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The District Council of Elliston Tuesday 19th July 2011 Elliston Council Chambers Seeding - Murdinga

Seeding - Murdinga - District Council of Elliston ·  · 2011-11-21Seeding - Murdinga . The District Council of Elliston Date: Tuesday 19 July 2011 ... the form of a verbal submission

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Page 1: Seeding - Murdinga - District Council of Elliston ·  · 2011-11-21Seeding - Murdinga . The District Council of Elliston Date: Tuesday 19 July 2011 ... the form of a verbal submission

The District Council of Elliston

Tuesday 19th July 2011

Elliston Council Chambers

Seeding - Murdinga

Page 2: Seeding - Murdinga - District Council of Elliston ·  · 2011-11-21Seeding - Murdinga . The District Council of Elliston Date: Tuesday 19 July 2011 ... the form of a verbal submission

The District Council of Elliston

Date: Tuesday 19 July 2011 Time: 9.30am Venue: Elliston Council Chambers

........................................................ Steve Woolley

Acting Chief Executive Officer

AGENDA

9.30am Welcome

1 Public Question Time 9.40am 2 Apologies 9.45am 3 Confirmation of Minutes

That the minutes of the Ordinary Meeting held on the 21st June 2011 and the Special Budget Workshop held on the 5th July 2011 as circulated and tabled in the minute book be taken as read and confirmed.

9.50am 4 Conflict of Interest

Elected Member and Officers Declaration of matters that may constitute Conflict of Interest, in relation to the Agenda business of this meeting.

5 Business Arising from Minutes TV Tower Fund update

437.2009 That the Council authorises the CEO to respond enquiry with the information from the agenda and the Council instructs the CEO to arrange the necessary calculation to refund the balance of accumulated TV Reserve Fund based on pro-rata

al survey among Elliston resident in order to understand their preference on whether:-

1) The resident (users) shall opt for refund of accumulated TV Tower Reserve fund.

2) The resident shall agree to close down of Bramfield TV Tower Operation from next Financial Year.

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The Council directs on the Survey methodology and suggests the following points:-

1) Survey letter should go to TV Levy payers only. 2) Methods of the Survey By Post. 3) Draft survey to be presented in the Council meeting.

Cr Hancock / Cr Seaman CARRIED

TV Tower Fund Update Resolution 437.2009 286.2010 That Council directs the CEO to get clarification from the relevant

Government body to determine if the future incoming digital signal is capable of being retransmitted in analogue format using the existing infrastructure from the Bramfield tower and if so, what is the expected lifespan of that service

Cr Hitchcock / Cr Seaman CARRIED

287.2010 That the TV survey continues to lay on the table (resolution

437.2009) Cr Burrows / Cr Hitchcock

CARRIED

Draft Strategic Plan 2007 2012 022.2011 That the Draft Strategic Plan 2007 - 2012 as presented at

December 2010 Council meeting lays on the table until further discussion at the February 2011 meeting.

Cr McGlasson / Cr Hitchcock CARRIED

6 Rescinding of Resolution & Motion with Notice

Nil

10.00am 7 Works Co-ordinator Report Information & Action

Waterloo Heights Intersections Traffic Engineering Assessment (Trevor Mace)

Coalition of Australian Governments (COAG) Road Reform Plan Preliminary Findings Consultation Report (June 2011)

Information & Action

Silo Road Traffic Engineering Assessment (Trevor Mace) Fuss Road Traffic Engineering Assessment (Trevor Mace) New Templates for RVMP for Local Government Road Safety Issues Lock CWMS Progress Report Waste Management (Elliston Waste Transfer Station) Television Retransmission Road Maintenance Road Re-sheeting Program Update

That the Works Co-ordinator Report, as printed in the Agenda, circulated and tabled, be accepted.

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10.15am MORNING TEA 10.30am 8 Environmental Development Assessment Manager Report

Action Items

Delegated Powers

Information Only

Annual Food Report 2011 Development Plan Amendment (DPA) Coastal DPA Eyre & Western Region Plan That the printed in the Agenda, circulated and tabled, be accepted.

11.00am 9 Acting DCEO Report / Acting Finance Officer

2010/11 3rd & Final Budget Review Report 2010/11 Capital Expenditure Summary

Acting DCEO Report

Minutes of the Section 41 Committee

That the Acting DCEO Report / Acting Finance Officer & Acting DCEO Report, as printed in the Agenda, circulated and tabled, be accepted.

11.20am 10 Acting CEO Report FINANCIAL REPORT

Action Item

Finance Progress Reports to 12th July 2011 including 3rd Budget Review Elliston Area School 31st Woolshow Request for Funding Section 41 (Elliston Playground Upgrade) Committee Minutes 6 June

2011 LGA Financial Services Nomination of Council Representative Eyre Peninsula Local Government Association (EPLGA) Audit

Committee Regulations

Items for Notation

Audit Committee

That the Acting CEO Finance Report as printed in the Agenda, circulated and

tabled be accepted.

Acting CEO General Report Action Items

Confidential Session pursuant to Section 90 of the Local Government Act SA Police Request to Consider Dry Zones for Coastal Towns New

Years Eve 2011/12

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Items for Notation SA Department of Planning & Local Government Eyre & Western Plan Council of Australian Governments (COAG) Road Reform Plant (CRRP) Elliston CFS Group AGM Acting CEO Annual Leave DC Streaky Bay Hon. Mike Rann Premier of SA Hon John Hill MP Elliston Apartments Email from Cr Hancock Australia Day Council of SA Section 41 (Elliston Playground Upgrade) Email from Staff of Hon Rowan Ramsay Federal Minister for Grey

Information Only

LGA Declaration of Poll LGA Marine Parks EPLGA Australian Rural Road Users Group

That the Acting CEO General Report, as printed in the Agenda, circulated and tabled, be accepted.

