as result of Council relinquishing care/control.

With DEWNR for revocation of

existing dedication.

Waiting on written

confirmation.

12th August 2015


DA/CCS/R5 Finalise the proposed lease for the Royal Volunteer Coastal Patrol at Point Turton

March 2017 Shed location approved at the December 2016

DAP meeting


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9th March 2016

Director Assets & Infrastructure Services

DA/AIS/R1 Advise affected land owners in relation to Clinton Road Land Acquisition values

August 2016 Progress ongoing

8th June 2016


DA/DS/R4 Organise lease for Maitland Children’s Centre and have documents signed and sealed to execute lease.

March 2017 Liaising with lessees solicitor

on review

13th July 2016


DA/DS/R3 Commence Road Closure Process for un-named road reserve Section 297 PLN 130800 CT: 5348/524 ST Johns Pty Ltd

March 2017 Maloney Field Services

have commenced Road Closure

Process. MFS waiting for

preliminary plans.

10th August 2016


DA/DS/R1 Commence Road Closure Process of unmade road reserve and sale to Adelbridge Pty Ltd

March 2017 Maloney Field Services

have commenced Road Closure

Process. MFS waiting for

preliminary plans

14th September 2016

Director Corporate and Community Services

DA/CCS/MON Staff to investigate ways to reduce the 3% sustainability rate increase – various strategies

December 2016 Ongoing


DA/DS/R2 Proceed with seeking Ministerial approval for revocation of community land status for Kainton Recreation Grounds and Hall Committee

March 2017 Ministerial application has been sent for

approval


DA/DS/R9 Proceed with the community engagement process for Revocation of Land at Black Point Allotment 201

February 2017 Report back to February meeting





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10th October 2016


General Business – Question on Notice

Investigate the possibility of the inclusion of a RV dump point in the Minlaton Show Grounds

March 2017 Under investigation

14th December 2016

CMT

Motion on Notice

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

March 2017 Under Review

CEO

DA/CEO/R2 Organise for the Order Making Policy to go to public consultation

February 2017 Report back to February 2017

Council Meeting – Completed

CEO

DA/CEO/R4 Council explore suitable projects for consideration for the 2016 State Local Government Infrastructure Partnership

January 2017 Report back to February 2017

Council Meeting – completed


DA/CCS/R6 Organise public consultation process for PO057 Community Engagement Policy

February 2017 Report back to February 2017

Council meeting – Completed


DA/DS/R1 Organise for PO126 Street, Road and Public Place naming policy to be included in the policy manual and on the website

January 2017 Completed


DA/DS/R2 Liaise with the Maitland Progress Association about the installation of crossover ramps in Maitland

February 2017 Completed


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DA/DS/R4 Organise to finalise the supplementary deed for the LMA # 8010901

February 2017 Underway

18th January 2017

CEO

DA/CEO/R2 Organise to have sub delegations to staff updated in relation to Nuisance and Litter Legislation

February 2017 Underway


DA/CCS/R3 Organise Public Consultation process for the Chinaman Wells Seawall Funding request



DA/CCS/R4 Organise to have the new PO156 Internal Financial Control Policy included in Council’s policy manual and on the website



DA/CCS/R5 Organise to have the updated PO091 Risk Management Policy included in Council’s policy manual and on the website



DA/CCS/R6 Prepare and submit the application for hosting a stage of the Tour Down Under in 2018

February/March 2017

Completed


DA/DS/R1 Finalise documentation in relation to the appointment of the DAP



DA/DS/R2 Organise to have the new PO157 Camping on Council Land Policy included in Council’s policy manual and on the website


Director Assets and Infrastructure Services

General Business

Query from two EM’s in relation to Road signage, the question was taken on notice by the Director for follow up

February 2017 To be discussed with staff at the next Assets and

Infrastructure Services Briefing


CA/AIS/R1 Advise applicants of the outcome of the Bitumen Seal Programme 2016/17 Tender process



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CA/AIS/R2 Advise applicants of the outcome of the Roadside Vegetation Clearance 2016/17 – 2018/19 Tender process



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IA/ITEM 4.3

3. AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION NEW PRESIDENT

PURPOSE

Correspondence has been received from the Australian Local Government Association (ALGA) new President David O’Loughlin (copy attached).

RECOMMENDATION



Goal: 1 Economically Prosperous Peninsula

Strategy: 1.5 Partner and build positive relationships with key stakeholders

DISCUSSION

Correspondence has been received from the new President of ALGA who was elected to this role in November 2016. The new President is the current Mayor of the City of Prospect Mayor David O’Loughlin. Having the new President of this peak National Organisation as a peer in a South Australian Council will be highly beneficial for local government going forward. RISK/LEGAL/LEGISLATIVE IMPLICATIONS

Not applicable

ATTACHMENTS

Attachment 1: Correspondence from Mayor David O’Loughlin


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15


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IA/ITEM 4.3

4. CORRESPONDENCE RECEIVED FROM CHRIS PICTON MP

PURPOSE

Correspondence has been received from Chris Picton MP as a follow up to a meeting held with the Mayor and myself in October last year (copy attached).

RECOMMENDATION



Goal: 1 Economically Prosperous Peninsula

Strategy: 1.5 Partner and build positive relationship with key stakeholders

DISCUSSION

Correspondence has been received from Chris Picton MP as a follow up to concerns raised in relation to jetty repairs during a meeting held in October 2016 whilst Mr Picton was visiting the Yorke Peninsula.

Mr Picton followed the matter up by writing to Hon Stephen Mullighan, Minister for Transport and Infrastructure, with the Minister providing a written response in relation to the concerns raised.


Not applicable

ATTACHMENTS

Attachment 1: Correspondence from Chris Picton MP

Attachment 2: Correspondence from Hon Stephen Mullighan MP to Chris Picton MP as a follow up to meeting.


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DIRECTOR ASSETS & INFRASTRUCTURE SERVICES

IA/ITEM 4.5

1. CONSTRUCTION AND MAINTENANCE WORKS

PURPOSE

To provide a summary of capital and maintenance works undertaken within Assets and Infrastructure Services throughout the month preceding the February 2017 meeting of Council.

RECOMMENDATION



Goal: 2 Community Connected through Infrastructure Strategy: 2.5 Explore provision of new infrastructure

2.6 Install and upgrade appropriate traffic control device management

2.7 Upgrade and beautification of open (recreation) spaces (e.g. playgrounds, water parks, BBQ areas etc.)

BACKGROUND

This report provides Council with a summary of the capital and maintenance works undertaken within Assets and Infrastructure Services throughout the month preceding the Council meeting.

DISCUSSION

Road construction and maintenance requirements have been undertaken, or are due to commence, on the following roads complimenting 2016/17 budget allocations:

Road Works being Undertaken

Work Status Estimated Completion Date

Clinton Road Upgrading to a sealed road.

Ongoing – Approx. 8km remaining

End-June 2017

Harmer Road (by contractors)

Patch sheeting on sections to be identified.

Contract to commence 6th February 2017

End-June 2017

McCauley Road (by contractors)

Widening to set width and resheeting a 2km section.


End-June 2017

North Coast Road (by contactors)

Widening to a set width and resheeting.

Completed* *Contractor has advised an Engineers Report is being


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compiled in response to Council’s instructions for minor rectification works.

North South Road (by contractors)

Widening to a set width and resheeting a 2km section.


End-June 2017

Patch Sheeting (by contractors)

Patch sheeting on identified sections of the following unsealed roads: Bridgman Road Cook Road Graham Road Johnson Road Kenny Road Mason Road Mine Hill Road Old Boundary Road Pioneer Road Rowntree Road

Commenced End-February 2017

Pine Point Road (by contractors)

Widening to a set width and resheeting a 3km section between Hasting Road and James Well Road, and a 3.1km section between Yorke Highway and St Vincent Highway.


End-June 2017

Wattle Point Road Resheeting a 2km section.

Ongoing

End-February 2017

Patrol Grading efforts are ongoing throughout the district, aligned with available resources.

Parks, gardens and reserves are maintained in accordance with scheduled programming, subject to available resources.

Throughout January approximately 35 Customer Service Requests (CSRs) were attended to, with activities including:

o Public building maintenance o Repairs and replacement of signs o Response to acts of vandalism o Response to storm affected areas o Stormwater infrastructure maintenance

Council staff are continuing with mop up efforts to areas affected by storm damage. Work has generally been centred on the removal of fallen trees throughout the district, including within townships. With staff numbers below capacity, due to annual leave, all areas affected by the recent storms will take some time to return to a manageable standard. A great effort by all involved though.


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Roads programmed for roadside vegetation maintenance by Council throughout February 2017 are as follows:

Road Name Start Point End Point South Brutus Road Point Turton Road Point Souttar Road Waterloo Bay Road Pink Lake Road South Coast Road North Chinaman Wells Road Port Victoria Road Coast Sandy Church Road Spencer Highway Yorke Highway

Roadside vegetation clearance by contractor (Mechanical Vegetation Solutions Pty Ltd) is due to commence in late March. 2017 The following roads are proposed to be serviced in the first year of the three-year contact:

Road Name Start Point End Point South South Coast Road Yorke Highway Hundred Line Road Point Annie Road Liddiard Road Lighthouse Road Rockleigh Road West Beach Road Wurlie Road Wurlie Road Point Souttar Road Coast Hayes Road Lower White Hut Road Corny Point Road Gleesons Road White Hut Road Coast Yellowoorowie Road Point Souttar Road Hayes Road Point Souttar Road Yorke Highway North Coast Road White Hut Road Yorke Highway Liddiard Road McEacherns Beach Road

Waterloo Bay Road Coast

McEacherns Beach Road

Warooka Road Waterloo Bay Road

Hayward Park Road North Terrace, Wool Bay St Vincent Highway Dump Road St Vincent Highway Minlaton Road North

Mount Rat Road Spencer Highway West Terrace, Curramulka

Nalyappa Road Spencer Highway Port Victoria Road Balgowan Road Main Street, Balgowan Spencer Highway Balgowan Road Spencer Highway Upper Yorke Road Barnes Road Spencer Highway Nalyappa Road Weetulta Tank Road Arthurton Road Pipeline Road Arthurton Road Kalkabury Road Pedler Road Agery Road Pedler Road Arthurton Road Kainton Road Holman Road Yorke Highway Ardrossan Road Upper Yorke Road Yorke Highway

Clinton Road Shannon Terrace, Maitland

Ardrossan Road

Cunningham Road Spencer Highway Back Road

The following works / upgrades have been applied to our Community Wastewater Management Schemes (CWMS):

CWMS

o Aerator upgraded Point Turton o Pump station pump upgraded Port Victoria o Level control upgraded Port Victoria


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o Chlorine infrastructure upgraded Port Vincent o Chemical shower refined Port Vincent o WWTP chlorine tank modified Stansbury o Pump station pump replaced Yorketown

(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.)

COMMUNITY ENGAGEMENT PLAN

Not applicable

CONSULTATION PROCESS

In preparing this report, the following Yorke Peninsula Council officers were consulted:

Infrastructure Manager

Operations Manager

Works Manager

Operations Coordinator

Leading Worker Central

Leading Worker North

Leading Worker South

Works Supervisor North

Works Supervisor South

In preparing this report, the following External Parties were consulted:

Nil

POLICY IMPLICATIONS

Not applicable

BUDGET AND RESOURCE IMPLICATIONS

Within capital and operations budgets


Not applicable

ATTACHMENTS

Nil


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DIRECTOR DEVELOPMENT SERVICES

IA/ITEM 4.6

1. INSPECTORIAL ACTIVITY REPORT

PURPOSE

To inform Council of the activities of the Inspectorial Team.

RECOMMENDATION



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 Inspectors have dealt with many routine matters including abandoned vehicles, illegal campers, noisy roosters, wandering dogs and nuisance dogs and cats.

An unregistered dog was impounded in Maitland on New Year’s Eve. The dog was returned to the owner several days later, once the dog had been registered. The owner was issued an Expiation Notice for the dog wandering at large.

Routine patrols of boat ramps have been performed to ensure that users are paying for the facilities. Two Expiation Notices have been issued to persons who launched their boats at Point Turton. One person stated that he bought a ticket before launching his boat, however was unable to produce the ticket, whilst the other person admitted to launching their boat without a valid ticket. Another person was cautioned for failing to display a current ticket.

Random patrols have also occurred at the bush camping reserves to ensure campers are obtaining a bush camping permit prior to using the facilities. The camp grounds have been very well utilised during the New Year period. Those campers that had not obtained a permit prior to setting up camp were requested to obtain a permit in the normal manner.

Council Rangers routinely patrol all townships for traffic management, including foot patrols, paying particular attention to disabled parking bays and vehicles parking on yellow lines. One driver was expiated for unauthorised parking in a disabled parking bay at Maitland whilst another person was expiated as a result of the manner in which they parked adjacent to a yellow line in Ardrossan.

During the Christmas holiday period two small loads of rubbish were dumped at Rocky Bend Reserve at Nalyappa. Information obtained from the rubbish led a Council Officer to an address in Port Hughes. The alleged offender removed the rubbish from the reserve and was subsequently issued with a $315 expiation for the dumping of the rubbish.


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An occupier of a house in Pine Point cut up a tree that had fallen down on private property and dragged it out onto a nearby Council reserve. He then expected Council to either remove it or burn it at a later date. He was subsequently issued with a $315 Expiation Notice after he removed the tree from the Council reserve.

Council staff are also dealing with a complaint in relation to a person placing tree branches on the beach at Balgowan to encourage sand replenishment.

The monitoring of fuel loads on properties is continuing throughout the fire danger season and further S105 Notices pursuant to the Fire and Emergency Services Act will be issued where required. Council’s contactor was engaged to slash 35 properties where the property owners had failed to reduce the fuel loads on their land. These property owners are sent an invoice for the cost of the slashing and a $110 administration fee as set in the fees and charges register. Six of these property owners were also given a $315 expiation notice for failing to reduce the fuel loads on their land, as these owners have failed to take appropriate action in previous years to reduce the fuel loads on their land.

Prior to a shop placing goods or tables and chairs on the footpath they need to obtain a permit from Council. The cost of this permit is $30 as set by Council. A copy of a current public risk insurance policy needs to submitted with the permit application. Two shop owners have not complied with Council’s numerous requests to supply the appropriate information to obtain a permit and continue to use the footpath for business purposes. They have been issued with an Expiation Notice for using the footpath for business purposes without first obtaining a permit.


Not applicable



Inspectorial Staff


Nil

POLICY IMPLICATIONS

Not applicable


Routine inspectorial activities are contained within the 2016/17 Annual Business Plan.


Fire and Emergency Services Act 2005

Dog and Cat Management Act 1995


The activities undertaken by Council Rangers are based on reducing the risk of nuisance, injury, public damage and disaster to the community.

ATTACHMENTS

Nil


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ENVIRONMENTAL HEALTH OFFICER

IA/ITEM 4.6

2. ENVIRONMENTAL HEALTH REPORT

PURPOSE

To inform Council of the activities of the Environmental Health Officer (EHO).

RECOMMENDATION

That the report be received


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 matters relating to public health and food safety.

DISCUSSION

A major portion of the EHO role includes the ongoing assessment of wastewater applications and inspecting the installation of these approved systems. Such applications cover;

local sewer schemes,

common wastewater management schemes,

on-site disposal via septic/ aerobic tank and soakage/ irrigation area,

on-site disposal incorporating pressure dosed soakage beds, these can be particularly useful for small blocks and difficult sites,

off-site disposal of effluent via a holding tank for properties within 100m of the high water mark (sensitive coastal zone) – holding tanks are not allowed for new developments and are only considered for particular locations.

Routine and follow up inspections of food businesses are undertaken throughout the year. Council now uses the voluntary Food Safety Rating Scheme (Scores on Doors) developed by SA Health to guide food inspections. This provides a visual performance indicator, which helps provide measurable food safety goals for food business owners. The score rating system also helps put importance on high risk areas of food handling with higher scores assigned to these areas. Routine inspections seek to determine the knowledge and skill level of the persons involved in food preparation and sale, along with the general cleanliness and suitability of the premises. It also provides advice and support to all food businesses, ensuring a continual improvement in the safety of food handling practices. To date, sixteen businesses are taking part in the Scores on Doors programme.


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A Food Safety short course will also be offered to anyone involved in food handling, to help increase the knowledge of food safety. This course will be free to attend and held on the 10th February 2017 from 2pm-5pm at the Yorke Peninsula Council Chambers, Minlaton.

EHO’s also investigate and consider any potential risk to public health. These potential risks may be received as a complaint from concerned community members. The type of issues that are received, include risks from:

Offensive Odours Illegal wastewater discharge Noise Living conditions Potential contamination Failing effluent disposal systems Vermin Water quality Quality or safety of food for sale


Not applicable





Nil

POLICY IMPLICATIONS

Not applicable


Council has mandatory legislative responsibilities as identified in the 2016/2017 Annual Business Plan.


South Australian Public Health Act 2011

Food Act 2001

South Australian Public Health (Wastewater) Regulations 2013

On-site Wastewater Systems Code

Safe Drinking Water Act 2011

Mitigation of Council’s risk by ensuring legislative compliance, consistency and appropriate, suitably qualified personnel are undertaking business and regulatory functions.

ATTACHMENTS

Nil


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IA/ITEM 4.6

3. DEVELOPMENT APPLICATION DECISIONS

PURPOSE

To inform the Elected Members of Development Application decisions for the period 3rd to 27th January 2017.

RECOMMENDATION



Goal: 1 Economically Prosperous Peninsula Strategy: 1.1 Provide easier, streamlined development approval application process

BACKGROUND

To keep Elected Members informed of Development Application decisions under delegated authority.

DISCUSSION

The following is a list of all Development Applications processed for the period 3rd to 27th January 2017.

Yorketown

544/1163/2016 544/1220/2016 544/1356/2016

544/1394/2016 544/1397/2016 544/1428/2016

544/1458/2016 544/1460/2016 544/1499/2016

Maitland

544/2177/2015 544/1236/2016 544/1324/2016

544/1457/2016 544/1486/2016 544/1489/2016

544/1494/2016 544/1496/2016 544/1502/2016

Land Divisions

544/D017/2016


Not applicable


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Planning and Building Officers


Nil

POLICY IMPLICATIONS

Not applicable


Not applicable



Development Act 1993

Council’s Development Plan

Development Assessment functions involve critical risk management considerations which include meeting legislative responsibilities, environmental issues, impact upon community and safety.

ATTACHMENTS

Attachment 1: Development Application Decisions Register.


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LIST OF DEVELOPMENT APPLICATIONS & DECISIONS ISSUED BY THE ASSISTANT BUILDING SURVEYOR UNDER DELEGATION

FOR THE PERIOD 3 JANUARY 2017 TO 27 JANUARY 2017

YORKETOWN

Dev. App. No. Name & Address Location Proposal Class Area m2

Cost $

Conditions Planning Building

Assessment/ Valuation

No

Decision Date

Builder & Licence No

544/1163/2016

D Wilson PO Box 110 ONE TREE HILL

(Lot 8) 14 Clan Ranald Avenue EDITHBURGH

Garage

10a

60

7,545

Planning 5 Building Nil

Private Certifier

425397 5405119600

5 Jan 2017

TBA

544/1220/2016

NBN C/- Visionstream P/L Locked Bag 4001 HEATHERTON

Lot 21 Bramley Road EDITHBURGH

Telecommunications Facility (40m tower & associated Infrastructure)

10b

96

150,000

Planning 1 Building 1

221473

5406294101

19 Jan 2017

TBA

544/1356/2016

R Musolino, G Manzueto & K & R Property Investments P/L C/- 199 Magil Road MAYLANDS

(Lot 62) 950 Lower White Hut Road WHITE HUT

Packing Shed Extension

7b

108

11,000


Private Certifier

433557

5400604500

5 Jan 2017

Owner Builder

544/1394/2016

L Hoyle PO Box 350 MINLATON

(Lot 8) 33 Tilbrook Avenue MINLATON

Enclosed Carport

10a

52.78

20,484


300079

5407501758

18 Jan 2017

Haywood Home

Improvements BLD58028

544/1397/2016

A & N Lewis PO Box 239 ALDGATE

(Lot 16) 38 Seaview Court STANSBURY

New Dwelling & Garage UMR

1a

10a

174.25

37.38

228,734


Private Certifier

428516 5404804729

17 Jan 2017

Longridge Group Pty Ltd BLD175837

544/1428/2016

P Zammit & N Baxter 7 Persimmon Grv GOLDEN GROVE

(Lot 212) 19 Captain Hutchinson Drive POINT TURTON

Carport & Shed

10a 10a

25.63 40.67

10,870


110957

5400784521

23 Jan 2017

Dorf Constructions BLD102727

544/1458/2016

K & K Bartlett 1781 Jervois Road WOODS POINT

(Lot 51) 1 Oyster Point Drive STANSBURY

Garage

10a

111.92

9,820


207050 5404718003

4 Jan 2017

TBA

544/1460/2016

Mynhart Holdings PO Box 548 GOODWOOD

(Sec 1013) 42 Willyama Drive MARION BAY

Upper Deck Extension

10b

82.4

5,000


Private Certifier

119164 5400936652

25 Jan 2017

Owner Builder

544/1499/2016

P Ayoub 23 Lyndon Avenue MOONTA BAY

(Lot 59) 14 Reef Crescent POINT TURTON

Transportable Dwelling & Garage

1a

10a

79.84

54

30,000


426346 5401054256

5 Jan 2017

Owner Builder

TOTAL $473,453


31

MAITLAND

Dev. App. No. Name & Address Location Proposal Class Area m2

Cost $

Conditions Planning Building

Assessment/ Valuation

No

Decision Date

Builder & Licence No

544/2177/2015

M & W Absalom PO Box 660 COOBER PEDY

(Lot 43) 65 Urania Road PORT VICTORIA

Change of use; Outbuilding to dependent accommodation and alfresco

10a

135

32,000


Private Certifier

429225

4604722184

6 Jan 2017

TBA

544/1236/2016

A Doolette and H Prunckun 57 Davenport Tce WAYVILLE

(Lot 9) 5 Main Street PINE POINT

Demolish Dwelling; New Dwelling

1a 1a

100 147

200,000


Private Certifier

19943 4603831080

3 Jan 2017

TBA

544/1324/2016

C & J Simpson PO Box 401 BIRDWOOD

(Lot 72) 12 Adonis Road PORT VINCENT

New Dwelling

1a

100.68

163,500


Private Certifier

309518 5408350058

5 Jan 2017

TBA

544/1457/2016

BA & WA Story 2 Sailors Street ARDROSSAN

(Lot 14) 2 Sailors Street ARDROSSAN

Freestanding Pergola

10a

24

5,000

Planning NA Building 1

Private Certifier

429506 4600339401

03 Jan 2017

TBA

544/1486/2016

Bryan McInerney and Others c/- Post Office PORT CLINTON

(Lot 117) 29-31 Devon Street PORT CLINTON

Verandah

10a

22.3

2,630

Planning NA

Building 3

41012

4606272009

24 Jan 2017

TBA

544/1489/2016

F Pisano 1 Burford Ave ARDROSSAN

(Lot 92) 1 Burford Avenue ARDROSSAN

Garage

10a

56.42

5,750


4812 4600299219

24 Jan 2017

TBA

544/1494/2016

S Hondow 20-30 Samuel St MAITLAND

(Lot 712) 28-30 Samuel Street MAITLAND

Verandah

10a

46.85

10,475


9928 4601786000

24 Jan 2017

John Turrell

544/1496/2016

J & E Proatt 25 Clementina St PRICE

(Lot 352) 25 Clemintina Street PRICE

Swimming Pool & Safety Fence

10b

15.4

2,000

Planning N/A Building 4

42234 4606388204

4 Jan 2017

Owner Builder

544/1502/2016

J & K Boccaccio 9 Lynn Avenue ATHELSTONE

(Lot 185) 9 Parkview Road ARDROSSAN

Demolish Garage; New Garage

10a 10a

40.3 48.0

12,000


2105 4600253659

25 Jan 2017

Brett Dalton BLD196836

TOTAL $433,355


32

LAND DIVISION

Dev. App. No. Name & Address Location Proposal Conditions Planning Building

Assessment / Valuation No

Decision Date

544/D017/2016

B * O {irce;; C/- Mosel Surveyors 6 Graves Street KADINA

(Lot 700) 17 Esther Lane PORT JULIA

Land Division

Planning 1

Land Division 2

421867

5408639871

19 January 2017


33


IA/ITEM 4.6

4. WASTEWATER SYSTEM APPLICATION DECISIONS

PURPOSE

To inform the Elected Members of Wastewater Application decisions for the period 3rd to 27th January 2017.