11.45pm 11

12 Petitions

Nil

13 Tenders / Expression of Interests Nil

11.50pm 14 Questions with Notice Nil

15 Questions without Notice 11.55pm 16 Date of Next Meeting

12.00pm LUNCH BREAK 1.00pm 17 Strategic Planning Workshop 5.00pm 18 Closure

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The District Council of Elliston

Works Report

Council Meeting 19th July 2011

INFORMATION & ACTION Waterloo Heights Intersection Traffic Engineering Assessment (Trevor Mace) At the May 2011 Council Meeting, Members raised concerns regarding the recent alterations by DTEI to the line marking at the intersection of Flinders Highway and Waterloo Heights, associated with delineating a turning lane and bypass lane. The Council resolved that an invitation be extended to DTEI to attend the June 2011 Council Meeting to inspect the site. Members will recall that DTEI were unavailable to attend the Meeting. A recent inspection was conducted by Trevor Mace, an independent traffic engineer to assess the effectiveness of the intersection. The inspection report is attached for reference for Councils consideration. The report indicates that the DTEI adjustments to the intersection are appropriate and effective, but Mace has highlighted deficiencies in the Clifftop Drive intersection further along the road and recommends that Council request DTEI install a turning lane into the Clifftop Drive intersection. DTEI have indicated they will be visiting the area in August 2011 to consider and discuss a range of issues including this one with Council Staff. Recommendation: That the Council Administration request DTEI to consider funding the design and future construction of a turning lane into Clifftop Drive from Flinders Highway. Coalition of Australian Governments (COAG) Road Reform Plan - Preliminary Findings Consultation Report (June 2011) COAG road reform has been established to develop a plan and options to reform existing arrangement in relation to the way roads are used and managed, in particular, to conduct an examination of the feasibility of improving the direct pricing of heavy vehicles and the funding and provision of roads, in order to promote a more efficient, productive and safe heavy vehicle industry. COAG have developed a Road Reform Plan, Preliminary Findings Consultation Paper for comment and consideration by road users, Councils and the industry, and are seeking feedback on the same. Diana Laube, Executive Officer EPLGA and several Eyre Peninsula Local Government Association (EPLGA) Works Managers attended COAG Road reform sessions in Late March 2011and collectively made submissions to the reform program in April 2011. With the release of the preliminary findings report the EPLGA is again seeking input and comment from EP Councils on the preliminary findings to prepare the EPLGA regional response on the report. (Preliminary COAG Report available on the LGA website - Circular 26.12) A copy of the Draft EPLGA report has been included for consideration; Councillors may provide input in the form of a verbal submission to EPLGA or by individual written submissions. Any individual submissions must be received by the ACEO by no later than 31st July for inclusion in the EPLGA submission. (see also ACEO Report). Recommendation: That the Council endorses the EPLGA preliminary draft submission on COAG Reform and a copy of the endorsement be provided to Diana Laube Executive Officer EPLGA

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INFORMATION ONLY Silo Road Traffic Engineering Assessment (Trevor Mace) Silo Road, Lock is a built track on a road corridor. It is not a Council made road and is used extensively for transport of grain during harvest and for shifting grain to and from the nearby Viterra bunker complex. Viterra has altered traffic movement within its silo complex directing traffic onto this road to ease congestion at its site. Traffic is also directed to use the road as an alternate route when train shunting operations interrupt traffic movement on adjoining roads. The road is currently treated as an unmade road and is not a Commodity route. The Engineers Assessment was undertaken primarily to identify the upgrades required to improve the road to

consideration for Members reference. DTEI and Viterra are aware of the issues associated with the site and a meeting is to be convened with both parties to initiate dialogue in order to develop a longer term solution for road and drainage upgrades to facilitat Members are advised that development of any solution for this area/location should include a funding solution with the associated parties and stakeholders. As matters proceed, further progress reports will be provided to Members. This report has been complied in consultation with Heather Barclay of Heather Barclay Consulting. Fuss Road Traffic Engineering Assessment (Trevor Mace) Fuss Road intersection has been identified by DTEI as having insufficient sightlines for use as a commodity route. Site inspections have been carried out by Mace and a number of potential solutions, both simple and complex, and some requiring significant funding are currently being considered. At this time the Mace report is incomplete and is expected to be provided to the August 2011 Council Meeting. New Templates for RVMP for Local Government Recently meetings were held with the Native Vegetation Council at Wudinna to discuss the new Roadside Vegetation Mapping Plans (RVMP)being developing for Councils Members are advised that EPLGA are providing a collective response from EP Councils. A copy of the response will be provided to Members once it has been complied. Road Safety Issues - At the June2011 Council Meeting, Members requested a report to the July 2011 Council Meeting on a number of Road Safety Issues raised by Members. Members are advised that Inspections have been undertaken by by Heather Barclay Consulting and the Works Coordinator as per Councils request. A written report is however yet to be complied and is expected to be provided to the August 2011 Meeting of Council Lock CWMS Progress Report Members are advised that development approval has not yet been received from the Development Assessment Commission. Subject to approval it is expected that Tenders would be called on the approved Council proposal. Waste Management (Elliston Waste Transfer Station) Members are advised that development approval has not yet been received from the Development Assessment Commission. Subject to approval it is expected that Tenders would be called on the approved Council proposal.

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Television Retransmission Recently the ABC transmitter failed. Members are advised that a spare transmitter was installed in place of the failed unit. The repairs have been completed and the unit reinstated. Road Maintenance Grading operations have been interrupted temporarily, associated with wet weather. Road Re-sheeting Program Update Re-sheeting underway on the Hundred Line Road Re-sheeting underway on Dearman Road Crushing and carting underway on Barwell Road Rubble search underway for sheeting on Barwell Road. Recommendation: That Agenda for the Ordinary Council Meeting held on 19th July 2011, as circulated and tabled be accepted.

Wayne Scholz Works Coordinator

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The District Council of Elliston

Environmental Development Assessment Managers Report

To Council Meeting

19th July 2011 Delegated Powers Moved Cr. xxx, Seconded Cr. xxx that the development applications as approved by the Environmental & Development Assessment Manager, in accordance to Section 20 of the Development Act, 1993 as amended, be ratified by Council. Development Number

Applicant Address Development

933/011/11

P & B Hitchcock

28 Esplanade, Elliston SA 5670

Cut & Fill

933/015/11

A & V Pointon Lot 12 Sunny Street, Port Kenny SA 5671

Carport & storage areas

INFORMATION ONLY Annual Food Report - 2011 Please find attached a copy of the Annual Food Report for the 2010-2011 financial year which has been completed and submitted to the Department of Health. Development Plan Amendment (DPA) Coastal DPA Councillors some would have received the advice from the Department of Planning & Local Government in relation to the Coastal DPA. The Council office has made contact with Mr Malcolm Govett on the 11th July 2011 and he has confirmed that Council has submitted and completed the

. This document is currently with Planning SA which is reviewing the Distr Eyre & Western Region Plan At the time of writing this report EDAM had not yet had time to read the document, however, a written report will be provided for the ordinary Council meeting in August. Recommendation: That in the Agenda, circulated and tabled be accepted.