RECOMMENDATION



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 3rd to 27th January 2017.

Maitland

050/093/2016 050/002/2017

Yorketown

050/098/2016 050/118/2016


Not applicable



Environmental Health Officer


Nil


34

POLICY IMPLICATIONS

Not applicable


Not applicable



Development Act 1993

Environmental Protection Act 1993

Council’s Development Plan

Wastewater System approval functions involve critical risk management considerations which include meeting legislative responsibilities, environmental issues and public health.

ATTACHMENTS

Attachment 1: Wastewater Application Decision Register.


35

LIST OF WASTE CONTROL APPLICATIONS & DECISIONS ISSUED BY THE ENVIRONMENTAL HEALTH OFFICERS UNDER DELEGATION FOR THE PERIOD 3 JANUARY 2017 – 27 JANUARY 2017

Maitland

Septic App. No.

Owner Location Proposal Conditions Assess.

No Decision Date

Plumber & Licence No

050/093/2016

Golden Gunn Pty Ltd 45 Robert Street MAITLAND

(Lot 1) 10A Kilkerran Terrace MAITLAND

Septic & Soakage

11

431874

WITHDRAWN

S Palecek

050/002/2017

Golden Gunn Pty Ltd 45 Robert Street MAITLAND

(Lot 1) 10A Kilkerran Terrace MAITLAND

STED Connection

11

431874

WITHDRAWN

D Goldsworthy

Yorketown Septic App.

No. Owner Location Proposal Conditions

Assess. No

Decision Date Plumber & Licence

No 050/098/2016 A & N Lewis

PO Box 239 ALDGATE

(Lot 16) 38 Seaview Court STANSBURY

Sewer Connection

11

428516

17 January 2017

Longridge Group

050/118/2016 P Ayoub 23 Lyndon Avenue MOONTA BAY

(Lot 59) 14 Reef Crescent POINT TURTON

Sewer Connection

11

426346

12 January 2017

Owner Applicant


36

DEBATE

AGENDA


37


DA/ITEM 6.1

1. 2016 STATE LOCAL GOVERNMENT INFRASTRUCTURE PARTNERSHIP

PURPOSE

To seek approval from Council to submit a suitable project for consideration under this job stimulus funding programme.

RECOMMENDATION

That Council endorse the submission of the identified Main Township Footpath Improvement Programme as detailed in the report.


Goal: 2 Community Connected through Infrastructure Strategy: 2.5 Explore provision of new infrastructure

BACKGROUND

Elected Members would recall a report was presented to the 14th December 2016 Council meeting advising Council of this new job stimulus funding programme to be made available to Local Government on a partnership arrangement.

Elected Members were asked to explore suitable projects for consideration at the January or February 2017 meetings.

Three identified areas for consideration of projects were presented in the December report being:

Sealed Road Network Renewal – Contractual

Coastal Reserves/Bush Camping – Contractual

Main Township Footpath Improvement - Contractual

DISCUSSION

The Corporate Management Team have considered the funding guidelines and discussed the suitability of planned projects in line with the requirements of the Long Term Financial Plan and adopted Asset and Infrastructure Management Plans.

The Corporate Management Team consider that the Main Township Footpath Improvement concept identified at the December 2016 Council meeting will provide the most effective outcome in addition to meeting community aspirations for township improvements.

Field Staff have identified high priority township footpath areas suitable for inclusion in the stimulus funding project. Indicative costings have been provided for each of the identified high priority footpath areas and are included on the attached maps showing locations which total $1.5 million.

Councils with projects that meet the essential funding criteria will be eligible to receive up to 20 per cent of the cost of the project through the stimulus funding programme and will need to finance the remaining 80 per cent of the cost through either existing financial


38

reserves or the Local Government Finance Authority (LGFA) at the concessional rates offered.

In recommending this project, a funding quote was sought for $1.2m from the Local Government Finance Authority over a ten (10) year term at the concessional interest rates on offer.

The indicative concessionary interest rate applicable to this project is 4.00% (currently 4.5% for other borrowings).

Subject to any budget decisions made outside of the current parameters of the endorsed Long Term Financial Plan (LTFP), analysis shows that this option fits within current forecast cash flows, borrowing capacity, ratios etc.

Based on the indicative rate above, this option will require 20 half yearly payments of $73,388.06 totalling $1.468m over the term of the loan.

Maintenance costs during the 10 year period are considered to be insignificant with very little impact on the LTFP.

If approved, the project cost of $1,500,000, with 20% funding to be received of $300,000 and the agreed financing of $1,200,000 will be included in the revised LTFP to be presented to Council later this year.

If the Council’s project submission is successful, a further report will be provided to Council to enable a debenture loan application to be submitted, to provide the necessary funding for Council’s contribution.


Level 1, Inform.



Corporate Management Team


Nil

POLICY IMPLICATIONS

Not applicable.


Council is required to fund 80% of the project submitted for consideration.

If approved, the project cost of $1,500,000, with 20% funding to be received of $300,000 and the agreed financing of $1,200,000 will be included in the revised LTFP to be presented to Council later this year.


An opportunity exists to capitalise on 20% State Government funding support for infrastructure projects over $1 million.

ATTACHMENTS

Attachment 1: Maps of identified priority locations and indicative costings


39

Proposed Footpath Paving Locations Maitland

Id Location

$215,000

(a) Elizabeth Street between Robert Street & Caroline Street, north side

(b) Elizabeth Street between Robert Street & Caroline Street, south side

(c) Elizabeth Street between Robert Street & Walter Street, north side

(d) Elizabeth Street between Robert Street & Walter Street, south side

(a)

(b)(c)

(d)


40

Proposed Footpath Paving Locations Price

Id Location $60,000

(a) Fowler Terrace – by caravan park entrance

(a)


41

Proposed Footpath Paving Locations Port Clinton

Id Location

$130,000(a) Cumberland Road between Cornwall & Emeu Street, south side

(b) Emeu Street to new toilets

(c) Emeu Street from Cumberland Road cnr to Caravan Park, eastern side

(a) (b)

(c)


42

Proposed Footpath Paving Locations Ardrossan

Id Location

$215,000

(a) Second Street between Fourth Street & Fifth Street, north side

(b) Fourth Street between Second Street & First Street, east side

(c) First Street between West Terrace & Fourth Street, south side

(d) First Street between West Terrace & Fourth Street, north side

(e) Fifth Street between First Street & Second Street, west side

(f) First Street between Fifth Street & East Terrace, south side

(a)

(b)

(c)

(d)

(e)

(f)


43

Proposed Footpath Paving Locations Port Vincent

Id Location

$175,000

(a) Main Street between Koolywurtie Street &Ramsay Street, south side

(b) Koolywurtie Road by Hardware Shop

(c) Main Street from Koolywurtie Road to church

(d) Main Street from Auto Centre to Post Office

(e) Main Street from Sports Shop to Butcher

(a)

(b) (c)

(d)

(e)


44

Proposed Footpath Paving Locations Stansbury

Id Location

$45,000 (a) Anzac Parade in front of the Dalrymple Hotel

(b) St Vincent Street between Ceres Street & Weavers Street, north side

(c) St Vincent Street between Ceres Street & Weavers Street, south side

(a)

(b)

(c)


45

Proposed Footpath Paving Locations Edithburgh

Id Location

$100,000(a) Area in front of Jetty

(b) Blanche Street between Thomas & Cross Street, west side

(c) Blanche Street between Thomas & Cross Street, east side

(a)

(b) (c)


46

Proposed Footpath Paving Locations Yorketown

Id Location

$160,000

(a) Warooka Road between Charles Street & William Street

(b) Warooka Road between William Street – YP Ag Building

(c) Minlaton Road between Tonkin Street & Hermann Street, east side

(d) Minlaton Road between Tonkin Street & Stansbury Road, east side

(a)

(b)

(c)

(d)


47

Proposed Footpath Paving Locations Warooka

Id Location

$50,000 (a) Brentwood Road to Oval Avenue, north side

(b) Corner of Main Street and Brentwood Road (new butcher shop)

(a)

(b)


48

Proposed Footpath Paving Locations Minlaton

Id Location

$200,000

(a) Main Street between North Terrace & Third Street, east side

(b) Main Street between Third Street & Fourth Street, east side

(c) Main Street between Fourth Street & Third Street, west side

(d) Main Street between Third Street & North Terrace, west side

(a)

(b)

(c)

(d)


49

Proposed Footpath Paving Locations Port Victoria

Id Location

$150,000 (a) Main Street between Victoria Terrace & Passat Street, south side

(b) Main Street between Passat Street & Lawhill Street, south side

(c) Main Street between Lawhill Street & Wilson Terrace, south side

(a)

(b)

(c)


50


DA/ITEM 6.1

2. ORDER MAKING POLICY (File Ref: 9.24.1.1)

PURPOSE

To seek endorsement from Council for adoption of the updated PO100 Order Making Policy following the public consultation process.

RECOMMENDATION

That Council endorse and adopt the updated PO100 Order Making Policy, as presented, for inclusion in Council’s Policy Manual and on Council’s website.


Goal: 5 Responsible Governance Strategies: 5.3 Meet all legislative requirements and compliance with Council’s internal controls

BACKGROUND

Council’s PO100 Order Making Policy was recently reviewed following an independent governance policy audit undertaken in September 2016 outlining the requirement for minor alterations.

The policy was presented to Council at the December 2016 meeting and endorsement was provided to undertake public consultation.

DISCUSSION

The public were invited to comment on proposed alterations to Council’s PO100 Order Making Policy via the following means:

Yorke Peninsula Country Times - # submissions received – 0 received Council’s Website - # website hits - 7 Social Media Facebook – post views – 789 views, nil comments

During the mandatory public consultation period no comments or submissions were received as outlined above and therefore this report seeks Elected Members’ final endorsement of the Order Making Policy.


Level 2 - Consult



CEO

Manager Business and Public Relations

Executive Assistant to CEO and Mayor


51


Nil

POLICY IMPLICATIONS

PO100 Order Making Policy


Not applicable


Without appropriate policies, procedures and delegations in place, Council is placed at risk of non-compliance with legislation and guidelines.


ATTACHMENTS

Attachment 1: PO100 Updated Order Making Policy

Attachment 2: Community Engagement Plan


52

Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version.

COUNCIL POLICY

Order Making Policy

Policy Number: PO100

Strategic Plan Objective

Goal 5 - Responsible Governance 5.3 Meet all legislative requirements and compliance with Council’s internal controls

Policy Owner: Director Development Services

Record Number: 16/14147

Responsible Officer: Senior Compliance Officer

Minute Reference:

Date Adopted: Next Review Date:

1. POLICY OBJECTIVES

The Yorke Peninsula Council (“Council”) is committed to using its order making powers to facilitate a safe and healthy environment, to improve the amenity of a locality, and generally for the good governance of its area.

This Order Making Policy is prepared and adopted pursuant to section 259 of the Local Government Act 1999 (“the Act”) and sets out the steps Council will take in the making of orders.

2. SCOPE

This policy applies:

(a) To those circumstances listed in section 254 where Council may order a person to do or refrain from doing a thing under certain circumstances, as specified in the table included within that section of the Act (refer Attachment 1).

(b) In respect of orders issued under sections 216, 217, 218

(c) To all employees of the Council undertaking work for/on behalf of Council who have delegated authority or who are Authorised Officers exercising powers under sections 216, 217, 218 and Part 2, of Chapter 12 of the Act.

The circumstances to which this policy applies are set out in Attachment 1.

3. DEFINITIONS

Amenity Any quality, condition or factor that makes or contributes to making the locality harmonious, pleasant or enjoyable (Development Act 1993)

4. POLICY STATEMENT

Each case for the possible use of the order making powers will be considered on its merits. Factors that Council will consider include:

risk management

community health and safety

environmental protection

maintenance of amenity


53

PO100 – Order Making Policy

Page 2 of 7

Printed copies are considered uncontrolled.

Before using a printed copy, verify that it is the current version.

extent of impact

urgency and severity of the issue

previous offences

offender’s attitude

number of complaints received

All persons exercising the powers set out under in this policy will observe the principles of natural justice, fairness, impartiality, confidentiality and transparency at all times.

4.1 Council will take reasonable steps, within available resources, to resolve cases of local nuisance by negotiation and agreement before issuing an order, except in the circumstances described in Clause 4.3 under this policy.

4.2 Before making an order Council will give notice of its intention to make an order in accordance with section 255 of the Act, except in the circumstances described in Clause 4.3 under this policy, by:

Giving the person to whom an order is intended to be directed a notice in writing stating the:

proposed action

terms of the proposed order (i.e. what it requires the person to do or refrain from doing)

period within which compliance with the order will be required

penalties for non-compliance

reasons for the proposed action

and inviting the person notified of the opportunity to give reason/s, within a specified time, why the proposed action should not be taken.

4.3 Council will proceed to make an order without negotiation or notice, in accordance with section 255(12) where Council considers the circumstance or activity constitutes, or is likely to constitute:

a threat to life

an immediate threat to public health or public safety

an emergency situation

4.4 Non-Compliance with an Order

If an order is not complied with within the time fixed for compliance (or if there is an application for review, in accordance with clause 5 of this policy, within 14 days after the determination of the review) the Council may (subject to the outcome of any review) take the action required by the order.

The reasonable costs and expenses incurred by Council in taking action under this section may be recovered by Council as a debt from the person who failed to comply with the requirements of the order.

Where an amount is recoverable by Council, Council may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid and, if the amount is not paid by the person within that period, the person is liable to pay interest.


54


Page 3 of 7



Non-compliance with an order of Council is an offence for which a person may incur a statutory penalty provided for in the Act.

5. REVIEW RIGHTS

Any person to whom an order is issued (including an order issued under sections 254, 216, 218 or 299 of the Act) has a right to appeal against the order under section 256 of the Act. Appeals must be lodged within 14 days of that person's receipt of the order.

6. RESPONSIBILITIES AND DELEGATIONS

This policy will be enforced by persons who have appropriate delegated authority and/or who are Authorised Officers who have been appropriately appointed by the Council.

7. COMPLAINTS

Complaints about this policy can be made in writing to the Senior Compliance Officer and will be managed in accordance with PO147 Complaints Policy.

8. REVIEW

This policy will be reviewed every three years, and will also be reviewed as deemed necessary in consideration of any changes to legislation, relevant standards, codes and guidelines.

If amendments are made to this Policy, Council will by notice in Yorke Peninsula Country Times and on its website, give notice of the places at which copies of the draft are available for inspection (without charge) and purchase (on payment of a fee fixed by the Council) and invite interested persons to make written representations on the updated draft policy within a period specified by the Council (being a period of at least 4 weeks)

9. TRAINING

All persons exercising the powers set out under in this policy will be appropriately trained Training needs will be identified through inductions, performance reviews and audit and training needs analysis processes. Training will also occur and as necessary in response to changes to legislation and relevant standards, codes and guidelines.

10. RELATED COUNCIL POLICIES AND DOCUMENTS

PO037 Internal Review of a Council Decision Policy PO057 Community Engagement Policy PO147 Complaints Policy R007 Register of Delegations

11. REFERENCES AND LEGISLATION

Local Government Act 1999 Yorke Peninsula Council By-Laws Local Government Association of South Australia Model Order Making Policy

10. COUNCIL DELEGATION

Details of Delegation:

Chief Executive Officer

Delegate: Nil


55


Page 4 of 7



11. VERSION HISTORY

Archived Policy Name Policy Number Date Adopted Last Reviewed

Order Making Policy PO100 12/11/2004 08/06/2010

Order Making Policy PO100 08/07/2015 14/12/2016

Order Making Policy PO100


56

PO100 – Order Making Policy Attachment 1

Page 5 of 7

Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version.


254—Power to make orders

(1) A council may order a person to do or to refrain from doing a thing specified in Column 1 of the following table if in the opinion of the council the circumstances specified opposite it in Column 2 of the table exist and the person comes within the description opposite it in Column 3 of the table.

Column 1 To do or to refrain from doing what?

Column 2 In what circumstances?

Column 3 To whom?

1. Unsightly condition of land

To take action considered by the council to be necessary to ameliorate an unsightly condition.

Land, or a structure or object on land, is unsightly and detracts significantly from the amenity of the locality in which the land is situated.

The owner or occupier of the land.

2. Hazards on lands adjoining a public place

(1) To fence, empty, drain, fill or cover land (including land on which there is a building or other structure).

(1) A hazard exists that is, or is likely to become, a danger to the public.

(1) The owner or occupier of the land.

(2) To remove overgrown vegetation, cut back overhanging branches, or to remove a tree.

(2) The vegetation, branches or tree create, or are likely to create, danger or difficulty to persons using a public place.


(3) To remove or modify a flag or banner, a flagpole or sign, or similar object or structure that intrudes into a public place.

(3) The relevant object or structure creates, or is likely to create, danger or difficulty to persons using a public place.


(4) Where the public place is a road—to take action necessary to protect the road or to remove a hazard to road users.

(4) A situation exists that is causing, or is likely to cause, damage to the road or a hazard to road users.


Examples—

· To fill an excavation, or to prevent drainage of water across the road.

· To construct a retaining wall or to remove or modify a fence.

· To fence land to prevent the escape of animals.


57


Page 6 of 7 Printed copies are considered uncontrolled.




Column 3 To whom?

· To remove a structure or vegetation near an intersection.

3. Animals that may cause a nuisance or hazard

To do or to refrain from doing the thing specified in the order in order to abate a nuisance or a hazard to health or safety associated with a live or dead animal or animals, or otherwise to deal with an animal or animals.

A person is keeping or dealing with (or failing to deal with) an animal or animals (whether the animal or animals are alive or dead) so as to cause, or to be likely to cause, a nuisance or a hazard to health or safety.

A person is the owner or occupier of land where an animal or animals are located which may cause, or be likely to cause, a nuisance or a hazard to health or safety, or otherwise to become a pest.

The owner or occupier of land or any person apparently engaged in promoting or conducting an activity.

Examples—

(1) The slaughtering of animals in a town or urban situation.

(2) Keeping an excessive number of insects, birds or other animals.

(3) Keeping bees in close proximity to other property.

(4) Keeping animals so as to generate excessive noise, dust or odours, or to attract pests or vermin.

(5) Keeping an aggressive animal, or keeping an animal in a situation where it cannot be adequately contained or may cause danger to the public.

(6) Failing to deal with a wasp's nest


58


Page 7 of 7 Printed copies are considered uncontrolled.




Column 3 To whom?

4. Inappropriate use of vehicle

To refrain from using a caravan or vehicle as a place of habitation.

A person is using a caravan or vehicle as a place of habitation in circumstances that—

(a) present a risk to the health or safety of an occupant; or

(b) cause a threat of damage to the environment; or

(c) detract significantly from the amenity of the locality.

The owner or occupier of the land or a person apparently occupying the caravan or vehicle.

(2) A reference in the table to an animal or animals includes birds and insects.

216—Power to order owner of private road to carry out specified roadwork

(1) A council may, by order in writing to the owner of a private road, require the owner to carry out specified roadwork to repair or improve the road.

(2) Divisions 2 and 3 of Part 2 of Chapter 12 apply with respect to—

(a) any proposal to make an order; and

(b) if an order is made, any order,

under subsection (1).

217—Power to order owner of infrastructure on road to carry out specified maintenance or repair work

(1) A council may, by order in writing to the owner of structure or equipment (including pipes, wires, cables, fittings and other objects) installed in, on, across, under or over a road, require the owner—

(a) to carry out specified work by way of maintenance or repair; or

(b) to move the structure or equipment in order to allow the council to carry out the roadwork.

218—Power to require owner of adjoining land to carry out specified work

(1) A council may, by order in writing to the owner of land adjoining a road, require the owner to carry out specified work to construct, remove or repair a crossing place from the road to the land.

(2) Divisions 2 and 3 of Part 2 of Chapter 12 apply with respect to—

(a) any proposal to make an order; and

(b) if an order is made, any order,

under subsection (1).


59

SF215

Responsible Officer: Business Improvement Officer

Issue Date: 10th June 2015

Next Review Date: June 2019

StakeholdersLevel 2

CONSULTResponsibility Start Date End Date Status Evaluation Method

All residents Public Notice 15/12/2016 25/01/2017 C # submissions received - 0 receivedWebsite 15/12/2016 25/01/2017 C # website hits - 7Social Media 15/12/2016 25/01/2017 C # post views - 789 views, nil comments

PROJECT NAME: PO100 Order Making Policy Review


Executive Assistant to CEO & Mayor


60

DIRECTOR CORPORATE AND COMMUNITY SERVICES

DA/ITEM 6.2

1. FINANCIAL REPORT AS AT 31st JANUARY 2017

PURPOSE

For Council to consider the financial report and capital projects update report as at 31st January 2017.

RECOMMENDATION

That Council receive the financial report and capital projects update report as at 31st January 2017.


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

Rate Rebates, totalling approximately $21.2M, have been raised for the entire 2016/17 financial year but are due and payable either in full in September 2016 or by quarterly instalments in September 2016, December 2016, March 2017 and June 2017.

o Note 1 – dog registrations totalling approximately $73K have been collected. o Note 1 – income from building and planning activity of approximately $102K

and septic tank registration fees of approximately $22K is included.


61

o Note 1 – also included here are approximately $379K of reimbursements and miscellaneous income.

o Note 1 - $1.7M collected for user charges (boat ramp, caravan parks, refuse disposal etc) are included in the total income.

o Note 2 – the following major expenditure has been paid in advance for the 2016/17 financial year as per the required payment terms and are included in the figures: Insurance - $581K; Memberships/Subscriptions/Contributions - $233K; Licence Fees - $145K; Plant & Equipment Registration - $105K.

o Note 2 – commitments of approximately $1.9M include orders worth approximately $1.6M remaining for waste management and refuse collection and disposal services in 2016/2017.

o Note 2 – finance costs (bank fees & charges and interest on loans) of approximately $130K are included.

o Note 2 – depreciation for seven (7) months of the financial year based on up to date asset information including revaluations, capitalisation of assets and removal of residual values in 2015/2016 and finalisation of General Purpose Financial Statements, has been included in the YTD expenditure. The budget will be adjusted in the December quarterly review to reflect the full year forecast.

o Notes 3 & 4 – commitments of approximately $3.1M for various capital projects, details of which can be found in Attachment 2 of this report.