Joss Heinen Environmental Development

Assessment Manager

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Acting DCEO Report/Acting Finance Officer

Ordinary Council Meeting 19th July 2011.

2010/11 – 3rd & FINAL BUDGET REVIEW REPORT BACKGROUND: A Council must prepare for each financial year, ‘financial statements and notes’ as prescribed by regulation, as soon as reasonably practicable after the end of the financial year, and before the ‘prescribed day’ (2nd Friday in September each year). Audited ‘financial Statements and notes’ must then be submitted to the Minister and presiding member of the South Australian Grants Commission prior to November 30th each year. In addition to the above, and pursuant to the Local Government (Financial Management) Regulations 2011, under the Local Government Act 1999, and as part of Councils ‘Financial Accountability’, under Part 2 of the Regulations, Council must review its budget(s), once before 30th November each year, once after 15th March each year and also between 30th September and 31st of May each financial year (1st, 2nd & 3rd Budget Review(s)). The ‘Budget Review’ Report, should show revised forecast(s) in the budgeted financial statements compared to the budget estimates (adopted by Council in its Business Plan & Budget). The Council should also show revised forecast(s) for the Councils operating surplus ratio, net financial liabilities and asset sustainability ratio, compared to estimates (adopted by Council in its Business Plan & Budget). The purpose of this report is to present the 3rd & Final Budget Review Report (final budget review required to be undertaken after 15th March 2011), for Councils consideration and adoption or otherwise.

ATTACHMENT(S) / ANNEXURE (S):

Annexure 1 3rd & Final Budget Review Report (Operating Statement & Financial Statements)

Annexure 2 2010/11 Capital Program Summary Report & Expenditure

COMMENTS / DISCUSSION: In accordance with the Local Government Act & Regulations this report includes the third and final budget review for the 2010/11 financial year. It includes an expected and projected financial result for the year.

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The following provides an outline of budgeted and forecasted position for operating income (rates, statutory charges, user charges, grants, investment income, reimbursements and other income), and operating expenses (employee costs, materials, finance costs, depreciation). A summary is also provided including budgeted and forecast totals for Operating Income and Expenses and the budgeted and forecasted Operating Surplus/Deficit position. Income (Rates):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$1,744,597

$1,744,597

$1,744,597

$1,744,597

$1,767,661

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $23,064. Contextually, this favourable variation represents 1.3% of revenue from rates. Ian McDonald’s interim external audit in June 2011, identified an anomaly of approximately $23,000 with respect to the Valuer General’s valuation and the value used to generate the rate. This may account for a portion of the favourable variation. Income (Statutory Charges):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$31,718

$31,718

$31,718

$31,718

$23,957

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents an unfavourable variation of $7,761. Contextually, this unfavourable variation represents 25% of the expected revenue from Statutory Charges. The unfavourable variation is a result of reduced income from development fees. Income (User Charges):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$50,587

$50,587

$50,587

$50,587

$61,904

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $11,317. Contextually, this a favourable variation of approximately 20%. The favourable variation is associated with under budgeted lease fees for Venus Bay Caravan Park and also under budgeted water charges. In addition, it appears that the budget for Pt. Kenny water supply was overstated.

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Income (Grants):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$1,270,100

$1,811,222

$1,811,222

$1,811,222

$1,745,869

At Councils first budget review, Grants Income was varied to reflect unexpected grants income of $541,122 (Aerodrome $278,334, Trudinger Park $160,351, FAGS $102,000). The position has remained unchanged, however, actual grants received are lower than the revised budget position. The differential between Councils budgeted position and the expected forecast position to end of financial year, represents an unfavourable variation of $65,353. Contextually, this unfavourable variation represents less than 4% of the expected revenue from Grants. The unfavourable variation is a result of not receiving a grant of approximately $62,000 associated with waste (Zero Waste). This grant has been budgeted for in 2011/12. Income (Investment Income):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$51,500

$51,500

$51,500

$51,500

$76,954

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $25,454. Contextually, this a favourable variation of approximately 33%. The favourable variation is associated with an underspend throughout the year, resulting in additional investment income. Income (Reimbursements):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$54,691

$54,691

$54,691

$54,691

$121,939

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $67,248. Contextually, this a favourable variation of approximately +60%. The favourable variation is associated with a once off receipt for damage stormwater infrastructure ($35K), and in addition reimbursements from workcover were allocated to this income account. Income (Other Income):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$25,073

$25,073

$25,071

$25,071

$78,486

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $53,415. Contextually, this a favourable variation of approximately +200%. The favourable variation is associated with unexpected income received from the community for the Elliston Playground, and rebates from insurance.

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Total Operating Income:

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$3,228,266

$3,769,388

$3,769,386

$3,769,386

$107,382

From the above, the total differential between Councils budgeted position and the expected forecast position for all operating income, to end of financial year, represents a favourable variation of $107,384. Notwithstanding, some unfavourable variations (above) from a revised budget position, Council has experience favourable increases in other income streams as described above. Expenses (Employee Costs):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$597,866

$612,866

$612,866

$612,866

$597,428

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $33,438. Whilst the budgeted employee costs position is similar to the estimated budget, it is, and has been acknowledged that critical senior and technical positions and functions have been unfilled for considerable periods, and also that Councils Human Resource Model requires regularisation. It appears that if regularisation occurred and with a full compliment of staff, the budget for employee costs would have been higher. Members will be aware that the budget for Employee Costs for 2011/12 is proposed at $755,031 to allow for regularisation of the Human Resource Model. Expenses (Materials):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$1,919,033

$1,939,033

$1,949,031

$1,949,031

$1,576,015

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $373,016. The final forecast position represents a considerable underspend in operating expenses. The following provides a broad outline of the key influencing factors; Records Administration (underspent) (surplus) +$ 22,000 Elections (underspent) (surplus) +$ 21,000 Coastal Protection (delivered under budget/underspent) (surplus) +$ 35,000 Dog Control (underspent) (surplus) +$ 22,000 Road & Footpath Maint. (underspent) (surplus) +$120,000 Fuel (delivered under budget/underspent) (surplus) +$ 15,000 Machinery Maint. (delivered under budget/underspent) (surplus) +$ 20,000 Waste Management (delivered under budget) (surplus) +$ 71,000

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Expenses (Finance Charges/Costs):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$32,215

$32,215

$9,215

$9,215

$6,594

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $2,621. Expenses (Depreciation):

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$1,322,377

$1,322,377

$1,322,377

$1,322,377

$1,315,695

From the above, the differential between Councils budgeted position and the expected forecast position to end of financial year, represents a favourable variation of $6,682. The final depreciation figure may materially vary from the amount included in the budget and final forecast due to previous year anomalies. In relation to the budgeted depreciation, Council is currently undertaking a revaluation of road assets, and in 2011/12 an Infrastructure & Asset Management will be developed which will inform the depreciation figure in the future. Total Operating Expenses:

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

$3,871,491

$3,906,491

$3,893,489

$3,893,489

$3,477,732

From the above, the total differential between Councils budgeted position and the expected forecast position for all operating expenses, to end of financial year, represents a favourable variation of $415,757. The majority of the favourable variation is associated with an underspend in Materials, Contracts & Other Expenses (variations are described above). Summary Statement - Operating Surplus/Deficit:

2010/11 Original Budget

2010/11 Budget Review 1

2010/11 Budget Review 2

2010/11 Budget Review 3

2010/11 Final Forecast

-$660,225

-$154,103

-$141,103

-$141,103

$450,808

The operating result from budgeted deficit to a forecasted surplus of $450,808, represents a favourable variation of $591,911 (refer above for explanations) In 2010/11 the forecasted operating position is expected to be similar to pervious years and is expected to result in a significant ‘budget turn-around’, with a budgeted Operating Deficit of $666,325, to a forecasted position of +$450,808 (+$591,911), subject to creditors and depreciation adjustments.

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In 2010/11 this position is a direct result of unexpected and unbudgeted income of $541K (Aerodrome $278K, FAGS $102K & Playground Funding $162), and also as a result of significant underspend in labour, contracts and materials in the order of $370K. With the exception of unexpected income, there appears to be a correlation between human resources allocated and work/s undertaken, with critical senior and technical positions /functions unfilled for periods. This has impacted positively on the budget, but appears to have impacted business operations, with budgets underspent and with a number of positions sharing the load across functions, which needs regularisation. In addition to the operating position, above, the following is also provided within this third and final budget review report to ensure a complete picture of the expected final forecasted result for 2010/11; A summary of Councils 2010/11 Capital Expenditure Councils forecasted operating surplus ratio Councils forecasted net financial liabilities Councils forecasted asset sustainability ratio, and A summary of Reserve Funds (allocated) and Cash position 2010/11 Capital Expenditure - Summary

Annexure 2 provides a summary status report on the 2010/11 Capital Program and associated expenditure. The report highlights completed program items, those to be carried forward to 2011/12 and those to be held. The Annexure Report also provides an outline of program items delivered both under and over budget. In relation to ‘roads & footpath’ projects, a number of program items where still being delivered late in the financial year. As a result a number of invoices are yet to be received to finalise the capital budget result. It is expected however that the result will be favourable. The Councils final ‘Financial Statements’ will be the final position and result for 2010/11. Members should be aware the Hambidge Road will not be commenced (per resolution: 034.2011), as the funds where reallocated to the Airstrip.

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Operating Surplus Ratio:

The graph shows the operating result as a percentage of the general rate revenue Net Financial Liabilities:

Net financial liabilities show the level of debt that the Council holds in relation to the cash held and the cash expected to be received.

41.00%

-39.00%

-8.36%

26.36%

-50%

-40%

-30%

-20%

-10%

0%

10%

20%

30%

40%

50%

2009/10 2010/11 2010/11 2011/12Actual Adopted Budget Revised 3 Actual YTD

Operating Surplus/(Deficit) Ratio

-$1,962,731

-$470,433 -$649,548

-$2,308,753

-$2,500,000

-$2,000,000

-$1,500,000

-$1,000,000

-$500,000

$-

2009/10 2010/11 2010/11 2011/12Actual Adopted Budget Revised 3 Actual YTD

Net Financial Liabilities

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Asset Sustainability Ratio:

The asset sustainability ratio indicates whether Council is replacing and renewing its existing fixed assets at a rate equal to the rate that the fixed assets are wearing out.

149.75%

101.82% 101.82% 99.43%

0%

20%

40%

60%

80%

100%

120%

140%

160%

2009/10 2010/11 2010/11 2011/12Actual Adopted Budget Revised 3 Actual YTD

Asset Sustainability Ratio

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Reserve Fund Allocations & Cash Balance (Summary):

Item: 2010/11 March Position 2010/11 Expected Forecast Position

Elliston Airport Reserve

$65,273.16

$68,373

Hamachi Ocean Fund

$3,204.93

$3,357

Keane Fund

$3,046.53

$3,191

Plant & Machinery

$314,422.25

$329,357

Infrastructure Replacement

$59,608.11

$62,439

Land Development

$35,451.76

$37,135

Waste Management

$150,372.15

$157,514

Television Retransmission

$54,411.99

$56,996

CWMS

$87,868.54

$92,042

Pt. Kenny Water Supply

$1,755.47

$1,838

Long Service Leave

$19,772.30

$20,711

Trudinger Playground

$131,819.90

$138,081

Sub - Total:

$927,007

$971,039

Cash (General Account):

$1,878,090.74

$1,394,287

Total:

$2,805,097

$2,365,326

For Members reference the formal Operating Statement and Financial Statements are provided in Annexure 1. The Capital Program Summary & Expenditure is provided in Annexure 2. It is recommended that Council adopt the revised and forecasted operating position for 2010/11, including an expected surplus result of $450,808, subject to depreciation and creditors. The final audited ‘Financial Statements and Notes’ for 2010/11, expected to be presented to Council in September 2011, will provide the absolute result / position for 2010/11. COMMUNICATION: This third and final budget review report provides formal and public advice regarding Councils expected forecast end of 2010/11 financial year position and result. CONSULTATION: Nil