Attachment 2 – Capital Projects Update Report o All Year to Date expenditure in this report includes invoices paid to date and

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

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


Not applicable




Manager Financial Services

Budget and Project Managers

Accountant – Financial Management


62

Accountant – Financial Operations


Nil

POLICY IMPLICATIONS

PO 142 Budget Reporting and Amendment Policy


This is the seventh update since the endorsement of Council’s 2016/2017 Adopted Budget in July 2016. After seven (7) months of the year financial performance at this stage remains on track against the revised budget. Elected Members should note that the second quarterly review of Council’s 2016/2017 budget has been completed and is included in the agenda for the February 2017 meeting for Council’s endorsement.

Expenditure on capital projects is continuing to increase as a number of projects carried forward from 2015/2016 are complete and current year projects have commenced the construction phase of the project management cycle. It should be noted that all Roads to Recovery funded road projects have now been completed and funding was received in full by Council in December 2016. Special Local Road funding for Clinton Road is still to be received and will be claimed as soon as works are further advanced over the next few months.


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 on 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 (Financial Management) Regulations 2011

ATTACHMENTS

Attachment 1: Uniform Presentation of Finances as at 31st January 2017

Attachment 2: Capital Projects Update as at 31st January 2017


63

Income (26,850) (26,850) 1 (28,087) (188) (28,275)Less Expenses 16,659 2,337 18,997 2 30,778 264 31,042Operating Deficit before Capital Amounts (10,191) 2,337 (7,854) 2,691 76 2,767

Less Net Outlays on Existing AssetsCapital Expenditure on renewal and replacement of Existing Assets 2,996 2,631 5,627 3 6,027 3,296 9,323Less Depreciation, Amortisation and Impairment (5,519) (5,519) 9,075 9,075Less Proceeds on Sale of Assets (194) (194) (363) (363)

(2,717) 2,631 (86) (3,411) 3,296 (115)

Less Net Outlays on New and Upgraded AssetsCapital Expenditure on New and Upgraded Assets 1,094 424 1,518 4 4,592 835 5,427Less Amounts received specifically for New and Upgraded Assets (3,914) (3,914)Less Proceeds for Sale of Surplus Assets

1,094 424 1,518 678 835 1,513

NET(LENDING) / BORROWING FOR FINANCIAL YEAR (11,814) 5,393 (6,421) (42) 4,207 4,165

2016/17 Full Year

Revised Budget $'000

YORKE PENINSULA COUNCIL

UNIFORM PRESENTATION OF FINANCES

AS AT 31ST JANUARY 2017

2016/17 YTD Actuals

$'000

2016/17 Commitments

$'000

2016/17 YTD Expenditure

(incl Commitments)$'000

Notes

2016/17 Full Year

Adopted Budget $'000

2016/17 Full Year

Budget Revisions $'000

Attachment 1


64

PROJECT DETAILS BY ASSET CLASS Responsible

Directorate

Expecte

d Finish

Date

YTD Expenditure

(incl

Commitments)

($)

Total Revised

Budget

($)

Budget

Remaining

($)

Budget

Remaining

(%)

Comments

12

3

0NA

Planning Design Approvals Services Procurement Delivery $7,124,514 $14,725,229 $7,600,715 52% TOTAL

Buildings & Other Structures

40081 - Minlaton Depot Office/ Lunchroom Extension AIS Dec-16 NA $99,573 $100,000 $427 0% Completed.

45040 - Ardrossan Jetty Shelters AIS Jun-17 NA $1,026 $40,000 $38,974 97% Development approval received from Development Assessment Commission. Quotes to be assessed in February 2017.

45816 - Price Playground Unisex Disabled Toilets AIS Dec-16 $40,880 $45,003 $4,123 9% Awaiting development consent for wastewater. 57519 - Minlaton Town Hall - Storage Shed CCS Mar-17 $0 $25,000 $25,000 100% 57520 - Minlaton Town Hall Capital DS Jun-17 NA NA $0 $48,000 $48,000 100% Quote received, assessment underway.

60107 - Port Vincent Caravan Park - New Cabin CCS Jun-16 $1,607 $196,390 $194,783 99%Budget carried forward from 2015/16. Tender called for in December 2016, closing date now 8 February 2017.

60302 - Marion Bay Caravan Park - New Cabins CCS Jun-16 $50,707 $346,880 $296,173 85% Budget carried forward from 2015/16. Deposit paid. Delivery expected in May 2017.

60314 - Point Turton Caravan Park- New Cabins CCS Jun-16 $0 $391,435 $391,435 100% Budget carried forward from 2015/16. Still awaiting undergrounding powerline quotations. Resolving unexpected land issues.

Total Buildings & Other Structures $204,482 $1,240,163 $1,035,681 84%

CWMS Infrastructure 44250 - Ardrossan CWMS AIS Jun-17 NA NA $0 $55,000 $55,000 100% Anticipated to commence in February 2017 as per rolling CWMS renewal program. 44254 - Maitland CWMS AIS Jun-17 NA NA $39,300 $65,000 $25,700 40% Installation of depot shed complete. Gravity drain repair work in progress. 44258 - Black Point CWMS AIS Feb-17 NA NA $51,150 $55,000 $3,850 7% Final works to be completed in February 2017. 44260 - Port Vincent CWMS AIS Apr-17 NA NA $37,978 $65,000 $27,022 42% Installation of equipment in progress. 44263 - Sultana Point CWMS AIS Feb-17 NA NA $25,575 $29,000 $3,425 12% Possible delay to project due to contractor availability, anticipated completion now April 2017. 44264 - Point Turton CWMS AIS Jun-17 NA $1,450 $262,450 $261,000 99% Design yet to be finalised.Total CWMS Infrastructure $221,773 $570,950 $349,177 61%

Inventory

52490 - RubbleAIS

Jun-17 NA NA NA NA NA NA $0 $200,000 $200,000 100% In principle endorsement from Council to use this budget for road construction projects as a result of tender outcome in November 2016. Budget adjustment undertaken at 2nd quarter budget review.

Total Inventory $0 $200,000 $200,000 100%

Minor Plant

40050 - Equipment - Minor Plant AIS Jun-17 NA NA NA $16,346 $30,000 $13,654 46% Meeting in February 2017 to finalise remaining purchase prioritiesTotal Minor Plant $16,346 $30,000 $13,654 46%

Other Assets

40014 - Grant Funded Community Projects ES Jun-17 NA NA NA $0 $25,000 $25,000 100% Nil at this stage 40025 - Business Improvement Capital - General ES Jun-17 NA NA NA $0 $25,000 $25,000 100% Reviewing with internal audit 40027 - Finance Capital Projects CCS Jun-17 NA NA $0 $30,000 $30,000 100% Nil at this stage 40030 - Equipment - Computer CCS Jun-17 NA NA NA $75,326 $134,800 $59,474 44% Intranet project to commence in February 2017

44622 - Edithburgh Boat Ramp extension AIS Dec-16 NA $86,264 $85,000 -$1,264 -1% Awaiting development approval from Development Assessment Commission, anticipate project completion date now May 2017

44623 - Ardrossan Boat Ramp Carpark Re-Seal AIS Jun-17 $0 $25,000 $25,000 100% To commence March 2017 44624 - Port Victoria Boat Ramp Extensions AIS Jun-17 $13,628 $27,000 $13,372 50% Planning consent granted, awaiting building consent. 44625 - Edithburgh Swimming/ Tidal Pool Upgrade AIS Jun-17 NA $22,600 $84,000 $61,400 73% Contractors engaged in relation to wall repair work and engineering for fencing work.

44656 - Marion Bay Boating Facility ES Jun-16 NA NA $52,200 $100,000 $47,800 48%Project and subsequent budget carried forward from 2015/16. Draft report to be presented to the reference group.

45041 - Point Turton Nature Play Playground AIS Jun-17 $3,838 $40,000 $36,162 90% Anticipate grant funding application to be lodged in January 2017. Concept plan to support grant application has been prepared, grant application to be sent in February 2017.

45750 - Cemeteries Capital DS Dec-16 NA NA $0 $29,000 $29,000 100% Reviewing data provided by Civica before project going live.

45790 - Minlaton Township Concept Plan DS Jun-16 NA NA $0 $30,000 $30,000 100% Project and subsequent budget carried forward from 2015/16. New grant application period has opened so application to be lodged shortly.

45791 - Port Rickaby Concept Plan DS Mar-17 NA NA $0 $50,000 $50,000 100%Draft plans have been received, consulting with Development Services regarding continuation of the project.

60050 - Council Caravan Parks Capital - Other CCS Jun-17 $32,273 $70,000 $37,727 54% Remaining typographical surveys to be finalised prior to end of financial year. 60100 - Port Vincent Caravan Park Capital - General CCS Dec-16 NA NA $86,253 $87,900 $1,647 2% Final works scheduled for May 2017 following peak season.

60300 - Marion Bay Caravan Park Capital - General CCS Jun-17 NA NA $19,738 $36,200 $16,462 45% Balance to be spent in May 2017 on 100,000 litre water tank as part of cabin replacement project.

60410 - Bush Camping - Capital DS Jun-16 NA $19,032 $104,409 $85,377 82%Project and subsequent budget carried forward from 2015/16. Quotes being sourced for various projects.

Total Other Assets $465,438 $1,097,112 $631,674 58%

Activity currently more than 2 months behind

schedule Activity currently not started

Activity not applicable to the project


Monthly Capital Projects Update

as at 31 January 2017

Project Management Stages Complete

LEGEND

** Only projects $25,000 and greater are individually listed below,

however the totals shown are for the entire asset class.

Activity currently completed or on schedule Activity currently upto 2 months behind schedule


65


Directorate

Expecte

d Finish

Date

YTD Expenditure

(incl

Commitments)

($)

Total Revised

Budget

($)

Budget

Remaining

($)

Budget

Remaining

(%)

Comments

12

3

0NA









LEGEND




Plant & Equipment

61200 - Fleet Vehicles CCS Jun-17 NA NA NA $189,884 $398,000 $208,116 52% Anticipate to make further fleet purchases in February, May and June 2017. 62001 - Construction Grader Purchase AIS Jun-17 NA NA NA $0 $405,000 $405,000 100% To be go out for tender in February 2017 62002 - Patrol Grader Purchase AIS Jun-17 NA NA NA $351,000 $378,000 $27,000 7% Completed 62003 - Tractor Purchase AIS Jun-17 NA NA NA $0 $125,000 $125,000 100% Anticipate to go to out tender in March 2017 62004 - Tractor (Slasher) Purchase AIS Jun-17 NA NA NA $46,000 $70,000 $24,000 34% To take delivery in February 2017 62005 - Forklift Purchase AIS Jun-17 NA NA NA $24,213 $25,000 $787 3% Completed 62006 - Trailer Purchase AIS Jun-17 NA NA NA $0 $45,000 $45,000 100% Quotes to be sourced in March 2017 62007 - Skid Steer Trailer Purchase AIS Jun-17 NA NA NA $0 $38,000 $38,000 100% Quotes to be sourced in February 2017Total Plant & Equipment $611,097 $1,484,000 $872,903 59%


66


Directorate

Expecte

d Finish

Date

YTD Expenditure

(incl

Commitments)

($)

Total Revised

Budget

($)

Budget

Remaining

($)

Budget

Remaining

(%)

Comments

12

3

0NA









LEGEND




Road Infrastructure

49040 - Footpath - Edith Street Edithburgh AIS Dec-16 NA NA NA NA $42,166 $45,000 $2,834 6% 49499 - Upgrade Shoulders on Sealed Roads AIS Jun-17 NA NA NA $0 $250,000 $250,000 100% Tender responses received. To be evaluated in February 2017.

49500 - Reseal Allocation AIS May-17 NA NA NA $51,611 $1,401,760 $1,350,149 96% $901,760 budget carried forward from 2015/16 allocated to Roadside Vegetation Management program. Being adjusted as part of 2nd quarter budget review.

53518 - Unsealed - North Coast Road AIS Jun-16 $837,756 $838,564 $808 0% Project and associated Budget carried forward from 2015/16. 53519 - Unsealed - South Coast Road AIS Jun-17 NA NA $0 $131,666 $131,666 100% Anticipated to commence in May 2017 as per rolling road construction program. 53521 - Daly Head Road AIS May-17 NA NA $0 $127,785 $127,785 100% Anticipated to commence in April 2017 as per rolling road construction program.

53522 - Unsealed - Waterloo Bay Road AIS Apr-17 NA NA $81,540 $126,737 $45,197 36% Materials Supply Tender adopted by Council at August 2016 meeting. Materials order raised. Anticipated to commence in February 2017 as per rolling road construction program.

53523 - Unsealed - Cut-Line Road AIS Dec-16 NA NA $91,792 $122,298 $30,506 25% Materials Supply Tender adopted by Council at August 2016 meeting. Project delayed due to contractor crusher breakdown.

53540 - Unsealed - Gun Club Road AIS Mar-17 NA NA $44,660 $60,786 $16,126 27% Materials Supply Tender adopted by Council at August 2016 meeting. Materials order raised. Anticipated to commence in January 2017 as per rolling road construction program.

53545 - Unsealed - Sheoak flat road (Section) AIS Sep-16 NA NA $56,605 $60,000 $3,395 6% Budget adjustment undertaken at 2nd quarter budget review. 54008 - Unsealed - Brutus Road AIS May-17 NA NA $0 $137,856 $137,856 100% Anticipated to commence in April 2017 as per rolling road construction program. 54027 - Unsealed - Nalyappa Road AIS Jun-17 NA NA $0 $150,003 $150,003 100% 54030 - Unsealed - Dump Road AIS Oct-16 NA NA $111,543 $102,794 -$8,749 -9% Budget adjustment undertaken at 2nd quarter budget review. 54035 - Unsealed - Weavers Road North AIS Dec-16 NA NA $132,528 $136,788 $4,260 3%

54078 - Unsealed - North South Road AIS Jun-17 NA NA $322,017 $253,200 -$68,817 -27% Tender awarded at November Council meeting. Budget adjusted at December quarterly review to match tender pricing and Council in principle endorsement.

54092 - Unsealed - Old Coast Road AIS Sep-16 NA NA $109,021 $107,441 -$1,580 -1% Budget adjustment undertaken at 2nd quarter budget review.

54093 - Unsealed - McCauley Road AIS Jun-17 NA NA $314,085 $253,200 -$60,885 -24% Tender awarded at November Council meeting. Budget adjusted at December quarterly review to match tender pricing and Council in principle endorsement.

54094 - Unsealed - Old Port Vincent Road AIS Oct-16 NA NA $112,058 $104,690 -$7,367 -7% Budget adjustment required at 2nd quarter budget review.

54096 - Unsealed - Wattle Point Road AIS Mar-17 NA NA $109,520 $148,337 $38,817 26% Materials Supply Tender adopted by Council at August 2016 meeting. Materials order raised. Anticipated to commence in January 2017 as per rolling road construction program.

54097 - Unsealed - Harmer Road AIS Jun-17 NA NA $37,230 $253,200 $215,970 85% Tender awarded at November Council meeting. Budget adjusted at December quarterly review to match tender pricing and Council in principle endorsement.

57063 - Sealed - Clinton Road AIS Jun-17 NA $785,742 $2,994,629 $2,208,887 74% Tender for a portion of this project awarded at November Council meeting as part of bigger contract.

57108 - Corny Point Road AIS Jun-16 NA NA $783,928 $783,602 -$326 0% Project and associated Budget carried forward from 2015/16. Construction of final portion completed in December 2016 now awaiting final invoice.

57109 - Patch Sheeting AIS Jun-16 NA NA $299,468 $299,468 $0 0% Project and associated Budget carried forward from 2015/16. Anticipate works to be completed in February 2017.

57521 - Osprey Road, Port Julia AIS Jun-17 NA NA $16,100 $29,000 $12,900 44% Anticipated to commence in February 2017 as per rolling road construction program.

57522 - Pine Point Road ( Hastings rd- James Well rd) AIS Jun-17 NA NA $331,996 $379,800 $47,804 13% Tender awarded at November Council meeting. Budget to be adjusted at December quarterly review to match tender pricing and Council in principle endorsement.

57523 - Pine Point Road ( Yorke HWY- St Vincnet HWY) AIS Jun-17 NA NA $713,872 $379,800 -$334,072 -88% Tender awarded at November Council meeting. Budget adjusted at December quarterly review to match tender pricing and Council in principle endorsement.

59419 - Disabled Access (Townships) AIS Jun-17 NA NA $8,339 $25,000 $16,660 67% Initial project allocation made with remaining budget to be allocated to specific projects Feb/Mar 2017.

59428 - Footpath - Robert Street - Maitland AIS Dec-16 NA NA $26,300 $40,988 $14,688 36%Project and subsequent Budget ($5,991) carried forward from 2015/16. Final work to be contracted out.

59445 - Minlaton District School Carpark AIS Nov-16 NA NA $19,063 $25,000 $5,937 24%Budget adjustment undertaken at 2nd quarter budget review. Further adjustment required at 3rd quarter review.

Total Road Infrastructure $5,466,088 $9,809,437 $4,343,349 44%

Stormwater Infrastructure

57110 - High Street - Balgowan Stormwater Kerbing AIS Mar-17 NA NA $0 $143,007 $143,007 100%

59437 - Stormwater - Yorketown Consultancy AIS 2014 NA NA NA $107,327 $118,060 $10,733 9% Project and subsequent Budget carried forward from 2015/16. Correspondence regarding purchase received from Revenue SA. Purchase order raised for procurement.

Total Stormwater Infrastructure $127,907 $281,067 $153,160 54%

Water Scheme Infrastructure

Total Water Scheme Infrastructure $11,382 $12,500 $1,118 9%


67


DA/ITEM 6.2

2. 2016/2017 DECEMBER QUARTERLY BUDGET REVIEW

PURPOSE

To consider and adopt a review of Council’s 2016/2017 Budget and associated financial statements and ratios.

RECOMMENDATION

That Council endorse the December 2016 Budget Review changes as presented in the attached Summary of Changes, Uniform Presentation of Finances and Statement of Comprehensive Income and receive the updated Statement of Financial Position, Statement of Cash Flows, Statement of Changes in Equity and Financial Indicators (Ratios) reports.


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

Regulation 9(1) (b) of the Local Government (Financial Management) Regulations 2011 requires that Council undertake one comprehensive budget review each financial year. This review must include preparation of four principal financial statements (excluding notes) and show a revised full year forecast of each item in the budgeted financial statements compared to estimates set out in the original budget.

Council’s policy PO142 Budget Reporting and Amendment requires quarterly budget reviews i.e. September, December and March. This means Council undertakes two (2) additional budget reviews than required by the Regulations. This is the second (mid-year) of the three (3) quarterly budget reviews for the 2016/2017 financial year.

DISCUSSION

Budget managers in all directorates have completed a review of their 2016/2017 budgets as at 31st December 2016 and all adjustments allowed in accordance with policy PO142 have been included in the attached Statements (refer attachments 1 - 6).

Budgets have been reviewed taking the following into consideration:-

Additional income likely to be generated or received New grants and contributions


68

Changes to user and statutory fee income forecasts Review of staffing levels to those originally budgeted Changes due to amendments in legislation Changes to Government fees and charges Council decisions made between adoption of the original budget and 31st January 2017 Status of capital projects taking into account projects carried forward from 2015/2016

for completion in the current financial year (refer previous Council decision in August 2016)

Income and expenditure to date and forecasts for the remainder of the year

A full list of adjustments with reasons for the changes is attached to this report (refer Attachment 1).

Budgeted Operating Surplus/ (Deficit)

As a result of the second quarterly (mid-year) budget review (QBR 2) and subsequent adjustments proposed, Council’s forecast Operating Deficit for the 2016/2017 financial year is $1.396m, which is a decrease of $1.3m to that forecast in Council’s adopted budget. This significant change to the Operating bottom line (and subsequently Council’s forecast Operating Surplus Ratio) is explained as follows:-

Roads to Recovery (R2R) grant funding – favourable impact - $1.922m was initially budgeted for as capital income (amount received specifically for new or upgraded assets) for expenditure on capital renewal projects, however, accounting treatment in accordance with Note 2 of the LGA SA Model Financial Statements now requires that R2R grants be classified as operating income (grants, subsidies and contributions). This is based on the argument that if Council is entitled to determine the purpose or the project(s) on which the amount is spent (which is the case with R2R grants), then it is classified as operating income (grants, subsidies and contributions). R2R funds received in the 2015/2016 financial year were classified as operating income in the audited financial statements which were completed after the finalisation of the 2016/2017 Annual Business Plan. In QBR 2 these grant funds have now been classified as operating income which has had a significant positive impact on Council’s forecast operating deficit for 2016/2017, however it should be noted that Council’s 2016/2017 R2R grant allocation is significantly higher than its normal annual allocation. Council’s allocation in 2015/2016 was $1.66m, while the average for the three (3) years prior was $586k. This shows that for the last two (2) financial years Council has received greater than its normal quantum of funding with no guarantee that this will continue in 2017/2018 and beyond. This extra funding used specifically for capital expenditure even though classified as operating income has made Council’s Operating Deficit look better than it actually is. This change has also had a significant positive impact on Council’s Operating Surplus Ratio, details of which are explained later in this report.


69

If funding reverts back to normal levels Council’s true Operating Deficit will once again be highlighted and will likely be much higher than forecast in 2016/2017. If R2R grant funds are not reclassified as operating income Council’s forecast Operating Deficit in 2016/2017 will be $3.32m.

Depreciation – unfavourable impact - an increase of $386k to forecast deprecation as a result of asset revaluations of transport infrastructure in 2015/2016, removal of residual values for roads and subsequent depreciation of these previously undepreciated asset components and deprecation of assets capitalised in 2015/2016. This change will impact negatively on Council’s Operating Surplus and Asset Sustainability Ratios, details of which are explained later in this report.

Roadside Vegetation Contract – unfavourable impact – an increase to the Operating Deficit of $238k as a result of Council’s decision to remove $901k budgeted for capital renewal expenditure on roads and allocate that to roadside vegetation operating expenditure in 2016/2017, 2017/2018 and 2018/2019. QBR 2 only captures the impact on Council’s Operating Deficit in 2016/17. The impact in future years will be captured through future annual budgets and Council’s revised LTFP. This change will impact negatively on Council’s Operating Surplus and Asset Sustainability Ratios, details of which are explained later in this report.

More detailed information on the changes to Council’s proposed Operating Deficit (and income and expenditure budgets) is available in the Updated Statements in particular the Budgeted Statement of Comprehensive Income (refer Attachment 3) and also in Attachment 1.

Budgeted Capital Expenditure

Council’s forecast capital expenditure after the proposed second quarterly (mid-year) budget review adjustments is $13.96m. This includes the initially adopted budget of $10.62m to which carry forward projects adopted by Council worth $4.06m were added in August 2016 and adjustments of $49k were added at the September Quarterly Budget Review (QBR 1). A net reduction of $766k to the capital expenditure forecast is proposed in QBR 2, details of which can be found in the Updated Statements in particular the Budgeted Statement of Cash Flows (refer Attachment 5) and also in Attachment 1.

Of the proposed budget of $13.96m, $8.67m is budgeted to be spent on renewal and replacement of existing assets, which is an increase of $2.6m to Council’s adopted budget due mainly to carry forward projects.

Budgeted Cash Flow & Net Lending/ (Borrowing)

Following the proposed adjustments in this budget review, Council’s forecast closing cash and cash equivalents as at 30th June 2017 is $3.66m which is an increase of $160k to Council’s adopted budget.

The forecast end of year Net Lending/ (Borrowing) has changed from a net borrowing amount of $4.14m at QBR 1 to $3.54m due to adjustments proposed in QBR 2. This is a reduction of $600k.


70

More detail on the movements in net lending/ (borrowing) for the financial year can be found in the Budgeted Uniform Presentation of Finances (refer Attachment 2).

Budgeted Financial Indicators (Ratios)

Operating Surplus Ratio – forecast has decreased from (9.6%) to (4.6%) but still continues to be below the industry minimum target of breakeven or 0%. While the reduction is significant the following should be noted:-

The formula used to calculate this ratio has changed from when the initial budget was set. Originally this ratio represented Operating Surplus/ (Deficit) as a percentage of total rate revenue less NRM levy and the 2016/2017 forecast ratio calculated using this formula was (12.7%). Using the new formula which now represents Operating Surplus/ (Deficit) as a percentage of total operating revenue and recalculating the original forecast 2016/17 ratio the result is (9.6%). After QBR 2 proposed adjustments and impacts the proposed ratio is now (4.6%).

As explained earlier in this report the reclassification of R2R grant funds, increase in forecast depreciation and Council’s decision on the Roadside Vegetation contract has impacted on this ratio.

If R2R grant funds are not reclassified to operating income Council’s forecast Operating Surplus Ratio would be 11.8% (up from 9.6% due to increases in depreciation).

Net Financial Liabilities Ratio - as a result of proposed changes in this budget review, this ratio is forecast to decrease to 20.5% when compared to Council’s adopted forecast of 24.5%. This decrease is due to the various adjustments proposed in this budget review (primarily the reclassification of R2R grant funds) and its impact on forecast cash and cash equivalents and total operating income. If R2R grant funds are not reclassified to operating income the forecast for this ratio will be 21.9%.

This ratio remains well below the industry ceiling of 100% and gives Council the ability to consider future borrowings for capital renewal expenditure provided Operating Income levels are sufficient to cover borrowing costs.

Asset Sustainability Ratio – forecast to be 88% for 2016/2017 if all capital renewal projects are completed as budgeted and deprecation is not significantly different to that forecast. Originally this was forecast to be 62%, however, carry forward projects from 2015/2016 resulted in an increase to 99% before proposed changes in QBR 2 (particularly Depreciation and Roadside Vegetation contract) have reduced this forecast to 88%.

The forecast ratio remains just below the industry target of 90%, however, it should be noted that approximately 37% of this ratio is a result of capital renewal projects budgeted in 2015/2016 but not completed in that year. As a result those projects were carried forward for completion to 2016/2017 reducing the ratio for 2015/2016 and increasing the forecast ratio in the current financial year. This is likely to be a one-off occurrence which has extraordinarily inflated the ratio in 2016/2017.

More information on Council’s Financial Indicators can be found in Attachment 7.


71


Level 1 Inform – Included in Council meeting agenda and minutes which are published on Council’s website




Manager Financial Services

Budget Managers

Accountant – Financial Management

Accountant – Financial Operations


Nil

POLICY IMPLICATIONS

PO142 Budget Reporting and Amendment Policy


Budget and resource implications are as detailed in this report and as presented in the attached financial statements and indicators.


Council’s budget is a fundamental instrument of accountability and an essential pre-requisite to deciding the annual rate impost on the community. As such it is important that material variations compared with the original budget be disclosed and explained.


Local Government (Financial Management) Regulations 2011

ATTACHMENTS

Attachment 1: Proposed Summary of Changes – Mid-Year (December) Budget Review 2016/2017

Attachment 2: Budgeted Uniform Presentation of Finances 2016/2017

Attachment 3: Budgeted Statement of Comprehensive Income 2016/2017

Attachment 4: Budgeted Statement of Financial Position 2016/2017

Attachment 5: Budgeted Statement of Cash Flows 2016/2017

Attachment 6: Budgeted Statement of Changes in Equity 2016/2017

Attachment 7: Budgeted Financial Indicators (Ratios) 2016/2017


72

Type Note Amount

#Increase/ (Decrease)

Rates 1 5,000$ Rates fines income forecast higher than originally budgeted.

Rates 2 23,000‐$ Reduction to legal and bank fees recovered as all debt recovery undertaken in house.

Rates 3 5,227$ Mandatory rate rebates given were less than originally budgeted.

Rates 4 10,948$ Waste collection income raised higher than originally budgeted.

Rates 5 613‐$ Minor adjustments (individually less than $5k) across several budget lines to reflect income to date & forecast.

Statutory Charges 6 12,000‐$ CITB no longer collected by Council ‐ partially offset by reduction of $10k in operating expenditure.

Statutory Charges 7 6,800‐$ Property search income forecast less than originally budgeted.

Statutory Charges 8 5,800‐$ Minor adjustments (individually less than $5k) across several budget lines to reflect income to date & forecast.

User Charges 9 11,175‐$ Net reduction to forecast caravan parks income due inclement weather and cabin upgrade projects not completed.

User Charges 10 7,500‐$ Road rental income not being received this year as invoices raised last financial year for a 5 year period.

User Charges 11 790$ ESL reimbursement caravan park not originally budgeted.

Grants, Subsidies and Contributions 12 19,896‐$ Balance budget to actual Financial Assistance Grant (General Component) being received in 2016/17.

Grants, Subsidies and Contributions 13 1,922,674$ Roads to Recovery grant previously classified under capital income now included under operating income as per Model Financial Statements.

Grants, Subsidies and Contributions 14 2,035$ Minor adjustments (individually less than $5k) across several budget lines to reflect income to date & forecast.

Reimbursements 15 11,580$ ESL reimbursement from community groups not originally budgeted.

Reimbursements 16 25,000‐$ Remove Ardrossan Jetty Shelters ($5k) & Stansbury Playgorund Fence ($20k) capital projects progress contributions budgted twice.

Reimbursements 17 16,047‐$ Insurance rebates and special distributions and other reimbursements forecast to be less than originally budgeted.

Reimbursements 18 2,533‐$ Minor adjustments (individually less than $5k) across several budget lines to reflect income to date & forecast.

Other Income 19 11,460$ Incorrectly treated in 15/16 as income in advance (unspent grant). Funds now returned to general revenue.

Other Income 20 5,985$ Minor adjustments (individually less than $5k) across several budget lines to reflect income to date & forecast.

YORKE PENINSULA COUNCIL2016/17 BUDGET

PROPOSED SUMMARY OF CHANGES

Reason for Variance

OPERATING INCOME


73

Type Note Amount




Reason for Variance

Employee costs 21 15,293‐$ Allocate wages to capital projects

Employee costs 22 1,999‐$ Minor adjustments (individually less than $5k) across several budget lines to reflect expenditure to date & forecast expenditure.

Materials, contracts & other expenses 23 237,506$ Net increase to contractual budget to reflect Council decision on Roadside Vegetation Management tender.

Materials, contracts & other expenses 24 25,000‐$ Internal audit improvements entire budget not required as work undertaken in house rather than using consultants. Part of this budget used to fund capital renewal of office furniture and fittings and rest used to offset shortfall in income in other budget areas.

Materials, contracts & other expenses 25 5,000‐$ Street cleaning general maintenance budget reduced. Transferred to cleaning contract budget to make up forecast shortfall.

Materials, contracts & other expenses 26 15,000‐$ Ardrossan CWMS general maintenance surplus funds identified. Transferred to other CWMS to fund unexpected expenditure as a result of pump failures and electrical faults due to storm events.

Materials, contracts & other expenses 27 6,000$ Hardwicke Bay CWMS unexpected pump failures and electrical faults as a result of storm events.

Materials, contracts & other expenses 28 8,000$ Point Turton CWMS unexpected pump failures and electrical faults as a result of storm events.

Materials, contracts & other expenses 29 5,000$ Stansbury CWMS unexpected pump failures and electrical faults as a result of storm events.

Materials, contracts & other expenses 30 30,000‐$ Reallocate $20k from Jetties general maintenance to fund storm damage on Jetties. $10k identified as surplus funds in Jetties general maintenance reallocated to cleaning contract budget to make up forecast shortfall.

Materials, contracts & other expenses 31 20,000$ Storm damage repairs to Jetties. Budget reallocated from Jetties general maintenance. Refer item #30 above.

Materials, contracts & other expenses 32 7,000‐$ Cemeteries general maintenance surplus funds reallocated to cleaning contract budget to make up forecast shortfall.

Materials, contracts & other expenses 33 10,000‐$ Reallocate part of the public conveniences general maintenance budget to the cleaning contract budget to make up forecast shortfall.

Materials, contracts & other expenses 34 52,000$ Increase cleaning contract to reflect actual cost of services provided and address forecast budget shortfall. Additional cleaning not originally budgeted.

Materials, contracts & other expenses 35 20,000‐$ Reallocate part of the parks and reserves general maintenance budget to the cleaning contract budget to make up forecast shortfall.

Materials, contracts & other expenses 36 7,000‐$ Rates debt recovery legal costs no longer required as debt recovery undertaken in house.

Materials, contracts & other expenses 37 10,000‐$ CITB levy no longer payable as not collected by Council. Offset by reduction in income. Refer item #6 above.

Materials, contracts & other expenses 38 5,000‐$ Rates external debt recovery agents no longer used as debt recovery undertaken in house.

Materials, contracts & other expenses 39 7,000‐$ Forecast planning consultant expenditure not as high as originally budgeted.

Materials, contracts & other expenses 40 9,000‐$ Reduce planning consultant budget for Township DPA's to as cost to complete less than originally budgeted.

Materials, contracts & other expenses 41 3,506‐$ Minor adjustments (individually less than $5k) across several budget lines to reflect expenditure to date & forecast expenditure.

Depreciation 42 386,000$ Increase to forecast depreciation as a result of transport asset revaluations, removal of residual values on roads and depreciation of assets capitalised in 2015/16.

OPERATING EXPENDITURE


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Type Note Amount




Reason for Variance

Amounts received specifically for new assets 43 70,500$ Ardrossan Stormwater Reuse Stage 3 capital project contribution from Ardrossan Progress not originally budgeted

Amounts received specifically for new assets 44 1,922,674‐$ Roads to Recovery grant previously classified under capital income now included under operating income as per Model Financial Statements. Refer item #13 above.

CWMS Infrastructure 45 30,255$ Replacement of pump station at Port Victoria CWMS destroyed in car accident. Reimbursed through Council insurance scheme.

Other Assets 46 10,000$ Allocating budget for office furniture and fittings not originally budgeted. Savings identified in operating expenditure budget lines used to fund this.

Roads Infrastructure 47 901,760‐$ Budget for road acceleration (renewal) removed in line with Council decision on Roadside Vegetation Management tender. $237.5k allocated to Roadside Vegetation Management in 2016/17 with the rest to be used for same in future years. Refer item#23 above.

Roads Infrastructure 48 68,817$ North South Road construction ‐ increase to budget as per tender awarded. Additional funds taken from Rubble inventory.

Roads Infrastructure 49 60,885$ McCauley Road construction ‐ increase to budget as per tender awarded. Additional funds taken from Rubble inventory.

Roads Infrastructure 50 215,970‐$ Harmer Road construction ‐ decrease to budget as per tender awarded and Council decision. Funds allocated to other roads.

Roads Infrastructure 51 47,804‐$ Pine Point Road (Hastings Rd ‐ James Well Rd) budget decreased to match tender price. Funds allcoated to other roads.

Roads Infrastructure 52 334,072$ Pine Point Road (Yorke Hwy ‐ St Vincent Hwy) budget increased to match tender price.

Roads Infrastructure 53 10,263‐$ Balance Minlaton school carpark renewal project budget as work completed for less than originally forecast.

Various 54 19,768$ Minor adjustments (individually less than $5k) across asset classes to reflect expenditure to date, forecast expenditure and completion of projects.

Inventory ‐ Rubble 55 200,000‐$ Rubble budget allocation reallocated to road construction projects after Council decision on tender.

Stormwater Infrastructure 56 73,500$ Ardrossan Stormwater Reuse Stage 3 capital project (30% of total budget) not originally budgeted. Balance of budget to be included in 2017/18 to match timing of project completion. Offset by contibution from Ardrossan Progress. Refer item #43 above.

Various 57 12,500$ Minor adjustments (individually less than $5k) across asset classes to reflect expenditure to date, forecast expenditure and completion of projects.

CAPITAL EXPENDITURE ‐ RENEWAL

CAPITAL EXPENDITURE ‐ NEW/UPGRADE

CAPITAL INCOME


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2016/17 2016/17 2016/17 2016/17 2016/17 2016/17

Adopted BudgetCarry Forward

Projects Adjustments

September Budget

Adjustments

December Budget

Adjustments Revised Budget Notes

$('000) $('000) $('000) $('000) $('000)Operating Revenues 28,087 65 122 1,845 30,119 1 -20less Operating Expenses 30,778 213 (20) 544 31,515 21 - 42Operating Surplus/(Deficit) before Capital Amounts (2,691) (148) 142 1,301 (1,396)

Less: Net Outlays on Existing AssetsCapital Expenditure on Renewal/Replacement of Existing Assets 6,027 3,266 30 (652) 8,671 45 - 54less Depreciation, Amortisation & Impairment 9,075 (70) 386 9,391 42less Proceeds from Sale of Replaced Assets 363 363

(3,411) 3,336 30 (1,038) (1,083)

Less: Net Outlays on New and Upgraded AssetsCapital Expenditure on New/Upgraded Assets 4,592 791 19 (114) 5,288 55 - 57less Amounts Specifically for New/Upgraded Assets 3,914 (1,852) 2,062 43 - 44less Proceeds from Sale of Surplus Assets 0 0

678 791 19 1,738 3,226

Net Lending / (Borrowing) for Financial Year 42 (4,275) 93 601 (3,539)

BUDGETED UNIFORM PRESENTATION OF FINANCES


Attachment 2


76

2016/17 2016/17 2016/17 2016/17 2016/17 2016/17



September Budget

Adjustments

December Budget


$('000) $('000) $('000) $('000) $('000)INCOMERates 21,209 (2) 21,207 1 - 5Statutory Charges 415 10 (25) 400 6 - 8User Charges 3,115 (18) 3,097 9 - 11Grants, subsidies, contributions 2,671 50 12 1,905 4,638 12 - 14Investment Income 193 193Reimbursements 414 100 (32) 482 15 - 18Other Income 70 15 17 102 19 - 20Total Income 28,087 65 122 1,845 30,119

EXPENSESEmployee costs 8,500 (68) (17) 8,415 21 - 22Materials, contracts & other expenses 12,726 283 37 175 13,221 23 - 41Depreciation 9,075 (70) 386 9,391 42Finance Costs 477 11 488Total Expenses 30,778 213 (20) 544 31,515

OPERATING SURPLUS/(DEFICIT) BEFORE CAPITAL AMOUNTS (2,691) (148) 142 1,301 (1,396)

Net gain/(loss) on disposal or revaluations 10 10Amounts specifically for new assets 3,914 (1,852) 2,062 43 - 44NET SURPLUS/(DEFICIT) 1,233 (148) 142 (551) 676

TOTAL COMPREHENSIVE INCOME 1,233 (148) 142 (551) 676


BUDGETED STATEMENT OF COMPREHENSIVE INCOME

Attachment 3


77

2016/17 2016/17 2016/17 2016/17 2016/17 2016/17



September Budget

Adjustments

December Budget


$('000) $('000) $('000) $('000) $('000)ASSETSCurrent AssetsCash & Equivalent Assets 3,496 (38) (984) 1,182 3,656Trade & Other Receivables 1,346 (116) 1,230Inventories 777 980

Total Current Assets 5,619 (38) (1,100) 1,182 5,866

Non-Current AssetsFinancial Assets 910 223 1,133Infrastructure, Property, Plant & Equipment 339,833 174 (40,195) (2,055) 297,757

Total Non-Current Assets 340,743 174 (39,972) (2,055) 298,890Total Assets 346,362 136 (41,072) (873) 304,756

LIABILITIESCurrent LiabilitiesTrade & Other Payables 2,379 (38) (441) 1,900Borrowings 629 48 677Provisions 1,699 8 1,707

Total Current Liabilities 4,707 (38) (385) 0 4,284

Non-Current LiabilitiesBorrowings 7,317 (14) 7,303Provisions 606 10 616

Total Non-Current Liabilities 7,923 7,923Total Liabilities 12,630 (38) (385) 0 12,207

NET ASSETS 333,732 174 (40,687) (873) 292,553

EQUITYAccumulated Surplus (2,480) (148) (5,296) (551) (8,475)Asset Revaluation Reserve 335,455 (35,118) 300,337Other Reserves 757 (66) 691TOTAL EQUITY 333,732 (148) (40,480) (551) 292,553

BUDGETED STATEMENT OF FINANCIAL POSITION


Attachment 4


78

2016/17 2016/17 2016/17 2016/17 2016/17 2016/17



September Budget

Adjustments

December Budget


$('000) $('000) $('000) $('000) $('000)CASH FLOWS FROM OPERATING ACTIVITIESReceiptsOperating Receipts 27,894 65 122 1,845 29,926 43 - 44Investment Receipts 162 (11) 151PaymentsOperating Payments to Suppliers and Employees (21,028) (321) 336 (17) (21,030)Materials, contracts & other expenses 0 175 175Finance Costs (477) (11) (488)Net Cash provided by (or used in) Operating Activities 6,551 (256) 436 2,003 8,734

CASH FLOWS FROM INVESTING ACTIVITIESReceiptsAmounts Specifically for New/Upgraded Assets 3,914 (1,852) 2,062Sale of Renewed/Replaced Assets 363 363Repayments of Loans by Community Groups 107 34 141PaymentsExpenditure on Renewal/Replacement of Assets (6,027) (3,266) (30) 652 (8,671) 45 - 54Expenditure on New/Upgraded Assets (4,592) (791) (19) 114 (5,288) 55 - 57Net Cash Provided by (or used in) Investing Activities (6,235) (4,057) (15) (1,086) (11,393)

CASH FLOWS FROM FINANCING ACTIVITIESReceiptsProceeds from Borrowings 0 0PaymentsRepayments of Borrowings (648) 6 (642)Repayment of Finance Lease Liabilities 0 0Repayment of Aged Care Facility Deposits 0 0Net Cash provided by (or used in) Financing Activities (648) 0 6 0 (642)

0Net Increase/(Decrease) in cash held (332) (4,313) 427 917 (3,301)

Opening cash, cash equivalents or (bank overdraft) 3,828 4,275 (1,146) 0 6,957

Closing cash, cash equivalents or (bank overdraft) 3,496 (38) (719) 917 3,656


BUDGETED STATEMENT OF CASH FLOWS

Attachment 5


79

2016/17 2016/17 2016/17 2016/17 2016/17 2016/17



September Budget

Adjustments

December Budget


$('000) $('000) $('000) $('000) $('000)ACCUMULATED SURPLUSBalance at end of previous reporting period (3,713) (70) (5,368) (9,151)Net Result for Year 1,233 (148) 142 (551) 676Transfers to Other Reserves 0 0Transfers from Other Reserves 0 0Balance at end of period (2,480) (218) (5,226) (551) (8,475)

ASSET REVALUATION RESERVELand 73,286 73,286Buildings and Other Structures 48,995 48,995Transportation Infrastructure 186,712 (35,817) 150,895Plant & Equipment 0 0Furniture & Fittings 0 0CWMS Infrastructure 14,481 14,481Water Scheme Infrastructure 1,374 699 2,073Other Assets 0 0Office Building 0 0Stormwater Drainage 10,607 10,607Balance at end of period 335,455 0 (35,118) 0 300,337

OTHER RESERVESBalance at end of previous reporting period 757 70 (66) 761Transfers from Accumulated Surplus 0 0Transfers to Accumulated Surplus 0 0Balance at end of period 757 70 (66) 0 761

TOTAL EQUITY AT END OF REPORTING PERIOD 333,732 (148) (40,410) (551) 292,553


BUDGETED STATEMENT OF CHANGES IN EQUITY

Attachment 6


80

2016/17 2016/17 2016/17 2016/17 2016/17 2016/17



September Budget

Adjustments

December Budget


Operating Surplus Ratio - % (9.6)% (0.5)% 0.5% 4.9% (4.6)% 1 - 44Net Financial Liabilities Ratio - % 24.5% -0.1% 1.6% -5.5% 20.5%Asset Sustainability Ratio - % 62% 37% 0% -11% 88% 42, 45 - 54


BUDGETED FINANCIAL INDICATORS (RATIOS)

Attachment 7


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DA/ITEM 6.2

3. POST OFFICE FUNDING REQUEST - PINE POINT PROGRESS ASSOCIATION INC.

PURPOSE

To consider a request from the Pine Point Progress Association Inc. for financial assistance in regard to the set-up of Australia Post approved Post Office Boxes at the Pine Point Hall with the intention of providing a regular mail service to the residents of Pine Point. RECOMMENDATION

That Council make available a “one of” financial assistance grant of up to $10,000 to the Pine Point Progress Association Inc. for the purpose of setting up an Australia Post approved Post Office Box facility at the Pine Point Hall grounds on the condition that 50% of funding drawn down is to be reimbursed to Council by the Pine Point Progress Association within 18 months of the completion of the project.



Strategy: 4.4 Continue providing community grants, donations and sponsorships

BACKGROUND

The Pine Point Progress Association Inc. (“the Association”) has advised that their application to Australia Post to provide a Post Office Box facility on the grounds of the Pine Point Hall has been approved. The Association currently leases the Pine Point Hall and grounds from Council. Australia Post initially approached the Association to provide this facility as current postal arrangements in the township were considered less than effective by Australia Post. The Association has been investigating alternate income streams for some time in co-operation with Council to ensure their ongoing financial sustainability and lessen their reliance on annual hardship grants from Council to make ends meet. This opportunity could guarantee the financial sustainability of the Association for many years to come.

DISCUSSION

The proposed facility will provide 81 post office boxes for use by Pine Point residents under Australia Posts normal conditions of operation. The Association is considering alternatives to house the facility on the grounds of the Pine Point Hall and is currently in discussions with Council Development Services planning staff to decide the most appropriate resolution. The options currently under consideration include


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the hall itself, the shed on the hall grounds and the utilisation of the ablutions facility on the same grounds. The service will be provided using 100% volunteer labour and will be maintained by the Association. Australia Post have indicated an annual income of approximately $7,200 can be expected by the Association in providing this service. This income stream would effectively double the current income available to the Association and promises to adequately fund the Associations activities for the foreseeable future. This project is considered a great opportunity by Council staff knowing the financial plight of the Association in recent times and the initiative is applauded. The Association, however, do not have the capital funds to finance the initial set up and have requested financial assistance via Council staff and Elected Members. The request from the Association for funding was originally being processed as a Community Budget Request however the timing of the project opportunity requires that a positive response be given to Australia Post as soon as possible and work begin on establishing the facility almost immediately. Once the appropriate alternative for the facility has been identified and agreed the Association propose to draw down funding as required up to the amount specified in this request. All costs in excess of $10,000 will be met directly by the Association from their existing funds The Association has been approached by Council staff and has agreed to reimburse 50% of any funding drawn down within a reasonable time frame should Council approve their request. This reimbursement will be funded by the income stream secured by providing the facility.


Level 1 – Inform







Pine Point Progress Association

POLICY IMPLICATIONS

Not Applicable


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Any grant amount advanced can be sourced within existing budget allocations. This project fits the criteria for funding from amounts budgeted for Grant Funded Community projects. (Annual Budget $25,000, $0 committed to date). Pressure on Council’s financial resources will be lessened going forward with less likelihood that the Association will need to request hardship funding in the future and will be able to meet costs essential to their existence such as insurance.