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POLICY IMPLICATIONS: Nil STATUTORY REQUIREMENTS: In accordance with the Local Government Act 1999, Financial Management Regulations Council must provide a third and final Budget Review Report. FINANCIAL / BUDGET IMPLICATIONS: The financial / budget implications are provided herein. In summary Council expects to move from a Budgeted Operating Deficit position to a forecasted Operating Surplus position at end of financial year 2010/11. In 2010/11 the forecasted operating position is expected to be similar to pervious years and is expected to result in a significant ‘budget turn-around’, with an original budgeted Operating Deficit of $666,325, to a forecasted position of +$450,808 (+$591,911). In 2010/11 this position is a direct result of unexpected and unbudgeted income and also as a result of a significant underspend in labour, contracts and materials in the order of $370K. STRATGEIC ALIGNMENT: Goal 5 - Maximise resources with open and effective leadership to improve

community opportunity. Outcome 5.2 – Well developed plan for the long-term operation of Council. Outcome 5.3 – Enhanced internal processes to ensure high standards of governance. RECOMMENDATION: 2010/11 – 3rd & FINAL BUDGET REVIEW REPORT

That; 1. Council receives and notes the Acting DCEO & Acting Finance Officers Budget Review Report. 2. Council adopts the 3rd and Final Budget Review and expected forecasted operating result

including an Operating Surplus of $450,808, subject to creditors and depreciation adjustments. 3. The Chief Executive Officer prepare the necessary reports in a timely manner to ensure Council

conducts its 2011/12 Budget Reviews in a timely manner and at the end of each quarter. 4. The Chief Executive Officer prepares the necessary reports in a timely manner to meet

prescribed timelines for the delivery of the audited ‘Final Financial Statements & Notes’ for 2010/11 to the Minister and the Grants Commission.

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ANNEXURE 1

District Council of Elliston

INCOME STATEMENT FOR THE YEAR ENDING 30 JUNE 2011

2010 / 2011

BGT

REV BGT

1

REV BGT

2

REV BGT

3

YTD

ACT

Variance

OPERATING REVENUE

RATES

1,744,597

1,744,597

1,744,597

1,744,597

1,767,661

23,064

STATUTORY CHARGES

31,718

31,718

31,718

31,718

23,957

(7,761)

USER CHARGES

50,587

50,587

50,587

50,587

61,904

11,317

GRANTS, SUBSIDIES & CONTRIBUTIONS

1,270,100

1,811,222

1,811,222

1,811,222

1,745,869

(65,353)

INVESTMENT INCOME

51,500

51,500

51,500

51,500

76,954

25,454

REIMBURSEMENTS

54,691

54,691

54,691

54,691

121,939

67,248

OTHER REVENUES

25,073

25,073

25,071

25,071

78,486

53,415

SHARE OF PROFIT - JOINT VENTURES & ASSOCIATES

0

0

0

0

0

0

TOTAL OPERATING REVENUE

3,228,266 3,769,388 3,769,386 3,769,386 3,876,770 107,384

OPERATING EXPENSES

EMPLOYEE COSTS

597,866

612,866

612,866

612,866

579,428

(33,438)

MATERIALS, CONTRACTS & OTHER EXPENSES

1,919,033

1,939,033

1,949,031

1,949,031

1,576,015

(373,016)

FINANCE COSTS

32,215

32,215

9,215

9,215

6,594

(2,621)

DEPRECIATION, AMORTISATION & IMPAIRMENT

1,322,377

1,322,377

1,322,377

1,322,377

1,315,695

(6,682)

TOTAL OPERATING EXPENSES

3,871,491 3,906,491 3,893,489 3,893,489 3,477,732 (415,757)

OPERATING SURPLUS (DEFICIT) BEFORE CAPITAL AMOUNTS

(643,225)

(137,103)

(124,103)

(124,103)

399,038

523,141

NET GAIN (LOSS) ON DISPOSAL OR REVALUATION OF ASSETS

(17,000)

(17,000)

(17,000)

(17,000)

51,770

68,770

AMOUNTS SPECIFICALLY FOR NEW OR UPGRADED ASSETS

-

-

-

-

-

-

PHYSICAL RESOURCES REC'D FREE OF CHARGE

- - - - - -

NET SURPLUS (DEFICIT)

(660,225) (154,103) (141,103) (141,103) 450,808 591,911

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District Council of Elliston

BALANCE SHEET FOR THE YEAR ENDING 30 JUNE 2011

2010 / 2011

BGT

REV BGT

1

REV BGT

2

REV BGT

3

YTD ACT

Variance

CURRENT ASSETS

CASH & CASH EQUIVALENTS

1,101,390

1,121,278

1,139,005

1,139,005

2,323,375

1,184,370

TRADE & OTHER RECEIVABLES

242,000

242,000

242,000

242,000

134,459

(107,541)

OTHER FINANCIAL ASSETS

0

0

0

0

0

0

INVENTORIES

55,000

55,000

55,000

55,000

27,481

(27,519)

OTHER CURRENT ASSETS

0

0

0

0

0

0

TOTAL CURRENT ASSETS

1,398,390 1,418,278 1,436,005 1,436,005 2,485,315 1,049,310

NON-CURRENT ASSETS

INFRASTRUCTURE, PROPERTY, PLANT & EQUIPMENT

29,385,588

29,815,589

29,731,695

29,731,695

28,485,241

(1,246,454)

OTHER NON-CURRENT ASSETS

0

0

0

0

0

0

TOTAL NON-CURRENT ASSETS

29,385,588 29,815,589 29,731,695 29,731,695 28,485,241 (1,246,454)

TOTAL ASSETS

30,783,978

31,233,867

31,167,700

31,167,700

30,970,556

(197,144)

CURRENT LIABILITIES

TRADE & OTHER PAYABLES

351,228

215,828

215,828

215,828

13,517

(202,311)

SHORT TERM BORROWINGS

57,220

57,220

57,220

57,220

33,740

(23,480)