A slight risk exists that Council may not be able to recover 50% of funds advanced however the establishment of this permanent income stream for the Association lessens this risk considerably.

ATTACHMENTS

Nil


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DA/ITEM 6.2

4. CORNY POINT PROGRESS ASSOCIATION INC. REQUEST FOR EXTRA FUNDS TO COVER OPERATING COSTS

PURPOSE

To consider the provision of further financial assistance, due to stated hardship and as provided within policy - PO094 – Annual Progress Association Allocation, to the Corny Point Progress Association Inc. to assist in payment of insurances and other operating costs.

RECOMMENDATION A

That Council make a contribution of $1,000 to the Corny Point Progress Association to subsidise operating costs for the 2016/2017 financial year;

or

RECOMMENDATION B

That Council do not make a contribution to the Corny Point Progress Association to subsidise operating costs for the 2016/2017 financial year.




BACKGROUND

The Corny Point Progress Association Inc., along with many smaller Progress Associations are concerned about the escalating costs of their essential insurance premiums, along with other new and ongoing costs relevant to Associations such as theirs.

The Corny Point Progress Association have shown considerable initiative in identifying new revenue streams and cost savings which are detailed in their application. Unfortunately the application also details “new” costs that the Association has had to bear which, along with ongoing costs, still exceed available revenue streams.

Their application shows they are not currently financially sustainable due to these costs exceeding available income and they have verbally advised they may need to consider going into recess within the next few years unless they are afforded some assistance by Council under the Hardship clause contained in Councils policy - PO094 – Annual Progress Association Allocation as endorsed by Council in April 2015.


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Part of Clause 4 in PO094 states:

“Council may consider written applications from Progress Associations (or similar not for profit organisations) experiencing hardship, for funding in addition to the annual allocation. Submissions must be received by December 31 of each year for consideration at the February Council meeting. Progress Associations (or similar not for profit organisations) are required to produce a copy of their most recent financial statement and any other information requested by Council as part of their application for this contribution.”

A reminder letter outlining the opportunity to apply for additional financial assistance was sent to all Progress Associations in November 2016.

DISCUSSION

The Corny Point Progress Association Inc., have requested Council consider making an extra contribution this financial year towards escalating costs that are essential to their existence. Members of the Corny Point Progress Association Inc. willingly volunteer their time and skill to achieve improvements and maintain local facilities; however increasing costs threaten to cripple their Association. While Corny Point Progress Association Inc. have applied for a number of grants and have had success with partial funding resulting in a number of significant improvements to their township, they are often unable to meet the financial contribution requirements of many grant programs. As such they have consulted with Council looking for ways to address their long term financial sustainability and are continually considering initiatives that will assist in the future. Council’s Annual Progress Association Allocations have been processed for 2016/2017, with Corny Point Progress Association Inc. receiving their $1,500 payment in September 2016, however they state that this amount was insufficient to ensure they could cover all expenses. Council awarded Corny Point Progress a hardship grant in 2015/2016 of $1,000.00. Their application, at Attachment 1, clearly sets out the ongoing financial challenge for the Association with operating costs exceeding available income in the financial year and a financial statement, at Attachment 2, shows a deficit for the Association of $1,485.75 for the 2015/2016 financial year. Their application does not indicate a set amount requested this year, preferring to allow Council to decide what may be appropriate on this occasion.


Level 1 – Inform


86





Corny Point Progress Association

POLICY IMPLICATIONS

PO094 – Annual Progress Association Allocation


Annual Progress Association Allocations for 2016/2017 are $1,500 per association and this is paid by 30 September annually to all eligible progress associations as listed in Council policy PO094 – Annual Progress Association Allocation.

At the date of writing, an allowance of $6,000.00 is still available in the 2016/17 Adopted Budget for hardship requests. This request is one of 2 received and included in this Council Agenda. The request received from Pine Point Progress Association requests a hardship grant of $760.00 – details are included in report 6.2 R5.


Corny Point Progress Association have indicated that they are on the borderline of negative growth and in danger of discontinuing operations. Should this occur, the risk for Council is that Council would be required to perform all tasks currently undertaken by Corny Point Progress Association.

ATTACHMENTS

Attachment 1: Letter from Corny Point Progress Association Inc.

Attachment 2: Corny Point Progress Association Inc. Financials


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CORNY POINT PROGRESS ASSOCIATION INC

Secretary: Trevor Tiller PO Box 38 Corny Point SA 5575 Email:[email protected] Phone: 0437527271

President: Mr Charlie Tooze PO Box 32 Corny Point SA 5575 Email:contact@cornypoint .com.au Phone: 8855 3368

Treasurer: Ms Marilyn Hall PO Box 38 Corny Point SA 5575 Phone: 0405442650

1st December 2016

Yorke Peninsula Council Attention: Mr David Harding Director Corporate and Community Services Dear David, Corny Point Progress Association Inc. last year received a Hardship Grant of $1000 for which we were thankful. While we have investigated and initiated some strategies to endeavour to improve our financial situation, we are still very much borderline in terms of viability in the coming years, thus we again request a grant to assist us at the current time. Some of the initiatives we have taken are

Negotiated with our insurance broker and have changed our underwriter for Public Liability. (reduced by $400)

Reassessed our planned projects and sought assistance for some materials from the Yorke Peninsula Council, as well as contributions from local residents

Held raffles at Mothers’ Day and Fathers’ Day ($700) Introduced some new events at our Easter Market, our main fundraising event Continued to apply for grants, and were successful with Community Grants ($5000) towards

a new ride-on mower and Rec. Fishing Grant ($7800) for a beach shelter and cooking station We are currently negotiating with the Church Renovations Group to take over the proceeds

from can and bottle collection when they have completed all work at the church, possibly by the end of this financial year.

Our new Treasurer and Secretary have prepared a forward budget to inform our planning. Each of these had a degree of success.

To counter this income

We now have to pay the Emergency Services Levy passed on from YPC (we understand that not all councils are taking this course of action), $96 retrospective current year to come

We have been required to pay for Chubb safety check $191 We had to pay YPC for Electrical Tagging and Testing $339 It has been necessary to rethink the beach shelter project and we plan to use a number of Geo-

textile bags to provide protection against expected high tides. Est. $2000

Our identified major projects for the current financial year as set out in our planning document


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Beach shelter $6000 contribution towards a $23800 total cost Construction of a Seaside Memorial at the lighthouse $2000 Corny Point Tourist Information Board and brochures $1500 Repairs to tennis court lights $500

Ongoing operating costs including but in exclusively

Insurances $2500 Utilities $1500 Maintenance and repairs $600 Cleaning contract and materials $550 Trailer registration $80 Administration consumables $600 Auditor $250

As you can see, the outgoing operating costs still exceed the anticipated incoming costs from our Easter Market and Annual Allocation. Accordingly, we request the Elected Members to approve another Hardship Grant to Corny Point Progress Association Inc. Yours sincerely, Trevor Tiller Secretary


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DA/ITEM 6.2

5. PINE POINT PROGRESS ASSOCIATION INC. REQUEST FOR EXTRA FUNDING

PURPOSE

To consider the provision of further financial assistance in the amount of $760 due to stated hardship and as provided within policy - PO094 – Annual Progress Association Allocation, to the Pine Point Progress Association Inc. to assist them in meeting their insurance and other costs for 2016/2017. RECOMMENDATION A

That Council make a “hardship” contribution of $760.00 to the Pine Point Progress Association Inc. for the 2016/2017 financial year;

or

RECOMMENDATION B

That Council do not make a “hardship” contribution to the Pine Point Progress Association Inc. for the 2016/2017 financial year.




BACKGROUND

The Pine Point Progress Association Inc. has advised in their application that the escalating costs of their essential insurance premiums and the ever increasing burden of costs relevant to Associations such as theirs is causing them financial hardship and consuming much of their limited income.

The Pine Point Progress Association Inc. is one of a few smaller progress associations that have met with the Director Corporate and Community Services to discuss ways in which they can stretch limited funds available and are showing a determined initiative to find alternative income streams for their Association.

Their application requests Council afford them some assistance for this financial year under the Hardship clause contained in Councils policy - PO094 – Annual Progress Association Allocation as endorsed by Council in April 2015.

Part of Clause 4 in PO094 states:

“Council may consider written applications from Progress Associations (or similar not for profit organisations) experiencing hardship, for funding in addition to the annual allocation.


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Submissions must be received by December 31 of each year for consideration at the February Council meeting. Progress Associations (or similar not for profit organisations) are required to produce a copy of their most recent financial statement and any other information requested by Council as part of their application for this contribution.”

A reminder letter outlining the opportunity to apply for additional financial assistance was sent to all Progress Associations in November 2016.

DISCUSSION

The Pine Point Progress Association Inc., have requested Council consider making an extra contribution this financial year due to escalating insurance costs whilst they consider other cost saving suggestions and assess their long term financial sustainability. Members of the Pine Point Progress Association Inc. willingly volunteer their time and skill to achieve improvements and maintain local facilities with significant contributions made in their small town. As submitted to Council at this meeting Pine Point Progress have recently received approval from Australia Post to operate a Post Office Box facility for residents from the Pine Point Hall grounds which they lease from Council. The Association has voted to follow through on this opportunity subject to requested financial assistance from Council as detailed in report 6.2 R3 in this agenda. It is estimated the establishment of the post office boxes will provide an annual income of approximately $7,200 p.a. for the group and negate the need to apply for hardship contributions in the future. Council’s Annual Progress Association Allocations have been processed for 2016/2017, with Pine Point Progress Association Inc. receiving their $1,500 payment in September 2016. A letter outlining reasons for this request along with financial statements are attached for Councillors reference in their consideration of this matter.


Level 1 – Inform





Pine Point Progress Association

POLICY IMPLICATIONS

PO094 – Annual Progress Association Allocation


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Annual Progress Association Allocations for 2016/2017 are $1,500 per association and this is paid by 30 September annually to all eligible progress associations as listed in Council policy PO094 – Annual Progress Association Allocation.

At the date of writing, an allowance of $6,000 is still available in the 2016/17 Adopted Budget for hardship requests. Pine Point Progress applied for a similar hardship grant in the 2015/16 financial year and were awarded $881.59 to assist with insurance costs.

In addition to this application a further request from Corny Point Progress for an unspecified amount is included in this agenda as report 6.2 R4.


Should Pine Point Progress Association be in danger of discontinuing operations, the risk for Council is that Council will be required to perform all tasks currently undertaken by Pine Point Progress Association Inc.

ATTACHMENTS

Attachment 1: Letter from Pine Point Progress Association Inc. and Financial Statement


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The Pine Point Progress Association Inc ABN: 62 937 036 335

All correspondence to: The Secretary, Wendy Magor PO Box 20, PINE POINT SA 5571

Phone: 0437228129Email: [email protected]

President .................................................. Yvette Bright Vice-President ....................................... Roger Williams Secretary ................................................ Wendy Magor Treasurer .................................................. Chris Lynch

Dear Yorke Peninsula Council and Elected Members of Council, On behalf of the Pine Point Progress Association, I am writing this letter to you seeking an additional hardship payment for the Pine Point Progress Association. Whilst we greatly appreciate the Annual Allocation payment that the Yorke Peninsula Council provide us each year, we are having financial hardship and need further assistance. The Pine Point Progress Association had been paying the insurance for the hall over the past few years. Prior to this we had arrangements with the council to not pay the insurance costs in lei of the work done in the community for the council. Whilst we have been happy to pay the cost of insurance in the past from the money we raised from community memberships, projects and events, the rising costs of insurance has meant that this is becoming increasing difficult as the costs associated with insurance almost level the income we make in a financial year. This stops us putting this money back into the community like it was intended. The current cost for insurance for the hall is $1524.77. We do not require all the funds to cover this, as we are able at this stage to cover $764.77. We are requesting hardship funds of $760.00 to ensure that the hall is insured, but by the Progress Association only contributing this amount, we are able to continue the wonderful work our members do around the town. Whilst we have a small amount of funds set aside, this money is intended to be used for a new lawnmower that is required. We currently use the lawn mower to keep our town fire safe by mowing resident’s lawns as well as crown land. If we use this money set aside, and our current lawn mower no longer works, we will find ourselves in an extremely difficult situation, one which we are trying to avoid by requesting some additional assistance. Just for your information we also are applying to become the agent for Australia Post which if we are successful could mean we will have a regular income which would mean projects and accounts eg Insurance we would find easier to achieve payment for but this of course is just in our pipe line at the moment. I am very proud to be part of the Pine Point Progress Association as the work the committee and volunteers do around the town is simply wonderful. We want the Pine Point Progress Association to continue well into the future and maintain a positive relationship with the Yorke Peninsula Council. Thank you in advance for viewing our Hardship submission. If you require further information, please do not hesitate to get in contact with us at [email protected] or phoning our President Yvette Bright on 0422 909 751. Kind Regards Wendy Magor Secretary Pine Point Progress Association.


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The Pine Point Progress Association Inc

INCOME & EXPENDITURE FOR THE PERIOD 3/10/16-5/12/16

Petty Cash$ $ $ $

Opening Balance 171.39 4,976.00

INCOME:Membership 180.00Donation 72.62Melbourne Cup 3,070.25Bob's Book 192.00Raffle 100.00

3,614.87 8,590.87

EXPENDITURE:Mower 293.00Insurance (Public Liab, contents, etc) 1,162.72Maxbilt (BBQS & Heaters) 4,575.80Kitchen aids 20.00Xmas Breakup 21.50Agl 116.32Melbourne Cup 1,278.55Transfer to Incentive Saver A/c 5.00

7,472.89

Closing Balance 1,117.98

Incentive Saver A/c 7,540.72

PETTY CASH:Balance at 5/12/16 129.89

Petty Cash is now included in Income/Expend


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DA/ITEM 6.2

6. PO057 COMMUNITY ENGAGEMENT POLICY

PURPOSE

To seek endorsement and approval from Council for the updated PO057 Community Engagement Policy.

RECOMMENDATION

That Council endorse and adopt the updated PO057 Community Engagement Policy, as presented for inclusion in Council’s policy manual and on the website.


Goal: 5 Responsible Governance Strategies: 5.3 Meet all legislative requirements and compliance with Council’s internal controls 5.8 Continuous improvement of Council processes

BACKGROUND

Recently Council commissioned an independent governance policy audit with a focus on policies specifically required under the Local Government Act (the Act).

Thirteen (13) policies were assessed by legal firm Minter Ellison and a comprehensive report returned with recommendations provided to achieve legislative compliance.

Of the policies audited two (2) were considered fully compliant requiring no changes, four (4) were compliant with minor alterations recommended, three (3) were deemed non-compliant until suggested alterations were made and four (4) were deemed non-compliant with the recommendation to adopt the LGA model policy verbatim.

DISCUSSION

The PO057 Community Engagement Policy was categorised by Minter Ellison as non-compliant.

The Minter Ellison review determined non-compliance as the steps listed in Sec 50 of the Act should be set out within the body of the policy rather than listed as Appendix 1 as it was in Council’s previously adopted PO057 Community Engagement Policy. It should be noted that the information contained within Appendix 1 of the Council’s adopted policy far exceeded the LGA’s model policy template. When this policy was reviewed and updated in June 2015 it was Council’s intent to move beyond just the legislated consultation requirements as set out in the Act. As such, the policy focussed on setting out when and how the community should expect to be consulted in all Council matters.


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In addition, Section 50 of the Act has been amended since Council’s policy was last reviewed in June 2015 requiring minor amendments to the policy. As this is a Public Consultation policy, Section 50 (6) (d) of the Local Government Act 1999 states that “Council must publish in a newspaper circulating within the area of the council, a notice of the proposal inviting interested persons to make submissions on the proposal within a period (which must be at least one month) stated in the notice”. The normal requirement is for a consultation period of a minimum of 21 days. As shown in Attachment 2, the community was provided the opportunity to provide feedback on the draft policy in accordance with the legislative requirements. Nil feedback was received.


Level 2 Consult - The community was informed via a public notice in the Yorke Peninsula Country Times and a publication of a notice on Council’s website and Facebook page.



CEO

Governance Officer



Community via public notice, Council website and Facebook

POLICY IMPLICATIONS

PO057 Community Engagement Policy


Not applicable


Without appropriate policies, procedures and delegations in place, Council is placed at risk of non-compliance with legislation and guidelines. Local Government Act 1999

ATTACHMENTS

Attachment 1: PO057 Community Engagement Policy

Attachment 2: Community Engagement Plan


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PO057 – Community Engagement



COUNCIL POLICY

Community Engagement

Policy Number: PO057

Strategic Plan Objective

4. Community Engaged and Supported 4.12 Continuous improvement in communicating with and engaging the community

Policy Owner: Chief Executive Officer File Number: 9.63.1

Responsible Officer: Manager Business & Public Relations

Minute Reference: )

Date Adopted: Next Review Date: June 2019

1. POLICY OBJECTIVES

This policy aims to provide the community, stakeholders, council staff and Elected Members with an understanding of the role of community engagement in the decision making processes of the Yorke Peninsula Council (the Council). This policy also outlines the minimum standards of community engagement techniques used by the Council and the circumstances of when and how each technique will be used.

2. SCOPE

This policy applies to:

i. All employees of the Yorke Peninsula Council.

ii. Elected Members.

iii. Contractors or consultants acting on behalf of Council.

3. DEFINITIONS

Act The Local Government Act 1999 (SA)

Community The people who; live, work, conduct business activities or use the facilities in public places in the Yorke Peninsula region.

Council The Yorke Peninsula Council.

Policy Refers to this Community Engagement Policy.

Community of Interest A group of people brought together by a common interest.

Primary Stakeholder Is someone who may be directly affected by or have a direct interest in the decision or issue under consideration.

Secondary Stakeholder Someone who has a general interest in the decision or issue under consideration.

Submissions Written (including email) responses from the community in relation to a specific consultation which must be received by the Council within the specified timeframe.


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4. POLICY STATEMENT

The Council recognises that community engagement plays an important role in its decision making processes and members of the community have a right to be informed about issues affecting their lives. The intention of this policy is to provide a planned, consistent and cost effective approach to consultation (community engagement). Council will follow this policy, as a minimum standard, in all instances where consultation should occur with the community.

Community involvement is Council decision making should result in greater confidence in the Council and will foster open, transparent and accountable processes.

As recommended by the Local Government Association of South Australia, this policy has been informed by the International Association for Public Participation (IAP2) products for public participation processes.

This Community Engagement Policy specifies four levels designed to suit all consultation requirements, ranging from the most basic public notification, to seeking input on a major project or issue of communitywide significance. These are:-

Level 1 – we will keep you informed.

Level 2 – we will keep you informed, listen to and acknowledge concerns and issues and provide feedback in how public input influenced the decision.

Level 3 – we will work to ensure that your concerns, issues and aspirations are directly reflected in the alternatives developed and provide feedback on how the public influenced the decision.

Level 4 – we will look for direct advice and innovation in formulating issues, alternatives and solutions.

Under the Local Government Act 1999, there are specific legislative requirements whereby Council must consult. Council is required to undertake particular types or levels of consultation (as a minimum) in relation to the following:

Determining the manner, places and times of its principal office (section 45) Adopting or varying a public consultation policy (section 50) Altering the Code of Practice relating to the principles, policies and procedures

that Council will apply to enable public access to Council and Committee Meetings, their minutes and release of documents (section 92)

Adopting Strategic Management Plans (section 122) Excluding land from classification as community land (section 193) Revoking the classification as community land (section 194) Adopting, amending or revoking a management plan for community land

(section 197) Amending or revoking a management plan for community land (section 198) Alienating of community land where the management plan does not allow it

(section 202) Alienating roads (section 223) Planting vegetation where it will have a significant impact on residents, the

proprietors or nearby residents (section 232) Carrying out representation reviews (section 12(5)) Considering a change of status of Council or name change (section 13) Carrying out commercial activities – Prudential Arrangements (section 48) Making Bylaws (section 249) Making Orders (section 259)


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Refer to Appendix 1 for a Schedule of Minimum Requirements per the Local Government Act 1999 and the steps to be followed.

Where there is no legislative requirement for consultation, selection of the appropriate level will determine the resource requirements for the consultation.

It should be noted that a certain degree of flexibility is required to suit specific situations. Therefore the following sets out the minimum standards for each level which may apply for certain activities without being too prescriptive.

Level 1 INFORM

Level 2 CONSULT

Level 3 PARTICIPATE

Level 4 COLLABORATE

Means: Providing information to assist understanding of how decisions will be/ were made.

Means: Obtaining feedback on preferences when there are options available.

Means: Involving people to understand all needs, concerns and aspirations.

Means: Involving people and working together to seek direct advice in formulating solutions.

Examples of when we will use Inform:

A decision is made for legislative, financial, environmental or technical reasons.

There is no opportunity to influence the decision

Examples of when we will use Consult:

There are several options available.

Final decisions are being shaped.

Issues and concerns are unclear.

Examples of when we will use Participate:

We need community knowledge to influence the decision.

There is likely to be a high level of interest/ community impact.

There is a high degree of complexity.

Examples of when we will use Collaborate:

We will seek direct advice from those who possess specific knowledge or special interests.

We will explain:

How the decision was made.

What is going to happen.

Where further information can be found.

We will ask:

Which option is preferred?

What would the impact be?

Any suggestions for improvement?

We will ask:

What would the community like to see happen, or

What have we not considered or are not aware of, or

How should we proceed with this?

We will partner to:

Seek solutions or alternatives based on specific areas of expertise.

Gain acceptance of recommendations based on specific areas of expertise.

We will do this through:

Council’s website.

Public notices in the Country Times.

A letterbox drop.

Letter of advice to affected properties.

Letter / email to Progress Associations.


Media releases.

Letter or survey to primary &/or secondary properties.

Letter / email or survey to Progress Associations.

Copies of major reports or plans made available at Council offices.

Report to Council summarising submissions for formal Council decision.


Advertisements.

Media releases & / or briefing sessions.

Facilitated workshops or focus groups.

Community forums.

Individual Progress Association Newsletters/noticeboards.

Surveys.

Letter or survey to affected properties / community groups.

Council publications.

Copies of major reports or plans made available at

Council’s Advisory Committees.

Community partnership projects.


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5. COMPLAINTS

Complaints about this policy can be made in writing to the Chief Executive Officer. All complaints will be managed in accordance with Council’s Complaints Policy PO147.

6. REVIEW

This policy will be reviewed within twelve months of a general election, in consultation with employees and/or their nominated representative(s).

This policy will also be reviewed as deemed necessary in consideration of any changes to legislation, guidelines, audit findings or stakeholder feedback.

In accordance with s.50 (6) of the Local Government Act 1999, before the Council adopts this policy or any future significant alterations to this policy, the community will be informed via a public notice in the Yorke Peninsula Country Times and invited to make submissions.

7. TRAINING

Council is committed to supporting Elected Members and employees in complying with this policy.

This policy will be provided to Elected Members and all employees who have responsibilities under this Policy to engage with the community.

Training needs will be reviewed annually, during individual performance reviews or when deemed necessary in consideration of any changes to legislation and relevant guidelines.

8. RELATED COUNCIL POLICIES AND DOCUMENTS

Yorke Peninsula Council, Community Engagement Strategy 9. REFERENCES AND LEGISLATION

Section 50 of the Local Government Act 1999 Community Engagement Handbook; A Model Framework for leading practice in

Local Government in South Australia, a joint initiative of the Local Government Association of SA (LGA) and the SA Government, March 2015.

10. COUNCIL DELEGATION

Details of Delegation:


Delegate: Nil

Council offices.

Report to Council summarising submissions for formal Council decision.

Within the following timeframes:

No minimum period required.

Or

Compliance with statutory requirements

(if applicable)

Minimum three weeks.

Or

Compliance with statutory requirements

(if applicable)

Minimum six weeks.

Or

Compliance with statutory requirements (if applicable)

As required (e.g. per Terms of Reference regarding

meeting schedules).


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11. VERSION HISTORY

Archived Policy Name Policy Number Date Adopted Last Reviewed

Public Consultation Policy PO057 14/09/2010

Community Engagement Policy PO057 10/06/2015 14/12/2016


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PO057 – Community Engagement APPENDIX 1



The following information sets out the Yorke Peninsula Council’s minimum standards to meet the legislative requirements of the Act. Submissions must be received by Council within the timeframes outlined in the public notice (minimum of 21 days) and can be in the form of:-

Written submissions

Email submissions

Web form submissions and

Online form submissions.

LOCAL GOVERNMENT ACT 1999 (SA)

TOPIC SECTION LEGISLATIVE REQUIREMENT

Representation Reviews

Review and reporting to the Electoral

Commissioner.

12 Representation Options Paper

By public notice:

Inform the public of the preparation of the representation options paper; and

Invite interested persons to make written submissions to the council on the subject of the review within a period specified by the council (being a period of at least 6 weeks)

Publish a copy of the notice in a newspaper circulating within its area.

Ensure that copies of the representation options paper are available for inspection (without charge) and purchase (on payment of a fee fixed by the council) at the principal office of the council.

Report

Make copies of its report available for public inspection at the principal office of the council; and

By public notice:

inform the public of the preparation of the report and its availability; and

invite interested persons to make written submissions to the council on the report within a period specified by the council (being a period of at least 3 weeks); and

Publish a copy of the notice in a newspaper circulating within its area.

The council must give any person who makes written submissions in response to an invitation under subsection (9) an opportunity to appear personally or by representative before the council or a council committee and to be heard on those submissions.

Council must then finalise its report and refer to the Electoral Commissioner.

Status of a Council/ Change of Name

Change from a municipal council to a district council, or change from a district council to a municipal council

Alter the name of the council, the area of the council, or the name of a ward.

13(2) The council must give public notice of the proposal;

The notice must contain an invitation to interested persons to make written submissions to the council on the matter within a period specified by the council (being a period of at least 6 weeks);

Publish a copy of the notice in a newspaper circulating within its area;

The council must give any person who makes written submissions in response to an invitation under this section an opportunity to appear personally or by representative before the council or a council committee and to be heard on those submissions.

Principal Office – Opening hours

45 (3)

A council should consult with its local community in accordance with its public


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consultation policy about the manner, places and times at which its offices will be open to the public for the transaction of business, and about any significant changes to these arrangements.

Commercial Activities – Prudential Requirements

48 (2) (d)

48 (5), (6)

Report addressing prudential issues to include -

the level of consultation with the local community, including contact with persons who may be affected by the project and the representations that have been made by them, and the means by which the community can influence or contribute to the project or its outcomes

A report under subsection (1) must be available for public inspection at the principal office of the council once the council has made a decision on the relevant project (and may be available at an earlier time unless the council orders that the report be kept confidential until that time).

However, a council may take steps to prevent the disclosure of specific information in order to protect its commercial value or to avoid disclosing the financial affairs of a person (other than the council).

Public Consultation Policies

50 (1) For the purposes of this Act, a council must prepare and adopt a public consultation policy.

(2) A public consultation policy—

(a) must set out steps that the council will follow in cases where this Act requires that a council must follow its public consultation policy; and

(b) may set out steps that the council will follow in other cases involving council decision-making.

(3) The steps referred to in subsection (2)—

(a) in a case referred to in subsection (2)(a)—must provide interested persons with a reasonable opportunity to make submissions in the relevant circumstances; and

(b) may vary according to the classes of decisions that are within the scope of the policy.

(4) However, a public consultation policy for a case referred to in subsection (2)(a) must at least provide for—

(a) the publication of a notice— (i) in a newspaper circulating within the area of the council; and (ii) on a website determined by the chief executive officer,

describing the matter under consideration and inviting interested persons to make submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and (b) the consideration by the council of any submissions made in response to an invitation under paragraph (a).

(5) A council may from time to time alter its public consultation policy, or substitute a new policy.

(6) However, before a council—

(a) adopts a public consultation policy; or

(b) alters, or substitutes, a public consultation policy, the council must—

(c) prepare a document that sets out its proposal in relation to the matter; and

(d) publish in a newspaper circulating within the area of the council a notice of the proposal inviting interested persons to make submissions on the proposal within a period (which must be at least one month) stated in the notice; and

(e) consider any submissions made in response to an invitation under paragraph (d).

(7) A council is not required to comply with subsection (6) in relation to the alteration of a public consultation policy if the council determines that the alteration is of only minor significance that would attract little (or no) community interest.

(8) A person is entitled to inspect (without charge) a public consultation policy of a council at the principal office of the council during ordinary office hours.

(9) A person is entitled, on payment of a fee fixed by the council, to a copy of a public consultation policy.

Code of Practice – Access to meetings and documents

92 (5) (6) (7) (5) Before a council adopts, alters or substitutes a code of practice under this section it must—

make copies of the proposed code, alterations or substitute code (as the case may be) available for inspection or purchase at the council's principal office and available for inspection on a website determined by the chief executive officer; and


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follow the relevant steps set out in its public consultation policy.

(6) A person is entitled to inspect (without charge) the code of practice of a council at the principal office of the council during ordinary office hours.

(7) A person is entitled, on payment of a fee fixed by the council, to a copy of the code of practice.

Strategic Management Plans

122 (6) Council must adopt a process or processes to ensure that members of the public are given a reasonable opportunity to be involved in the development and review of its strategic management plans.

Annual Business Plan

123 (4) (5) (4) For the purposes of subsection (3)(b), a public consultation policy must at least provide for the following:

(a) the publication in a newspaper circulating within the area of the council and on a website determined by the chief executive officer of a notice informing the public of the preparation of the draft annual business plan and inviting interested persons —

(i) to attend—

(A) a public meeting in relation to the matter to be held on a date (which must be at least 21 days after the publication of the notice) stated in the notice); or

(B) a meeting of the council to be held on a date stated in the notice at which members of the public may ask questions, and make submissions, in relation to the matter for a period of at least 1 hour,

(on the basis that the council determines which kind of meeting is to be held under this subparagraph); or

(ii) to make written submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and

(b) the council to make arrangements for a meeting contemplated by paragraph (a)(i) and the consideration by the council of any submissions made at that meeting or in response to the invitation under paragraph (a)(ii).

(5) The council must ensure that copies of the draft annual business plan are available at the meeting under subsection (4)(a)(i), and for inspection (without charge) and purchase (on payment of a fee fixed by the council) at the principal office of the council at least 21 days before the date of that meeting.

Change to Basis of Rating Report

151(7) (8) (7) A public consultation policy for the purposes of subsection (5)(e) must at least provide for—

(a) the publication in a newspaper circulating within the area of the council a notice describing the proposed change, informing the public of the preparation of the report required under subsection (5)(d), and inviting interested persons—

(i) to attend a public meeting in relation to the matter to be held on a date (which must be at least 21 days after the publication of the notice) stated in the notice; or


(b) the council to organise the public meeting contemplated by paragraph (a)(i) and the consideration by the council of any submissions made at that meeting or in response to the invitation under paragraph (a)(ii).

(8) The council must ensure that copies of the report required under subsection (5)(d) are available at the meeting held under subsection (7)(a)(i), and for inspection (without charge) and purchase (on payment of a fee fixed by the council) at the principal office of the council at least 21 days before the end of the period for public consultation.

Rating – Differential Rates

156 (14a) (14d) (14e)

(14a) Before a council changes from declaring differential rates in relation to any land on the basis of a differentiating factor under either paragraph (a), (b) or (c) of subsection (1) to a differentiating factor under another of those paragraphs, the council must –

(a) prepare a report on the proposed change; and (b) follow the relevant steps set out in its public consultation policy .

(14d) A public consultation policy for the purposes of subsection (14a) must at least provide for—

(a) the publication in a newspaper circulating within the area of the council a notice describing the proposed change, informing the public of the preparation of the report required under subsection (14a)(a), and inviting interested persons—

(i) to attend a public meeting in relation to the matter to be held on a date


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(which must be at least 21 days after the publication of the notice) stated in the notice; or


(b) the council to organise the public meeting contemplated by paragraph (a)(i) and the consideration by the council of any submissions made at that meeting or in response to the invitation under paragraph (a)(ii).

(14e) The council must ensure that copies of the report required under subsection (14a)(a) are available at the meeting held under subsection (14d)(a)(i), and for inspection (without charge) and purchase (on payment of a fee fixed by the council) at the principal office of the council at least 21 days before the end of the period for public consultation.

Community Land Classification:

All local government land (except a road) acquired by or brought under the care, control and management of Council is taken to have been classified as community land unless Council resolves before it becomes local government land to exclude it from classification.

193(2) (6) (2) Before the council resolves to exclude land from classification as community land under subsection (1)(a), it must follow the relevant steps set out in its public consultation policy.

(6) A council must give notice in the Gazette of a resolution—

(a) to exclude land from classification as community land under subsection (4);

or

(b) to classify, as community land, land that had previously been excluded from classification as such under subsection (5).

Revocation of classification of land as community land.

194 (2) Before a council revokes the classification of land as community land—

(a) the council must prepare a report and make publicly available a report on the proposal containing—

(i) a summary of the reasons for the proposal; and

(ii) a statement of any dedication, reservation or trust to which the land is subject; and

(iii) a statement of whether revocation of the classification is proposed with a view to sale or disposal of the land and, if so, details of any Government assistance given to acquire the land and a statement of how the council proposes to use the proceeds; and

(iv) an assessment of how implementation of the proposal would affect the area and the local community; and

(v) if the council is not the owner of the land—a statement of any requirements made by the owner of the land as a condition of approving the proposed revocation of the classification; and

(b) the council must follow the relevant steps set out in its public consultation policy.

Management Plans – Public Consultation

197 (1) (2) (3)

(1) Before a council adopts a management plan for community land it must—

(a) make copies of the proposed plan available for inspection or purchase at the council's principal office; and

(b) follow the relevant steps set out in its public consultation policy.

(2) A council may adopt a management plan without complying with the requirements of subsection (1) if the council adopted the plan after a process of public notification and consultation before the commencement of this Act.

(3) A council must give public notice of its adoption of a management plan.

Amendment or revocation of management plans

NB: A Council cannot dispose of community land until revocation of its classification as

198 (2) (3) (4)

(2) A council may only adopt a proposal for amendment to, or revocation of, a management plan after the council has carried out the public consultation that would be required if the proposal were for a new management plan.

(3) However, public consultation is not required if the amendment has no impact or no significant impact on the interests of the community.

(4) A council must give public notice of its adoption of a proposal for the amendment or revocation of a management plan.


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community land.

Alienation by lease or licence

NB: Specific provisions relate to the Adelaide Park Lands – under the Parklands Act 2005.

202 (2) (3) (2) Before the council grants a lease or licence relating to community land, it must follow the relevant steps set out in its public consultation policy.

(3) However, a council need not comply with the requirements of subsection (2) if -

(a) the grant of the lease or licence is authorised in an approved management plan for the land, and the term of the proposed lease or licence is five years or less; or

(b) the regulations provide, in the circumstances of the case, for an exemption from compliance with a public consultation policy.

Authorisations /Permits

Where road would be fenced, enclosed or portioned so as to impede passage of traffic to a material degree

Use or activity for which public consultation required under regulations

223 (1) (2) (1) If a council proposes to grant an authorisation or permit—

(a) that would result in any part of a road being fenced, enclosed or partitioned so as to impede the passage of traffic to a material degree; or

(c) in relation to a use or activity for which public consultation is required under the regulations,

the council must, before granting the authorisation or permit, follow the relevant steps set out in its public consultation policy.

(2) The council must also give written notice of the proposal to agencies that are, under the regulations, to be notified of the proposal.

Roads – Trees 232 Before a council plants vegetation, or authorises or permits the planting of vegetation, on a road that may have a significant impact on residents, the proprietors of nearby businesses or advertisers in the area, follow the relevant steps set out in its public consultation policy.

Passing by-laws

NB: No specific reference to Council’s Public Consultation Policy, but minimum standards apply.

249 (1) (2) (1) If it is proposed that a council make a bylaw, the council must, at least 21 days before resolving to make the by-law—

(a) make copies of the proposed by-law (and any code, standard or other document proposed to be applied or incorporated by the by-law) available for public inspection, without charge and during ordinary office hours, at the principal office of the council, and so far as is reasonably practicable on the Internet; and

(b) by notice in a newspaper circulating in the area of the council—

(i) inform the public of the availability of the proposed by-law; and

(ii) set out the terms of the by-law, or describe in general terms the by-law's nature and effect.

(2) A council must give reasonable consideration to a written or other acceptable submission made to the council on a proposed by-law.

Power to Make Orders

Councils must take reasonable steps to prepare and adopt policies relating to the power to make orders.

259 (2) A council must—

(a) prepare a draft of a policy; and

(b) by notice in a newspaper circulating in the area of the council, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase (on payment of a fee fixed by the council) and invite interested persons to make written representations on the draft within a period specified by the council (being a period of at least 4 weeks).

The requirement of s.259(2) also apply to Council adopting an amendment to a policy, unless the council determines that the amendment is of only minor significance.


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SF215


Issue Date: 10th June 2015Next Review Date: June 2019

StakeholdersLevel 2


All residents Public Notice 15/12/2016 25/01/2017 C # submissions received - 0 receivedWebsite 15/12/2016 25/01/2017 C # website hits - 7Social Media 15/12/2016 25/01/2017 C # post views - 789 views, nil comments

PROJECT NAME: PO057 Community Engagement Policy Review




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DA/ITEM 6.3

1. TELSTRA AND SA WATER INFRASTRUCTURE – CLINTON ROAD

PURPOSE

For Council to consider granting an exception, pursuant to the Purchasing and Procurement Policy (PO058), to undertake relevant tender and/or quotation processes for goods and services associated with the realignment of Telstra and SA Water infrastructure for the Clinton Road project.

RECOMMENDATION

That Council waive the need to undertake relevant tender and/or quotation processes for Telstra and SA Water infrastructure realignment works for the Clinton Road project.



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

BACKGROUND

Telstra and SA Water will be the sole providers of quotes for the realignment of their infrastructure associated with the Clinton Road project; therefore, an exception to secure additional quotes, or apply the tender process for works and services, pursuant to Council’s Purchasing and Procurement Policy, is requested in this instance.

DISCUSSION

Section 4.2 – Purchasing Methods and Limits of Council’s Purchasing and Procurement Policy (PO058) details the Purchase Method, Specific Requirements, Value and Authority to Approve Exceptions as follows:

Purchase Method

Specific Requirements

Value Authority to Approve Exceptions

Direct purchase Purchase from a single supplier.

Up to $5,000 N/A

Quotations A minimum of two written quotes must be obtained.

$5,001 to $20,000 Director

Quotations A minimum of three written quotes must be obtained.

$20,0001 to $50,000 Chief Executive Officer

Selective Tendering

A minimum of three independent suppliers are invited to Tender. Approved suppliers should be given equal

$50,001 to $100,000 Chief Executive Officer


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opportunity to submit a tender.

Open Tendering

An open invitation is issued inviting suppliers to submit a tender.

Greater than $100,001

Council resolution required

In accordance with the design standards for the Clinton Road upgrade, amendments to road intersection layouts have been identified. These intersection realignments impact on existing Telstra and SA Water infrastructure, which will in turn require relocation.

Telstra and SA Water infrastructure are to be realigned at the following locations:

intersection of Clinton Road and Graham Road; intersection of Clinton Road and Correll Road at the Winulta Creek; and intersection of Clinton Road and Pioneer Road.

Onsite meetings between Assets and Infrastructure Services staff and representatives from Telstra and SA Water have been held to discuss the most appropriate design model for utility realignment. Both agencies acknowledged the redesign requirements and priority status of the works. Draft designs have been accepted, with the final design secured from Telstra, and the final design from SA Water pending.

To this end Council have received estimates for the Telstra work, which is in excess of $130,500, for which Council will need to pay all costs. Estimates from SA Water are in excess of $125,000, with Council’s contribution being 50% of the costs; therefore, approximately $62,500. Both estimates are exclusive of GST.

I have been advised by SA Water that a final design will be provided by mid-February 2017, with works to possibly commence in late-February 2017.

Therefore, while acknowledging the nature of these quotes being solely from the owners of the infrastructure, Telstra and SA Water, endorsement from Council to waive the need for additional quotes, or apply the tender process, is requested.

I can advise Council that these costs have been budgeted within the overall project cost for the Clinton Road.


As the report is for internal use community engagement on this matter is not required.




Works Manager


Nil

POLICY IMPLICATIONS

PO058 – Procurement and Purchasing Policy


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There will be no impact on the 2016/17 budget.

The estimated costs for the required realignment works entered at budget (project) formulation is:

Telstra - $130,000 SA Water - $80,000


None identified if this approach is implemented.

ATTACHMENTS

Nil


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DA/ITEM 6.3

2. REQUEST FOR SPEED LIMIT REDUCTION – CLINTON ROAD

PURPOSE

For Council to consider the speed limit status on the Clinton Road.

RECOMMENDATION

That Council not support a reduction to the 100km/h speed limit currently applied to the Clinton Road.


Goal: 2 Community Connected through Infrastructure

Strategy: 2.6 Install and upgrade appropriate traffic control device management

BACKGROUND

Staff have been contacted by a property owner on the Clinton Road requesting a reduction to the speed limit past their property.

DISCUSSION

On Friday 27th January 2017, I discussed a request for a reduction to the speed limit on a recently reconstructed section of the Clinton Road with a property owner.

During these discussions with the property owner I endeavoured to relay the process for such speed reduction requests, and suggested that they may like to make a formal request for Council consideration, with supporting reasons. I advised that such requests are presented to Council and, if supported by Council, albeit in principle, the matter is then referred to the Department of Planning, Transport and Infrastructure, as the authority for assessing speed limits throughout the state, to assess and report on recommendations accordingly.

While acknowledging due process for such requests I did relay that given the purpose of the Clinton Road, and the rural location of this request, favourable consideration might be challenging to say the least.

At this point in the discussion I was reminded by the property owner of speed limit reductions previously applied by Council in built-up areas, as the property owner is of the view that his dwelling and other dwellings in close proximity to the Clinton Road constitute them being within a built-up area. My understanding of what constituted a built-up area was not well received by the property owner.

Access to the property in question is from the Clinton Road, with the dwelling set back approximately 50m from the road. The access to the property is approximately 150m east of an intersection.

There is another dwelling to the south of this property, which has access onto a connector road, which links onto the Clinton Road.


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A further dwelling is located approximately 350m west of the intersection, which is accessed from the Clinton Road, and is set back approximately 20m from the road.

Sight distances for access from the Clinton Road to both properties appears to be adequate.

The property owner became quite persistent about the need for a speed limit reduction past their property, sighting speeding vehicles, near misses and safety to children as major contributors to their case. They further referred to the lack of police presence in the area.

To this end Council has not received any formal request for a reduction to the 100km/h speed limit; however, given previous dealings with this property owner I am confident it will be forthcoming.

I can report that during consultative meetings with the landowners affected by the land acquisition process associated with the Clinton Road reconstruction the issue of speed limits were raised, in particular at the Winulta Creek intersection due to farm machinery negotiating the area. However, upon discussing the functionality of the Clinton Road, and the state speed limit applied, discussions were acknowledged as driver behaviour rather than speed limit reform.

Therefore, Council should be mindful of the purpose and function of this road, and the impacts a reduction to the speed limit in this particular section may have not only on road functionality, but also on the travelling public.


Landowners affected by the land acquisition process associated with the Clinton Road reconstruction have been consulted with regarding the Clinton Road design.




Operations Manager

Works Manager


Nil

POLICY IMPLICATIONS

Nil


Nil


None identified.

ATTACHMENTS

Nil


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DA/ITEM 6.4

1. REVOCATION OF COMMUNITY LAND BLACK POINT – ALLOTMENT 201

PURPOSE

To consider submissions received in relation to the community engagement process for the revocation of Community Land classification, for the purpose of selling property at Black Point.

RECOMMENDATION

The Council:

1. receives written submissions received in relation to the proposed revocation of the classification as community land Allotment 201, Certificate of Title 5294 Folio 896 provided to the Council under separate cover to the report of the Director Development Services in relation to Item 6.4 (the submissions);

2. having considered the submissions defers the further consideration of this matter to the May 2017 Ordinary Council Meeting.


Goal: 1 Economically Prosperous Peninsula Strategy: 1.2 Deliver strategic and responsible land use planning



BACKGROUND

The Local Government Act 1999, establishes a framework for the classification of most land owned by a Council or under a Councils care, control and management (local government land) as ‘community land’.

The framework aims to ensure a consistent, strategic and flexible approach to the administration and management of local government land. Its objectives are to protect community interests in land for current and future generations.

It is important to note that the Council is the instigator of this proposal to revoke the classification of community land, and as such, it is ultimately the Council that is responsible and accountable to its community for the decisions it makes.

The Act seeks to ensure that members of the community are involved in the revocation process, and to provide them with an opportunity to make submissions which Council must consider.

The Act sets out the process the Council must follow to revoke the community land classification of land. The process for revoking community land classification exists to give scope to the Council to determine (in consultation with its community) whether the community’s long-term interest in a parcel of land does or does not need to be protected.


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The Council must, before revoking the community land classification of land as community land make publicly available a report containing the matters prescribed in Section 194(2)(a) of the Act.

At the Council meeting of 14th September 2016, the Council considered reports of the Director of Development Services in relation to the proposed revocation of the classification as community land Allotments 201, 202, 203 and 204 Plan Number 41613, (the Land). At that meeting the Council resolved to commence the community engagement process for the revocation of the community land classification for the Land. As required by the Act, a report was prepared and made publicly available in accordance with, and containing the matters prescribed in, Section 194(2)(a) of the Act and community consultation was undertaken in accordance with the Council’s Community Engagement Policy as required by the Act.

In accordance with Councils Community Engagement Policy a Level 2 Community Engagement process was undertaken. The community engagement commenced on 21st September and concluded on 25th November 2016, providing the opportunity for community members to make a submission to Council.

The Level 2 community engagement notification included;

• personalised letter sent to Black Point property owners – Attachment 5

• a Public Notice was advertised in the Yorke Peninsula Country Times on 20th September and 18th October 2016 – Attachment 6

• Public Notification on Council’s website and the Community Engagement Report -Attachment 7

• copy of signage erected on Allotments 201, 202, 203, and 204 notifying of the community engagement for the proposed revocation of community land – Attachment 8 (Copy of signage in situ – Attachment 8)

• notification on Council’s Facebook page

DISCUSSION

The Act (s50(4)(b)) requires that the Council’s public consultation policy must provide for the consideration by Council of any submissions made. Once the public notification period has ended, there must be compliance with this aspect of the policy. The Act (s194(3)(a)) also requires that the Council submit to the Minister a report on all submissions made as part of the consultation process.