SHORT TERM PROVISIONS

14,530

14,530

14,530

14,530

101,823

87,293

OTHER CURRENT LIABILITIES

0

0

0

0

0

0

TOTAL CURRENT LIABILITIES

422,978 287,578 287,578 287,578 149,080 (138,498)

NON-CURRENT LIABILITIES

TRADE & OTHER PAYABLES

0

0

0

0

0

0

LONG TERM BORROWINGS

296,519

375,686

296,519

296,519

(33,740)

(330,259)

LONG TERM PROVISIONS

147,360

147,360

147,360

147,360

64,521

(82,839)

OTHER NON-CURRENT LIABILITIES

0

0

0

0

0

0

TOTAL NON-CURRENT LIABILITIES

443,879 523,046 443,879 443,879 30,781 (413,098)

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TOTAL LIABILITIES

866,857

810,624

731,457

731,457

179,862

(551,595)

NET ASSETS

29,917,121 30,423,243 30,436,243 30,436,243 30,790,694 354,451

EQUITY

ACCUMULATED SURPLUS

4,921,467

5,427,589

5,440,589

5,440,589

7,054,594

1,614,005

ASSET REVALUATION RESERVE

24,995,654

24,995,654

24,995,654

24,995,654

23,736,100

(1,259,554)

OTHER RESERVES

0

0

0

0

0

0

TOTAL EQUITY

29,917,121 30,423,243 30,436,243 30,436,243 30,790,694 354,451

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District Council of Elliston

STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDING 30 JUNE 2011

2010 / 2011

BGT

REV BGT

1

REV BGT

2

REV BGT

3

YTD ACT

Variance

ACCUMULATED SURPLUS

BALANCE AT BEGINNING OF REPORTING PERIOD

5,581,692

5,581,692

5,581,692

5,581,692

6,603,787

1,022,095

NET SURPLUS (DEFICIT) FROM OPERATIONS

(660,225)

(154,103)

(141,103)

(141,103)

450,807

604,910

TRANSFERS TO RESERVES

0

0

0

0

0

0

TRANSFERS FROM RESERVES

0

0

0

0

0

0

ADJUST. TO COMPLY WITH REVISED ACC. STANDARDS

0

0

0

0

0

0

BALANCE AT END OF PERIOD

4,921,467 5,427,589 5,440,589 5,440,589 7,054,594 1,627,005

ASSET REVALUATION RESERVE

BALANCE AT BEGINNING OF REPORTING PERIOD

23,736,100

23,736,100

23,736,100

23,736,100

23,736,100

0

REVALUATION INCREMENT

1,259,554

1,259,554

1,259,554

1,259,554

0

(1,259,554)

REVALUATION DECREMENT

0

0

0

0

0

0

ADJUST. TO COMPLY WITH REVISED ACC. STANDARDS

0

0

0

0

0

0

BALANCE AT END OF PERIOD

24,995,654 24,995,654 24,995,654 24,995,654 23,736,100 (1,259,554)

OTHER RESERVES

BALANCE AT BEGINNING OF REPORTING PERIOD

0

0

0

0

0

0

TRANSFERS FROM ACC. SURPLUS (APPROPRIATIONS)

0

0

0

0

0

0

TRANSFERS TO ACC. SURPLUS (RECOUPMENTS)

0

0

0

0

0

0

BALANCE AT END OF PERIOD

0 0 0 0 0 0

TOTAL EQUITY

29,917,121 30,423,243 30,436,243 30,436,243 30,790,694 367,451

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BUDGET COMPARISON STATEMENT - SUMMARY

2010 / 2011 Financial Year

BGT REV BGT 1 REV BGT 2 REV BGT 3 YTD Act VAR

$ $ $ $ $ $

OPERATING INCOME

Council Administration

1,376,093 1,376,093 1,376,093 1,376,093 1,412,303 36,210

Business Undertakings

105,923 105,923 105,923 105,923 156,089 50,166

Community Services

20,741 20,741 20,741 20,741 24,634 3,893

Culture

2,500 2,500 2,500 2,500 2,202 (298)

Economic Development

0 0 0 0 0 0

Environment

340,189 340,189 340,189 340,189 349,429 9,240

Recreation

13,700 174,100 174,100 174,100 171,502 (2,598)

Regulatory Services

30,518 30,518 30,518 30,518 22,917 (7,601)

Transport

721,429 995,086 995,086 995,086 988,944 (6,142)

Other NEC

617,173 724,325 724,238 724,238 748,837 24,514

TOTAL OPERATING INCOME 3,228,266 3,769,475 3,769,388 3,769,388 3,876,857 107,384

OPERATING

EXPENDITURE

Council Administration

275,411 300,411 276,711 276,711 943,723 667,012

Business Undertakings

90,002 90,002 90,002 90,002 119,693 29,691

Community Services

161,853 171,853 172,553 172,553 114,949 (57,604)

Culture

21,998 21,998 21,998 21,998 15,238 (6,760)

Economic Development

41,720 41,720 41,720 41,720 3,667 (38,053)

Environment

504,288 504,288 504,288 504,288 389,409 (114,879)

Recreation

140,230 140,230 140,230 140,230 82,649 (57,581)

Regulatory Services

147,198 147,198 147,198 147,198 87,975 (59,223)

Transport

1,594,335 1,594,335 1,604,335 1,604,335 1,410,428 (193,907)

Other NEC

894,456 894,545 894,456 894,456 310,089 (584,454)

TOTAL OPERATING EXPENDITURE 3,871,491 3,906,580 3,893,491 3,893,491 3,477,821 (415,757)

OPERATING SURPLUS / (DEFICIT)

(643,225) (137,105) (124,103) (124,103) 399,036 523,139

Gain/(LOSS) ON DISPOSAL

(17,000) (17,000) (17,000) (17,000) 51,770 68,770

NET OPERATING SURPLUS / (DEFICIT) (660,225) (154,105) (141,103) (141,103) 450,807 591,909

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ANNEXURE 2

District Council of Elliston

PRINTED: 12 July 2011

BUDGET COMPARISON STATEMENT - SUMMARY CAPITAL EXPENDITURE

2010/11 Financial Year

BUDGET REVISED BUDGET 1

REVISED BUDGET 2

REVISED BUDGET 3

YTD Act VARIANCE

Infrastructure - 948608 605 Talia Caves Staircase Concrete Foundation 15,000 15,000 15,000 15,000 433 -14,567 *

502 Elliston Playground - (2009/10 unfinished project ) 147,900 147,900 147,900 147,900 70,508 -77,392 ***

613 Elliston Aerodrome - 417,501 417,501 417,501 $426,191 8,690 **

Sub Total $162,900 $580,401 $580,401 $580,401 $497,132 -$83,269 Buildings & Construction - 928473 606 Restoration of Lock Depot Shed 8,000 8,000 8,001 8,001 7,202 -799 *

507 Venus Bay Toilets & Paving (2009/10 unfinished project) 125,705 138,205 138,205 138,205 26,391 -111,814 ***

Subtotal $133,705 $146,205 $146,206 $146,206 $33,593 -$112,613 Plant and Equipment - 928491 510 Grader (2009/10) 215,000 215,000 215,000 215,000 215,017 17 **

608 Ford Ranger 4x4 works gang (For Work Gang) 11,300 11,300 11,300 11,300 9,427 -1,873 *

607 Doctor Vehicle (replacing Falcon FG XT S285-AAD) 14,000 14,000 14,000 14,000 14,888 888 **

609 Office Pool Car ( replacing Toyota Corolla XPI 390 (leased Car) 23,000 23,000 23,000 23,000 21,695 -1,305 *

610 Mower (ride) Elliston 5,800 5,800 5,800 5,800 4,455 -1,345 *

611 Emergency kit trailer, generator, kit light tower & traffic signals - Elliston 13,500 13,500 13,500 13,500 10,881 -2,619 *

612 Air-conditioning Units (Office, Council House B) 9,000 9,000 9,000 9,000 9,059 59 **

Subtotal $291,600 $291,600 $291,600 $291,600 $285,420 -$6,180

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Roads/Footpaths -948593 Unsealed Road Construction - re-sheeting 737,027 737,027 653,133 653,133 268,861 -384,272 ****

R2R - 948610 - Roads to Recovery (last year's R2R also included) 307,289 307,289 307,289 307,289 304,361 -2,928 ****

Subtotal $1,044,316 $1,044,316 $960,422 $960,422 $573,222 -$387,200 Utility & Other - 948669 519 Lock CWMS (unfinished project -2009/10) 120,000 120,000 120,000 120,000 10,270 -109,730 ***

520 Elliston Stormwater (09/10 unfinished project) plus Engineering Report 222,600 222,600 222,600 222,600 -222,600 *****

522 VB Storm Water (unfinished project -2009/10) 30,000 30,000 30,000 30,000 22,447 -7,553 ***

521 Elliston Transfer Station (unfinished project - 2009/10) 39,600 39,600 39,600 39,600 2,903 -36,697 ***

Subtotal $412,200 $412,200 $412,200 $412,200 $35,620 -$376,580 Office Equipment /Furniture - 928512 601 Server 10,000 10,000 10,000 10,000 3,103 -6,897 ****

602 6-UPS ($300 x 6) 1,800 1,800 1,800 1,800 1,885 85 **

603 DCEO - Lap top 2,500 2,500 2,500 2,500 3,816 1,316 **

604 OFFICE STAND 1,000 1,000 1,000 1,000 1,000 - Subtotal $15,300 $15,300 $15,300 $15,300 $9,804 -$5,496

TOTAL CAPITAL EXPENDITURE $2,060,021 $2,490,022 $2,406,129 $2,406,129 $1,434,791 -$971,338

* Capital expenditure came in under budget -22,509

** Capital expenditure came in over budget 11,054

*** Capital projects rolled over to 2012 -343,186

**** Road expenditure refer to notes in review report -394,097

***** Capital expenditure that has been held -222,600

-971,338

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\\LGESQL\Data\WPData\_GDS20 v4 New Filing System\9. Governance\24 Council Meetings\1.8 Council

Agenda & Minutes 2011\Agenda\f. Deputy CEO\g. ADCEO REPORT - 19th JULY 2011.docx

The District Council of Elliston

Acting DCEO Report

Ordinary Council Meeting

19th

July 2011.

MINUTES OF THE SECTION 41 COMMITTEE

District Council of Elliston & Coastal Facilities Servicing Committee, 6th June 2011

BACKGROUND:

At its Meeting in April 2011, Council resolved the following regarding the District Council of Elliston

& Coastal Facilities Servicing Committee;

Motion No. 158.2011

Act 1999 to manage and administer property coastal camping areas and projects namely Mt

Camel, Talia, Walkers Rocks, Locks Well and Sheringa on behalf of and / or with Council Staff

and directs the CEO to continue the necessary actions to establish this C

Motion No. 159.2011

The list of Members of the Section 41 Committee to manage and administer Councils coastal

camping facilities be accepted, including; Chairman Pat Clark, Anthony Ryan, Mark Venning,

Deb May, Peter Reeves

Motion No. 160.2011

Council adopts, as tabled the Terms of Reference with the following amendments;

Paragraph 1.1 and

Paragraph 2.1 nd

line,

by using vo

Paragraph 2.3

Paragraph 2.4 Remove references to Walkers Rock in all further paragraphs, Replace with

Motion No. 161.2011

Council directs the CEO to ensure that the Section 41 Committees are requested to

procedures, and OHSW requirements

eir inaugural Meeting on 6th

June 2011 at the

Elliston Council Chambers.

The purpose of this report is to present the Minutes of the Section 41 Committee held on 6th

June

2011, to Council, for endorsement or otherwise, and to provide advice and recommendations

regarding

District Council of Elliston & Coastal Facilities Servicing Committee .

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ATTACHMENT(S) / ANNEXURE (S):

Annexure 1 Minutes of the District Council of Elliston & Coastal Facilities Servicing

Committee Meeting, held on 6th

June 2011

Annexure 2 District Council of Elliston & Coastal Facilities Servicing Committee,

Terms of Reference, April 2011

COMMENTS / DISCUSSION:

District Council of Elliston & Coastal Facilities Servicing Committee

(DCE-CFSC), refer Annexure 1, recommend to Council that, the (ToR) of the

DCE-CFSC Committee be amended / clarified as follows;

That the District Council of Elliston & Coastal Facilities Servicing Committee recommends to Council

that;

1.