As a result of Council resolving to commence with the community engagement process at the 14th September 2016 Council meeting, a Level 2 consultation process was undertaken in accordance with the Community Engagement Plan as per Attachment 4.

In accordance with the Community Engagement process, community members were provided with a 9 week period to make a submission to Council, with the opportunity to make a verbal submission to the February 2017 Council meeting.

At the end of the consultation process, Council had received 26 written submissions. Of those written submissions received, 4 people have indicated (at the time of writing this report) that they would like to make a verbal presentation to Council.

A petition with 104 signatures was also received and presented to the 14th December 2016 Council meeting.

A copy of the Submissions Summary identifying the public’s issues is contained within Attachment 1.


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A Location Map of Submissions Received is in Attachment 2.

A copy of the Comments to the Key Issues is contained in Attachment 3.

A full copy of the written submissions has been received and provided under separate cover.

After considering the public submissions, Council may resolve to seek Ministerial approval for the proposal. Only then can an application be made to the Minister. Council cannot delegate the power to make an application to the Minister, this must be a resolution of Council.

If the Minister approves the proposal, the Council may then (but is not required to) make a resolution revoking the classification of the Land as community land.

Officers are recommending that Council defer the matter to the May 2017 Council meeting in order to further assess the written and verbal submissions and seek clarification where necessary by way of further engagement with the community.


Community Engagement Plan Level 2 – Consult. Now completed.



• Corporate Management Team

• Property Tenure Officer


• Maloney Field Services

• MoselSteed

POLICY IMPLICATIONS

PO072 Disposal of Land and Other Assets



No budget implications during the revocation process excepting signage and postage costs which were absorbed in existing budgets. Should the revocation proceed and land is listed for sale, the following costs are anticipated (at the time of writing this report).

• Approximately $4,000 – Conveyancer fees including LMA for each allotment.

• Approximately $10,600 – Development Application fees including Development Assessment Commission Application, consulting, drafting, surveying & administration include monitoring of development application and work following the approval.


Local Government Act 1999 Section 194 (2)(a) and Section 201 (2)(iii).

ATTACHMENTS

Attachment 1: Summary of Submissions Received.


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Attachment 2: Location Map of Submissions Received.

Attachment 3: Comments to Key Issues.

Attachment 4: Completed Community Engagement Plan.

Attachment 5: Letter to Black Point Property Owners.

Attachment 6: Public Notice - Appearing in Yorke Peninsula Country Times.

Attachment 7: Community Engagement Report.

Attachment 8: Copy of Signage - Copy of Signage in Situ


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Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against

1 Kim Lodge A150 A201

Is in agreement with Dr Gray's submission. Disappointed and against the revocation proposal.Will seek compensation if revocation proceeds. Against

2 Dr John Gray A22 A201

There are negative impacts on selling all the properties. Outlines a detailed solution/way to move forward which includes - retaining A201 & A202 as reserve, 1 site on A203 & A204 as reserves, transfer owership of one site on A201 to BPPA for future community facility: and create fund from 25% of land sales for BP projects.Sees the revocation as a short sighted cash grab by Council.Request to appear before Council. Against

3 Kym Woolford A46 A201/202

Provides background history of reserves with past plans of BP & notice from BP Shackowners Assoc. dated 15/2/1996.The reserves are a community asset vested to Council. Strongly asks Council to remove the revocation application for all allotments.Is willing to appear before Council. Against

4 Vin & Deb Callery A1072 A202

A1072 is behind A202.Are not in favour of the revocation. Council has an obligation to provide adequate and safe beach accesses and if revocation went ahead this would be compromised.Revocation not in the best interest of the community. Against

5 Andrew Derrington A372 A202

A372 is in front of A202. Was never offered freehold of the adjoining allotment due to it being left as a reserve.Due to size of the block it should not be included in the proposal. Strengh of the community will depend in part on limiting further development.Concerned that the sale of A202 will significantly affect the enjoyment of the amenity and potentially interfere with the enjoyment of his shack. Against

6 Robert and Janet Potter A404 A202

A404 is behind A202.Assured A202 could not be further developed nor would beach access be restricted which reflects in the increased land value.Does not support the revocation as the proposal will potentially restrict their sea views and beach access. There may be compensation claims directed at Council if revocation is approved.Strongly oppose. Against

7 Graham Derrington A407 A202

A407 is behind A202.Of the understanding that A202 was designated as beach access and public carpark. Feels there is already inadequate car parking and notes there is currently signage infront of shacks stating that vehicles cannot park on private property, indicating a lack of parking space. Against

Black Point Revocation of Community Land - Submissions Summary Attachment 1


118

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


8

Andreyev Lawyers on behalf of Geoffrey Stock A408 A202

A408 is behind A202.Council has misled client and the Black Point community about the status and continued land use. Believed that they would always have acces to the beach and unobstructed views. It was this expectation, reinforced by the Councils representations that enabled the developer to successfully concude the development and the sale of the allotments. Requests to appear before Council. Against

9 Paul Ware A409 A202

A409 is located behind A202. Of the belief that A202 would become a carpark with clear access to the beach. Current beach access is very small and not practical. Strongly objects to the sale of the block because they want a decent beach access. Requests to appear before Council. Against

10 Rodney and Kay Fox A390 A203

A390 is in front of A203.Are pleased with the revocation proposal. 2/12/2016 - Kay contacted the office to say that she is only in favour of the revocation if she is given the first right to purchase one of the allotments. Maybe

11 Arch Thorne A391 A203

A391 is in front of A203.Applaudes the idea of the revocation. Money raised would benefit rate payers and make the boat ramp safer.There would be no additional strain on amenities as they are currenlty using them.Would like to buy one of the allotments and believes current lease holders should be given the first right to purchase the allotments. In favour of the revocation. For

12 Ian Bonnin A392 A203

A392 is in front of A203.Insufficient information to make decision if they support or oppose revocation.Would certainly oppose the revocation if it meant any risk to the security of their current tenure and access to life tenure.However, if subdivided may be interested in purchasing land depending on a number of factors.Addresses issues raised by BPPA, which author does not agree with. Not sure

13 John Morgan A502 A203

A502 is behind A203,Totally against revocation proposal. Purchased his land in 1999 with the belief that these allotments were reserves and would stay that way. Land value will drop without walkway access to the beach.A very nasty precedent will be created by the proposal which will spoil the amenity of Black Point.Goes against many land priciples detailed in Council's development guidelines. Against


119

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


14 Karren and Warren Corbett A503 A203

A503 is behind A203.Council has never maintained the properties therefore they look to the public, as being private properties.Suggests that Council collaborate with BP Progress to rehabilitate the reserve for environmental, recreational and leisure pursuits.Paid a premium for A503 with knowledge that A203 was to be created into a reserve therefore A503 would be severly devalued if the revocation went ahead. Is a desperate measure to raise revenue therefore the revocation is not justified. Requests to appear before Council. Against

15 Rob and Greta Lake A91 A203

A91 is behind A203.Believe they paid a premium for their land with knowledge that A203 would be created into a reserve in the future.Lack of development & access of reserve is reason for underutilisation. An open reserve would provide parking for visitors and easier access to the beach.Creation of open space creates a community meeting place for existing property owners to congregate & children to play.The revocation is a quick 'cash grab' without consideration by Council as to how it will affect the existing BP community. Strongly objects & will consider legal position if revocation is approved. Against

16 George Kourlis A505 A203

A505 is behind A203.Is against the revocation and has concerns about losing beach accesses and community space. It is common sense to preserve the allotments as was agreed on when development occurred.A201 - sell one block only.A202 - leave as is.A203 & A204 - sell one block only from each allotment Remaining lots could be cleared for open car parking. In the process of building at Black Point and not confident anymore due to the mistrust of Council.Requests to appear before Council. Against

17 David Hindmarsh A121 A204

A121 is behind A204.Totally disagrees with revocation. Revocation will put further stress on water & sewerage services and amenties. Paid a premium price for the property as it is situated behind a reserve & has sea vistas so sale of reserve will reduce the value of A121.Will be seeking compensation from Council if revocation goes ahead.If he knew the revocation was going to happen then he would have purchased a property in Wallaroo instead. Against

18 Wayne Stringer A419 A204

A419 is in front of A204.Submission states A119 however property is A419.Expresses interest in purchasing A204. For

19 Diane McGrath A420 A204

A420 is in front of A204. Is upset that a two storey dwelling could potentially be built behind her shack.Request to purchase land behind her shack approx. 4 years ago was refused.Raises privacy concerns of buildings behind her shack and that beach access could be compromised. Against


120

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


20 The Fire Service Fund A604 A204

A604 is behind A204.The Funds house is single storey and substantial drop in value of their property would be certain if A204 was sold & up to 3, two storey homes were built, blocking their view across A204. The Fund urges Council not to revocate the land.Property is used for the exclusive use for the Rest & Rehabilitaion of SA MFS employees & familiies. Against

21 Cosimo Cardone A606 A204

A606 is behind A204.The revocation may consequently obstruct views & devalue his property. When A606 was purchased he was told that nothing would be built in front of A606, on Crown land.Strongly opposes the revocation at Black Point. Against

22

PD & BJ Sanders, JK White, BJ Dare, MWD Sanders A122 A204

A122 is next to A204.Against the revocation.Understanding was that several parcels of land would remain community land to ensure permanent public access to the beach.If the revocation was to go ahead they believe the sale of the freehold allotments should be offered to the current shack owners who have the lease on the beach side of the allotments at a similar price to what they would have paid 20 years ago. Against

23

S T Greenslade & V F Hodges A124 A204

Adjacent to A204.Against the revocation. Revocation propposal is a contradiction to how the freeholding plans were proposed & presented to shack owners at the time. Against

24 Graham Dickson A607 A204

Writing on behalf property owners who have signed a petition.Believes the reserve classification designated, should remain.Ratepayers behind the reserves, feel a revocation is a betrayal of the conditions that they purchased their land under.The petitioners reserve the right to appear before Council. Against

25

Black Point Progress Association All

Overwhelming response from BP survey, for oppostion to the revocation.Provides history of the four reserves.Unable to support the revocation proposal.Feels that Council has breached the trust of the BP community, would be diminishing public space & there is insufficient infrastructure for development.Council is opportunistic with no regard for community interest.Will pursue legal counsel if Council chooses to ignore the issue and concerns raised.Further letter received requesting to appear before Council. Against


121

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


26 Burke Urban All

Provides a precise account on the background & process of the creation of the reserves. Councils strong desire to open the beach to the public. This enabled car parking areas and public access, sufficient space and orderly breaks in the free-holding lots so that the long linear nature of the shack environment would be broken, with the objective of making the area more public friendly.Creation of the reserves resulted in the inability to offer freeholding opportunities for some future purchasers.Provides comment on Council's reasons for the proposed revocation in particular on the statement on interest expressed by adjoining properties, the current use of the reserves by shack owners & the reserves having little or no impact on future recreational opportunities.Requests to appear before Council. Against

27 Petition104 signatures tabled at the 14th December 2016 Council Meeting


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Allotment 201 LOCATION MAP OF SUBMISSIONS RECEIVED Attachment 2


123

Allotment 202


124

Allotment 203


125

Allotment 204


126

Comments – Key Issues Attachment 3

Breach of trust

“Misleading representations by Council to client and community at the time”

“Council previously demanded the reserves with strong desire to open the beach to the public”

“Contradiction to how freeholding plans were proposed / presented to shack owners”

“Double dipping of funds from sale of old road reserve”

“Proposal goes against many of Council's land principles detailed in development guidelines”

“Council is required in accordance with Clause 6(a) of LGA 1999 – to act as a representative etc”

“Reserves were to be used as public access ways and recreational purposes. Not to be developed or built on”

Council comment: The former Central Yorke Peninsula Council requested reserves be established in the land division process however Councils records have not identified any requests to develop the reserves further for community activities.

Current tenure for shacks

“Concerns of risk to security of the current tenure and access to life tenure”

“Council regulations in regard to building on freehold land where shack is still under lease”

Council comment: There will be no changes to the current tenure arrangements with the Crown. Land Management Agreements would be registered on Certificates of Titles of any new freehold allotments created, preventing any development from occurring until the Crown lease shack sites in front of the allotments is removed.

‘Rights of way’ would be registered on Certificate of Title of any new freehold allotments to provide legal access to existing Crown Lease shack sites.

Walkways would also be established in each reserve that’s subject of the revocation process for public access to the beach.

Car parking

“Off street parking for visitors”

“Value that community places, on ensuring the allotments remain communal land”

“Currently limited public space and access to beach”

Council comment: Council records have not identified any requests to improve or make available more car parking at the reserves, moreover it is noted by Council staff that the existing carparks are underutilised.

Access

“Will devalue property financially and recreationally by blocking sea views and restricting beach access for future use”


127

“Restricting public access to 3km of beach”

“Has Council considered future outcomes of public access and retreating from the public beach, with more residents at Black Point?”

Council comment: Provision of walkways for beach access would be included in any proposed land division of the reserves.

Dwelling Clusters south of reserves

“Paid premium price due to reserve being in front of allotments, sea views & beach access”

“Devaluation of property”

“Loss of view and amenity if 2 storey building is erected”

Council comment: No evidence available to determine categorically that views and/or property valuations would be affected.

Reserves

“Lack of development on reserves is reason for underutilisation”

“Council has failed to invest in infrastructure to encourage local & wider community to enjoy Black Point”

“Lack of open green space and diminution of public space and community facilities”

Council comment: Council records have not identified any requests to develop further the reserves for community activities.

Infrastructure

“Inadequate infrastructure”

“Further stress on water & sewerage services & amenities”

Council comment: There is capacity in the current water and wastewater systems to cater for any new allotments as proposed within the report.


128

SF215



StakeholdersLevel 2


Affected residents Personalised LetterDirector Develoment

Services 5/09/2016 5/09/2016 C

Entire community Public NoticeDirector Develoment

Services 21/09/2016 25/11/2016 C

Entire community WebsiteDirector Develoment

Services 21/09/2016 25/11/2016 C

Entire community Social MediaDirector Develoment

Services 21/09/2016 25/11/2016 C

Entire community SignageDirector Develoment

Services 21/09/2016 25/11/2016 C

Entire communityAbility to appear before Council

Director Develoment Services 8/02/2017 8/02/2017 C

PROJECT NAME: REVOCATION OF COMMUNITY LAND – ALLOTMENT 201 BLACK

POINT

COMMUNITY ENGAGEMENT PLAN - Attachment 4

Report back to Council on the outcome of the Community Engagement process.

Elected Members to make decision based on any submissions received from the Community Engagement process.


129

Attachment 5


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Attachment 6


COMMUNITY ENGAGEMENT PROPOSED REVOCATION OF COMMUNITY LAND CLASSIFICATION

Notice is hereby given pursuant to Section 194(2)(b) of the Local Government Act 1999 that Yorke Peninsula Council proposes to revoke the classification of Community Land for the

following properties:

The whole of Allotment 201 Black Point Drive, Black Point, in Deposit Plan 41613 comprised in Certificate of Title Volume 5294 Folio 896

The whole of Allotment 202 Black Point Drive, Black Point in Deposit Plan 41613 comprised in Certificate of Title Volume 5294 Folio 897



The proposed revocation is to enable Council to consider subdividing the subject properties

with the intent to sell each allotment. A detailed report in relation to the proposed revocation and future intentions of the land is

available for viewing at Yorke Peninsula Council offices at Maitland, Minlaton, Yorketown and Warooka and on Council’s website, www.yorke.sa.gov.au

Enquiries on this matter can be directed to Roger Brooks, Director Development Services

Phone: (08) 8832 0000

Written submissions are to be addressed to: Revocation Black Point

Attention: Director Development Services

Submissions close at 5.00pm Friday, 25th November 2016 and can be forwarded by; Post: Yorke Peninsula Council, PO Box 57 Maitland SA 5573 Facsimile: (08) 8853 2494 Email: [email protected] Personal Delivery: Council offices as listed above.

All submissions received will be provided to Council for consideration. Please indicate in the submission if you wish to appear before Council on this matter.

Andrew Cameron



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mailto:[email protected]

Attachment 7

COMMUNITY ENGAGEMENT REPORT

REVOCATION OF COMMUNITY LAND CLASSIFICATION

BLACK POINT RESERVES

SEPTEMBER 2016


132


Purpose of report

To provide information in regard to the proposed revocation of the Community Land classification for Allotments 201, 202, 203 & 204, Black Point Drive, Black Point for the purpose of subdividing and then selling each of the properties.

Background

Back in the mid-1980s, Council was approached by developer Prodec Pty Ltd, with a proposal to offer freehold titles to the existing shack owners at Black Point. Subsequently, the road reserve at the rear of the beachfront shacks was sold to the developer.

The developer then created a new road south of the existing road reserve and subdivided the existing road. The new allotments were offered as freehold land to the then shack owners directly in front.

Council at the time were mindful that when the freeholding process was completed and the shacks relocated onto the freehold land, public access to the beach would be restricted. Council negotiated to obtain several reserve areas within the old road reserve so that public access to the beach could be secured for the future and the balance of the land could be utilised for recreational purposes. This resulted in four reserves being created along Black Point Drive being Allotments 201, 202, 203 and 204.

The four properties are registered in the ownership of Yorke Peninsula Council and not subject to any dedication, additional reservation or trust other than being vested to Council as a reserve. Council are not aware of any Government assistance to initially acquire the land.

Reason for proposal

There has been significant interest expressed by adjoining property owners, and other interested parties, in the possibility of purchasing the properties.

Since the creation of the reserve, the primary use of the reserves is by the adjacent shack owners for access and storage of vehicles and boats.

The open space reserves have minimal value from a recreational or leisure perspective and have little or no impact on future recreational opportunities for the local or wider community. The land is not being utilised in this manner due to the location of the reserves being at the rear of the existing leasehold shacks and the adjoining properties being residential.

As there is no strategic or operational need to retain ownership of the subject lands, they have been identified as being surplus to Council’s needs.

Disposal, with the view to sell the properties, is considered to be appropriate in this instance.

To enable Council to sell the subject lands and in accordance with the Local Government Act 1999, it is necessary for Council to revoke the Community Land classification on each of the allotments.

As a matter of consistency with existing freehold allotments at Black Point, a Land Management Agreement (LMA) may need to be registered on the Certificate of Title for new allotments, to advise future owners of any development restrictions on the land, until any existing buildings are removed from the adjoining Crown land.

A commercial valuation of the properties will be sought should the revocation process proceed and land division occur.


133

Proceeds of proposed sale

It is proposed that the proceeds of the sale of the reserve will contribute to the following projects -

$150k - Black Point Boat Ramp ($300k Project with SABFAC committing $150k).

Installation of fixed walkways on both sides which may minimise any future safety concerns and assist with launching and retrieval activities.

$150k - Community projects on application from Black Point Progress / Black Point community.

Road renewals –

The balance of all other proceeds to be injected into Council’s unsealed road network, above and beyond those currently identified and projected in Council’s Long Term Financial Plan.

Property details

Allotment 201 Black Point Drive, Black Point

Certificate of Title: Volume 5294 Folio 896.

Listed on Council’s Community Land register as Category 2 Recreation and Sport.

Located within Council’s Settlement Zone.

Vested in Council as a public reserve and comprises a site area of 1980m² with a width of 36.94m and average depth of 53.68m.

Governed by planning controls of the Policy Area 3 Black Point which permits a land division for detached dwelling sites of 450m² minimum, where Community Wastewater Management Scheme (CWMS) service is available.

Shacks and sheds exist in the respective privately owned properties, to the east and west of the allotment.

At the Black Point Drive frontage a power transformer is located on the easement in the western corner of the site, one CWMS connection exists and there is one private water supply connection to the Council owned/run water supply scheme.

Electricity, water and telecom underground lines run along the front of the allotment.

The property has an existing 6m (approx.) wide vehicular & walking access track, from Black Point Drive to the beach located near the centre of the site which appears to serve shack Allotment 319 (annual Crown licence until 30/6/2037) located at the north-east corner.

A survey has been undertaken to establish the position of existing services that run through Allotment 201. The cable locator used for the survey on site, has located all services as far as is practically possible.

The water line appears to end approximately a third way into the property as this is where the locating equipment lost the signal and the services were no longer traceable.

Proposal for Allotment 201 Create two allotments of approximately 950m² and 800m² subject to easements

with average frontage of 15m.

Have a 3m public walkway access to the beach.

Register a Right of Way to the shack owner of Allotment 319 through the new allotment.

Use the Right of Way to run effluent, water and power services.


134

Allotment 201 Location map


135

Allotment 201 Proposed plan

Water

Electricity


136

Property details





Comprises a site area of 784m² with a width of 14.92m and average depth 52.82m.


The privately owned properties, to the east and west of the partially treed allotment extend respectively onto Allotment 371 (Crown Licence until 30/6/2037) and Allotment 373 (fixed term Crown lease until 30/6/2037).

A driveway exists through the property which leads to adjoining shack Allotment 372 (annual Crown licence until 30/6/2037).

One CWMS connection and private water supply connection to the Council owned/run water supply scheme is located at the Black Point Drive frontage.

Electricity, water, sewer and telecom underground lines run along the front of the allotment.


The electricity line appears to end in the middle of the property as this is where the locating equipment lost the signal and the services were no longer traceable.

Proposal for Allotment 202

Create a new allotment comprising of approx. 630m² on the western side of the 3m walkway.

Retain the 3m wide walkway to provide access to the beach between Allotments 372 and 373.


137



138


Water

Electricity


139



Listed on Council’s Community Land Register as Category 2 Recreation and Sport.


Vested in Council as a public reserve and comprises a site area of 2604m² with a width of 45.43m and average depth 56.8m.

Governed by planning controls of the Policy Area 3 Black Point, which permit a land division for detached dwelling sites of 450m² minimum, where Community Wastewater Management Scheme (CWMS) service is available.

Shacks and sheds exist in the respective privately owned properties, to the western and eastern sides of the allotment.

Has 2 existing vehicular & walking access tracks approx. 6m wide, from Black Point Drive to the beach with the westerly track appearing to be access to the adjoining Allotments 390 & 391 and the easterly track serving as access to shack site, Allotment 392.

Two electricity, one CWMS, two water and two telecom lines run through the property underground. A power transformer is located on the easement in the western corner of the property.

Two CWMS connections and one private water supply connection to the Council owned/run water supply scheme are located at the Black Point Drive frontage.

Telecom, CWMS, water and electricity underground lines run along the front of the property.


The water line appears to end approx. one third of the way into the property with the electricity line ending three quarters of the way in. This is where the locating equipment lost the signal and the services were no longer traceable.


Create three allotments of approximately the same size.

Straighten the existing 6m track as a public road which can provide legal frontage and services to adjoining shack sites Allotments 390 and 391, both which hold annual Crown licences until 30/6/2037.

A 3m right of way is needed to provide access to shack Allotment 392 (annual Crown licence until 30/6/2037) and which could contain easements for services to the three shack allotments and allow access to the beach.


140



141


Water

Electricity


142



Vested in Council as a Public Reserve and comprises a site area of 2336m² with a width of 44.38m and average depth 52.2m.

Has 2 existing vehicular & walking access tracks approx. 6m wide, from Black Point Drive to the beach with the westerly track appearing to be access to the adjoining Allotments 419, 420 and 421 shack sites (all with annual Crown licence until 30/6/2037).


Three electricity, two telecom, one CWMS and one water line run through the property.



The water line appears to end in the middle of the property as this is where the locating equipment lost the signal and the services were no longer traceable.

Proposal for Allotment 204 Create three allotments of approx. 660m², 640m² and 740m².

Straighten the existing track to provide access to Allotments 419 & 420.

A right of Way will need to be created for Allotment Lot 421 which could also contain easements for water and electricity for Allotments 419, 420 & 421.


143

Allotment 204 Location Map


144

Allotment 204 - Proposed plan

Water

Electricity


145

The Community Engagement process

A public notice advertising the community engagement process and describing the matter of the revocation will appear in the Yorke Peninsula Country Times and on Council’s website, with an invitation for interested persons to make submissions to Council in relation to the matter.

A sign will be displayed on site of each Reserve and all Black Point property owners and surrounding property owners will receive a copy of the public notice. Persons may also make a written submission to appear before Council.

This detailed information report will be made available at all Council Offices and on Council’s website for the public to access.

It is proposed that a further report will be presented to Council on the 8th February 2017 on the outcome of the community engagement process. The report will include any written submissions received for Council’s consideration and to decide if Council should proceed with the revocation process by applying for the consent of the Minister for Planning.

Process timeline:

SF215




StakeholdersLevel 2


Affected residents Personalised Letter

Director Develoment

Services 5/09/2016 5/09/2016 C

Entire community Public Notice

Director Develoment

Services 21/09/2016 25/11/2016 NS

Entire community Website

Director Develoment

Services 21/09/2016 25/11/2016 NS

Entire community Social Media

Director Develoment

Services 21/09/2016 25/11/2016 NS

Entire community Signage

Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 8/02/2017 8/02/2017 NS

PROJECT NAME: Revocation of Community Land

Allotments 201, 202, 203 & 204 Black Point





146

Public Notice


COMMUNITY ENGAGEMENT

PROPOSED REVOCATION OF COMMUNITY LAND CLASSIFICATION








with the intent to sell each allotment.

A detailed report in relation to the proposed revocation and future intentions of the land is available for viewing at Yorke Peninsula Council offices at Maitland, Minlaton, Yorketown

and Warooka and on Council’s website, www.yorke.sa.gov.au


Phone: (08) 8832 0000 Written submissions are to be addressed to:

Revocation Black Point Attention: Director Development Services

Submissions close at 5.00pm Friday, 25th November 2016 and can be forwarded by;

Post: Yorke Peninsula Council, PO Box 57 Maitland SA 5573 Facsimile: (08) 8853 2494 Email: [email protected] Personal Delivery: Council offices as listed above.


Andrew Cameron Chief Executive Officer


147

http://www.yorke.sa.gov.au/


Attachment 8




Notice is hereby given pursuant to Section 194(2)(b) of the Local Government Act 1999 that Yorke Peninsula Council proposes to revoke the Community Land classification for this property:

The whole of Allotment 201 Black Point Drive, Black Point, in Deposit Plan 41613 comprised in Certificate of Title Volume 5294 Folio 896.

The proposed revocation is to enable Council to consider subdividing the property into two allotments with the intent to sell each allotment. A detailed report in relation to the proposed revocation and future intentions of the land is available at Yorke Peninsula Council offices located at Maitland, Minlaton, Yorketown and Warooka and on Council’s website www.yorke.sa.gov.au.


Phone: (08) 8832 0000






Andrew Cameron



148



149


DA/ITEM 6.4

2. REVOCATION OF COMMUNITY LAND - BLACK POINT ALLOTMENT 202

PURPOSE


RECOMMENDATION

The Council:





Goal: 5 Responsible Governance Strategy: 5.3 Meet all legislative requirements and compliance with Council’s

internal controls

BACKGROUND







150










DISCUSSION








151














• MoselSteed

POLICY IMPLICATIONS




No budget implications during the revocation process excepting signage and postage costs which will be absorbed in existing budgets. Should the revocation proceed and land is listed for sale, the following costs are anticipated (at the time of writing this report).

• Approximately $4,000 – Conveyancer fees including LMA for the allotment.

• Approximately $1,600 – Lands Title Office lodgement fees, consulting, drafting, surveying and general administration.



ATTACHMENTS





152







153

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against

















154

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


8














155

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against















156

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against






22



23





25




157

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


26 Burke Urban All




158



159

Allotment 202


160

Allotment 203


161

Allotment 204


162


Breach of trust















Car parking





Access



163









Reserves





Infrastructure





164

SF215



StakeholdersLevel 2



Services 5/09/2016 5/09/2016 C


Services 21/09/2016 25/11/2016 NS


Services 21/09/2016 25/11/2016 NS


Services 21/09/2016 25/11/2016 NS


Services 21/09/2016 25/11/2016 NS


Director Develoment Services 8/02/2017 8/02/2017 NS


POINT





165

Attachment 5


166

Attachment 6













Phone: (08) 8832 0000





Andrew Cameron



167


Attachment 7




SEPTEMBER 2016


168


Purpose of report


Background





Reason for proposal










169






Road renewals –


Property details



















170



171


Water

Electricity


172

Property details

















173



174


Water

Electricity


175



















176



177


Water

Electricity


178














179



180


Water

Electricity


181






Process timeline:

SF215




StakeholdersLevel 2



Director Develoment

Services 5/09/2016 5/09/2016 C


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 8/02/2017 8/02/2017 NS







182

Public Notice






















183



Attachment 8




Notice is hereby given pursuant to Section 194(2)(b) of the Local Government Act 1999 that Yorke Peninsula Council proposes to revoke the classification of Community Land for this

property: The whole of Allotment 202 Black Point Drive, Black Point, in Deposit Plan 41613

comprised in Certificate of Title Volume 5294 Folio 897

The proposed revocation is to enable Council to consider the sale of the allotment.

A detailed report in relation to the proposed revocation and future intentions of the land is available at Yorke Peninsula Council offices located at Maitland, Minlaton, Yorketown and Warooka and on Council’s website www.yorke.sa.gov.au.


Phone: (08) 8832 0000






Andrew Cameron



184



185


DA/ITEM 6.4


PURPOSE


RECOMMENDATION

The Council:



3





BACKGROUND







186








• Copy of signage erected on Allotments 201, 202, 203, and 204 notifying of the community engagement for the proposed revocation of community land – Attachment 8 (Copy of signage in situ – Attachment 8)


DISCUSSION








187














• MoselSteed

POLICY IMPLICATIONS






• Approximately $10,600 – Development Application feed including Development Assessment Commission Application, consulting, drafting, surveying & administration include monitoring of development application and work following the approval.


Local Government Ace 1999 Section 194 (2)(a) and Section 201 (2)(iii).

ATTACHMENTS




188








189

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against

















190

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


8














191

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against















192

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against






22



23





25




193

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


26 Burke Urban All




194



195

Allotment 202


196

Allotment 203


197

Allotment 204


198


Breach of trust















Car parking





Access



199









Reserves





Infrastructure





200

SF215



StakeholdersLevel 2



Services 5/09/2016 5/09/2016 C


Services 21/09/2016 25/11/2016 C


Services 21/09/2016 25/11/2016 C


Services 21/09/2016 25/11/2016 C


Services 21/09/2016 25/11/2016 C




POINT





201

Attachment 5


202

Attachment 6













Phone: (08) 8832 0000





Andrew Cameron



203


Attachment 7




SEPTEMBER 2016


204


Purpose of report


Background





Reason for proposal










205






Road renewals –


Property details



















206



207


Water

Electricity


208

Property details

















209



210


Water

Electricity


211



















212



213


Water

Electricity


214














215



216


Water

Electricity


217






Process timeline:

SF215




StakeholdersLevel 2



Director Develoment

Services 5/09/2016 5/09/2016 C


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 8/02/2017 8/02/2017 NS







218

Public Notice






















219



Attachment 8





property: The whole of Allotment 203 Black Point Drive, Black Point in Deposit Plan 41613

comprised in Certificate of Title Volume 5294 Folio 898

The proposed revocation is to enable Council to consider subdividing the property into three

allotments with the intent to sell each allotment.



Phone: (08) 8832 0000






Andrew Cameron



220



221


DA/ITEM 6.4


PURPOSE


RECOMMENDATION

The Council:







BACKGROUND







222










DISCUSSION








223














• MoselSteed

POLICY IMPLICATIONS






• Approximately $10,600 – Development Application fees including Development Assessment Commission Application, consulting, drafting, surveying & administration include monitoring of development application and work following the approval.



ATTACHMENTS




224








225

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against

















226

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


8














227

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against















228

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against






22



23





25




229

Name/Resident

Black Point

property

Property in the

vicinity of Summary

For/

Against


26 Burke Urban All




230



231

Allotment 202


232

Allotment 203


233

Allotment 204


234


Breach of trust















Car parking





Access



235









Reserves





Infrastructure





236

SF215



StakeholdersLevel 2



Services 5/09/2016 5/09/2016 C


Services 21/09/2016 25/11/2016 C


Services 21/09/2016 25/11/2016 C


Services 21/09/2016 25/11/2016 C


Services 21/09/2016 25/11/2016 C




POINT





237

Attachment 5


238

Attachment 6













Phone: (08) 8832 0000





Andrew Cameron



239


Attachment 7




SEPTEMBER 2016


240


Purpose of report


Background





Reason for proposal










241






Road renewals –


Property details



















242



243


Water

Electricity


244

Property details

















245



246


Water

Electricity


247



















248



249


Water

Electricity


250














251



252


Water

Electricity


253






Process timeline:

SF215




StakeholdersLevel 2



Director Develoment

Services 5/09/2016 5/09/2016 C


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 21/09/2016 25/11/2016 NS


Director Develoment

Services 8/02/2017 8/02/2017 NS







254

Public Notice






















255



Attachment 8





property:


The proposed revocation is to enable Council to consider subdividing the property into three

allotments with the intent to sell each allotment.



Phone: (08) 8832 0000





All submissions received will be provided to Council for consideration.

Please indicate in the submission if you wish to appear before Council on this matter.



256



257


DA/ITEM 6.4

5. REVOCATION OF COMMUNITY LAND – KAINTON PROPERTIES

PURPOSE

To seek Council approval to revoke the community land classification for two Kainton properties for the purpose of transferring ownership.

RECOMMENDATION

That Council:

1. pursuant to Section 194 (3)(b) of the Local Government Act 1999, revokes the community land classification for Section 625 Hundred of Clinton, 1439 Kainton Road, Kainton, Certificate of Title: Volume 323 Folio 36 and Allotment 287 Hundred of Clinton, 570 Bridge Road Kainton, Certificate of Title: Volume 5782 Folio 94, for the purpose of transferring ownership of the properties to Kainton Recreation Grounds and Hall Committee Inc, for no monetary cost.

2. authorise the Mayor and Chief Executive Officer to sign and seal any documents in relation to the transfer of the properties.


Goal: 4 Community Engaged and Supported Strategy: 4.6 Audit, assess, rationalise and upgrade community meeting halls and meeting spaces

BACKGROUND

A recommendation was carried at the 14th September 2016, Council meeting to seek Ministerial approval for the revocation of community land classification over the Kainton Hall and Church / School properties. The revocation is for the purpose of transferring ownership of the properties to the Kainton Recreation Grounds and Hall Committee Inc.

DISCUSSION

An application was submitted to the Minister for Planning seeking approval for the revocation of the properties and as a result Ministerial approval was received in writing. It was suggested in the approval letter that Council obtain an independent market valuation, to ensure the value of the properties is not of significant monetary value to Council. The market valuation is a suggestion only, not a set condition for the Ministerial approval.

Due to the Valuer General valuations being only $15,000 for the Kainton Hall property and $28,000 for the Kainton Church/School property, an independent valuation is not necessary in this instance.

In accordance with Section 194 (3)(b) of the Local Government Act 1999, Council is required to carry a resolution to revoke the community land classification, if Council wish to proceed with the revocation.

A public notice will be advertised in the Yorke Peninsula Country Times and Government Gazette giving notification of the revocation, if approved.


258


Community Engagement Plan Level 2 – Consult. Process has been completed.




Operations Manager

Operations Co-ordinator

Property Tenure Officer


Kainton Recreation Grounds and Hall Committee Inc.

AB Thiele Pty. Ltd.

MoselSteed

Department of Environment, Water & Natural Resources

POLICY IMPLICATIONS


PO072 Disposal of Land and other Assets


Transfer properties for no monetary cost.

Council 100% responsible for transfer costs being approx. $2,259 -

Stamp Duty -

Section 625 - $180 on valuation of $15,000

Allotment 287 - $440 on valuation of $28,000

Lands Titles Office fee -

Section 625 - $171

Allotment 287 - $188

Legal services – approximately $950

Half share for solicitor’s licence preparation fee for Section 139 - $330

Proposed licence fee for Section 139 - $50 + GST per annum


Local Government Act 1999 Section 194 (3)(b)

Local Government Act 1999 Section 201(1)(2)

Local Government Act 1999 Section 166 (1)(c)(j)

ATTACHMENTS

Attachment 1: Correspondence from Minister for Planning.


259


260


DA/ITEM 6.4

6. BUSH CAMPING WORKING PARTY

PURPOSE

For Council to receive the Minutes of the Bush Camping Working Party meeting, held 18th January 2017.

RECOMMENDATION

That Council:

1. receive the Minutes of the Bush Camping Working Party meeting held on Wednesday 18th January 2017.

2. endorse the budget expenditure of;

$12,000 for the installation of 6 bin modules,

$9,000 for fencing at Tipara and The Bamboos and

$50,000 for the installation of two (2) Enviro toilets to be sited at the Parara and Port Minlacowie bush camping locations.


Goal: 1 Economically Prosperous Peninsula Strategy: 1.3 Improve visitor experiences, infrastructure, signage, information and support

BACKGROUND

As a result of an internal audit and subsequent recommendations from the Audit Committee in September 2014, the Bush Camping Working Party was established in April 2016, to address the recommendations.

DISCUSSION

Attached are the Minutes of the Bush Camping Working Party meeting held on 18th January 2017.

Item 4.5 of the Minutes recommends the following motion be adopted:-

Cr Scott Hoyle moved Cr Naomi Bittner seconded

It is recommended that Council endorse the budget expenditure of;

$12,000 for the installation of 6 bin modules,

$9,000 for fencing at Tipara and The Bamboos,

$50,000 for the installation of two (2) Enviro toilets to be sited at the Parara and Port Minlacowie bush camping locations.

CARRIED

It is anticipated that the 2016/2017 budget allocation will be fully expended.


261


Level 1 – Inform. Minutes will be available on Councils website.




Manager Development Services

Senior Compliance Officer


Bush Camping Working Party

Visitor Information Centre

POLICY IMPLICATIONS

Not applicable


Consistent with the 2016/17 budget allocation.


Local Government Act

National Competition Policy - 1995 Competition Principles Agreement

Council must ensure competitive neutrality principles are applied in accordance with 1995 Competition Principles Agreement.

ATTACHMENTS

Attachment 1: Bush Camping Working Party Minutes


262


Minutes of the Meeting of the Bush Camping Working Party

Held on Wednesday 18th January 2017 In the Council Chambers

57 Main Street Minlaton commencing at 3pm

(Subject to confirmation)

ITEM 1

1.1 WELCOME

Chairperson Adam Meyer welcomed everyone to the meeting and declared the meeting open at 3.10pm

1.2 PRESENT

Councillors, Naomi Bittner, Adam Meyer and Scott Hoyle

Mayor Ray Agnew Roger Brooks Director Development Services Mick Cartwright Manager Development Services Phil Herrmann Senior Compliance Officer Stephen Goldsworthy Operations Manager Wendy Story Visitor Information Services Coordinator Maddy Pulling Minute Secretary

1.3 LEAVE OF ABSENCE

1.4 APOLOGIES

Cr Tania Stock and Anne Hammond

1.5 MINUTES OF THE PREVIOUS MEETING - for confirmation.

Cr Adam Meyer moved Cr Naomi Bittner seconded

That the minutes of the Bush Camping Working Party meeting held on 14th December 2016, as circulated, be confirmed as a true record.

CARRIED

ITEM 2 VISITORS TO THE MEETING

ITEM 3 CORRESPONDENCE


263

Correspondence from Mr Bill Brady dated 11/1/2017 was tabled. The correspondence was a complaint regarding the RV ‘friendliness’ of the Yorke Peninsula. Mick Cartwright informed the Party that he phoned Mr Brady to discuss his correspondence. Mr Brady explained he thought that he had read this information in a recent RV publication. Mick Cartwright explained that the Yorke Peninsula Council is very welcoming of the RV sector and well-appointed with RV facilities, offering affordable nightly stay options in Councils bush camping locations and highlighted the recent addition of new camp locations.

The Wanderer Publication, January 2017 edition was tabled. Mick Cartwright informed the Party that he personally phoned Roger Hogben to thank him for writing the positive article promoting Councils 21 bush camping locations. The Party requested correspondence be sent to Roger Hogben, formally thanking him for writing the article and requesting if it possible for Council to have access to a digital version of the article to use for Councils promotional purposes.

ITEM 4 DEBATE AGENDA

4.1 Discussion ensued regarding bin requirements. The Party discussed the option of bin modules versus the placement of temporary skip bins in peak holiday periods. Phil Herrmann reported that he considers it is necessary to supply bin facilities for campers so that rubbish is not dumped or left at camp locations or on road sides.

Stephen Goldsworthy advised the four (4) bin modules have been costed at approximately $2,000 each. The Party determined that modules containing four (4) bins should be set up in town locations, close to existing dump point facilities. The bins and dump points would become centralised ‘stations’ within Councils townships - attracting campers into the townships and encouraging campers to use local businesses and services. The Party also discussed the ongoing cost benefits of locating the bins on the current bin collection circuit, rather than having a contractor service the bins in each individual camp location at an additional cost.

Consideration should be given to factoring in additional dump points to assist with servicing the bush camping sector.

The Party adjourned the discussion on identifying suitable bin locations and dump points until all items of the Agenda have been discussed.

Stephen Goldsworthy advised the cost to install fencing at the respective locations;

The Bamboos $4,181

Tipara $5,000

Stephen Goldsworthy advised the approximate cost for one (1) Enviro toilet is estimated to be $28,500. The Party discussed which camp site would benefit the most from the installation of a toilet facility.

4.2 Wendy Story updated the Party on the progress of the bush camping photography competition and outlined the promotional schedule for the competition. The competition closes on 29th January 2017 whereby digital entries will be circulated to the Bush Camping Working Party and a decision on the winner will be made at the February 2017 meeting.

Discussion ensued about running the competition on an annual basis and possibly introducing other categories to the competition.

4.3 Phil Herrmann provided statistical bush camping data to the Party. Phil advised the bush camping sites have been well utilised over the busy holiday period and that Rangers continue to engage with campers educating them about purchasing online camping permits. The Rangers have not expiated any campers for not having a permit, alternatively Rangers advise campers to contact the VIC to purchase a permit. Wendy Story commented that there is often an influx of calls to the VIC from campers wanting to purchase a permit once the Rangers have patrolled the camp sites.


264

Phil Herrmann also advised that he has extended several yearly permits, allowing campers to remain camping in the same location - beyond the fixed six week period as stated in the terms and conditions.

4.1 The Party resumed discussion on identifying suitable bin locations and possible dump points.

The bin module locations combined with some preferred additional dump point sites were identified as sutiable centralised locations to service the following camp sites;

Township Servicing Camp Locations Dump Point Consideration

Maitland The Gap, Bamboos, Tippara Suitable

Port Victoria Warultee

Minlaton Barkers Rocks, Port Minlacowie Suitable

Warooka Len Barker Reserve, Burners Beach

Corny Point Gravel Bay, Swincers Rocks Suitable

Corny Point/Warooka Gleesons Landing, Daly Head

Warooka Foul bay Boat Ramp, Sturt Bay

To Be Confirmed Mozzie Flat

Edithburgh Wattle Point, Goldsmiths

To Be Confirmed Parara

Stephen Goldsworthy to contact current contractor to see if additional costs would be associated with the collection of rubbish from the listed towns and to consult with the relevant local Progress Associations regarding the placement of the bin modules.

Mick Cartwright to provide the Party with a cost for a dump point facility.

4.5 Discussion ensued regarding budget expenditure and the facilities/works which will better enhance the camp locations.

Cr Scott Hoyle moved Cr Naomi Bittner seconded

It is recommended that Council endorse the budget expenditure of;

$12,000 for the installation of 6 bin modules, $9,000 for fencing at Tipara and The Bamboos, $50,000 for the installation of two (2) Enviro toilets to be sited at the Parara and

Port Minlacowie bush camping locations.

CARRIED 4.4.1 Matters Raised

Nil

ITEM 5 GENERAL BUSINESS

Discussion ensued regarding budget considerations and the costs associated with the installation of additional dumps points. The Party agreed the costs for dump points needs to determined for consideration in the 2017/2018 Council budget.

ITEM 6 NEXT MEETING

8th February 2017

ITEM 7 CLOSURE


265

The meeting closed at 4.48pm

……………………………………. Chairperson – Mr Adam Meyer Wednesday, 8th February 2017


266


ITEM 8 – CONFIDENTIAL

1. BLACK POINT BOAT RAMP WALKWAYS TENDER 160/2016

PURPOSE

For Elected Members to consider awarding the tender for the Black Point Boat Ramp Walkways Tender number 160/2016.

RECOMMENDATION

Section 90(3)(k) Order

1. That pursuant to Section 90(2) of the Local Government Act 1999, the Council orders that the public be excluded from the meeting with the exception of the Chief Executive Officer, Executive Assistant to the CEO and Mayor, Director Corporate and Community Services, Director Development Services, Director Assets and Infrastructure Services and Black Point Progress Association Members: Barry Noble, Roger Sexton, Patrick Hill Bill Gill, and David McKay from AZTEC Engineering.

The Council is satisfied that, pursuant to section 90(3)(k) of the Act, the information to be received, discussed or considered in relation to agenda item 8 Black Point Boat Ramp Walkways Tender 160/2016 is confidential information relating to –

“(1) tenders for the supply of goods, the provision of services or the carrying out of works;”

Accordingly, the Council is satisfied that the principle which states the meeting be conducted in a place open to the public has been outweighed in the circumstances.

Section 91(7) Order

2. That having considered agenda item 8 Black Point Boat Ramp Walkways Tender 160/2016 in confidence under section 90(2) and (3) (k) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act orders that the agenda report, and supporting documentation relevant to agenda item 8 titled Black Point Boat Ramp Walkways Tender be retained in confidence for a period of 12 months.


Goal: 5 Responsible Governance Strategy: 5.3 Meet all legislative requirements and compliance with Council’s

internal controls

BACKGROUND

In accordance with Yorke Peninsula Council’s PO058 Purchasing and Procurement Policy, a supplier is to be recommended to Council for selection, following an open tender purchase method for the Black Point Boat Ramp Walkways Tender Process.


267

DISCUSSION

It is recommended that the public be excluded for consideration of this item to enable consideration in confidence under Section 90(3)(k) of the Local Government Act.


As the report is for Council to consider and report in confidence, it has not been necessary to engage with the community on this occasion.



• Chief Executive Officer


• Nil

POLICY IMPLICATIONS

Sections 90 and 91 - Local Government Act 1999


Not applicable


Sections 90 and 91 - Local Government Act 1999

ATTACHMENTS

Nil


268

Documents

Public Agenda 8 Feb 17 - Yorke Peninsula Council · 2017-02-03 · 1.2 Opening Prayer 1.3 Present 1.4 Leave of absence Cr Veronica Brundell 6th – 10th February 2017 1.5 Apologies