Clause 2.1 - appropriate third party agreements

2. Clause 2.4 amended to exclude first been

approved in Councils Annual Budget setting process and ; ie:

Clause 2.4 - The Committee is to ensure that any funding to be expended on the Coastal

Facilities has first been approved in Councils Annual Budget setting process and is undertaken

in compliance with Councils policies and accepted accounting practices and those relevant

invoices are presented to the Council Accounts Section in a timely manner

to;

Clause 2.4 - The Committee is to ensure that any funding to be expended on the Coastal

Facilities is undertaken in compliance with Councils policies and accepted accounting practices

and those relevant invoices are presented to the Council Accounts Section in a timely manner

3. Clause 8.3 f the Committee be clarified;

Clause 8.3 - Progressive income & expenditure reports against budget must be prepared

monthly and presented by the Committee to Council

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4. Clause 15.2 amended, with references to

; ie:

Clause 15.2 - To engage contractors or volunteers to carry out various services, maintenance

and repair work on the Walkers Rock Facilities, provided at all times that.... etc

to;

Clause 15.2 - To engage contractors or volunteers to carry out various services, maintenance

and repair work on the Coastal Facilities, provided at all times that.... etc

In regard to the above proposed amendments and clarifications presented for Councils

consideration, the following is provided to apprise Members regarding the appropriateness or

otherwise of the changes/amendments proposed by the Committee.

1. In relation to the proposed and recommended removal of Clause 2.1, by the Committee

Members are advised that this Clause would appear to be (as it is the first Objective in the ToR),

one of the most important Clauses of the Councils (adopted) ToR for the Committee, as it

establishes a key purpose of/for the Committee.

Council specifically included and amended this Clause at its Meeting held in April 2011,

Accordingly, to remove a key objective and a previously endorsed Clause would seem to be

contrary to the purpose of the Committee and the direction that Council has prescribed.

On this basis, it is NOT recommended District Council of Elliston &

Coastal Facilities Servicing Committee to remove Clause 2.1 be endorsed and the Clause remain

in the ToR, and Committee be advised.

2. In relation to the proposed and recommended amendment to Clause 2.4, to exclude

, from the Clause;

has first

been approved in Councils Annual Budget setting process and is undertaken in compliance with

Councils policies and accepted accounting practices and those relevant invoices are presented to

Members are advised that the inclusion of the first been approved in Councils Annual

Budget setting process budget and

expenditure is considered and approved by Council in the first instance.

ecessarily pertinent as it relates to the 2011/12

Budget Process, as no specific allocation of funds has been set aside for use by the Committee

and or its programs or projects.

It does appear however, that it is one of the roles of the Committee to source grant funds, and

therefore until such funds are sourced it is difficult for funds to be nominated in the budget.

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Once funds are sourced, because the Committee is acting for and on behalf of the Council, and

must act in accordance with the Local Government Act 1999 and financial regulations, any funds

sourced, would need to be included in Councils income statements, via a budget review process,

and any resultant expensing would also need to be documented in the appropriate manner as

required by regulation.

The ToR, are definite and specific in terms of Financial Management by the Committee, and also

in relation to reporting on financial matters:- in particular, Clause 8.3, states,

income and expenditure reports against budget must be prepared monthly and presented by the

, for consideration and approval. Clause 8.14, states, that

Based on the above, ie: that the financial controls in the ToR, are robustly stated, that the

Committee must act for and on behalf of Council, as if it were the Council, operating under the

Act, and given the proposed words to be removed are only pertinent to the budget setting

process, it is considered that the ToR are sufficiently appropriate to ensure appropriate financial

management in accordance with statutory obligations.

Accordingly, District Council of Elliston & Coastal Facilities Servicing

Committee to first been approved in Councils Annual Budget setting

process does not compromise

Financial Management, it is therefore recommended that the words, first been approved in

Councils Annual Budget setting process and the Committee be advised.

3. In relation to the request for clarification regarding Clause 8.3, the following is provided;

Clause 8.3 - Progressive income & expenditure reports against budget must be prepared

monthly and presented by the Committee to Council

Members are advised that the Council has, via the adoption and endorsement of the ToR, in

Motion No. 160.2011, expressly required that the Committee must, report monthly to the

Council, particularly as it relates to income and expenditure.

On this basis, the Committee is required to prepare a report for each Ordinary Council Meeting

for Councils consideration.

Members are informed that there should be no reason why the Committee cannot seek support

and assistance from the Council Administration to meet this requirement.

In addition to the above, it is also recommended that the Committee be requested to not only

report on financial matters, but also, formally table Minutes, and provide a short status report

(in writing), to each Ordinary Council Meeting.

It is recommended that the Committee be advised that in accordance with the ToR adopted by

Council for the Committee, Council requires that the Committee must, report monthly to each

Ordinary Council Meeting, particularly as it relates to income and expenditure. In addition, it is

recommended that the Committee be advised that this report be embellished and include a

short status report (in writing), and formally table any Minutes of the Committee for Councils

consideration and adoption or otherwise.

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4. In relation to the request to amend Clause 15.2, from;

Clause 15.2 -

and repair work on the Walkers Rock Facilities

to;

Clause 15.2 - ervices, maintenance

and repair work on the Coastal Facilities, provided at all times that.... etc

In accordance with Councils resolutions in April 2011, regarding this matter, reference to

Walkers Rock should have been changed to Coastal Facilities. Accordingly, the proposal and

endorsed.

It is therefore recommended that Clause 15.2, be changed and read as follows;

Clause 15.2 -

and repair work on the Coastal Facilities, provided at all times that....

In terms of other items in the Minutes of the District Council of Elliston & Coastal Facilities Servicing

Committee (6th

Walkers Rocks and Sheringa Camp Sites.

Should Council endorse this aspect, Council will need to

Charges for 2011/12 as part of adoption of the 2011/12 Budget.

In addition, the Committee in consultation with the Council Administration will need to prescribe

and document a procedure for collection of funds for this activity.

In relation to supporting changes to the ToR and/or decisions of the Committee, or NOT supporting

changes and decisions of the Committee, Members are reminded and advised that in accordance

with the Local Government Act 1999, the establishment of any Section 41 Committee does not

derogate from the power of the Council to act in a matter, and therefore amend and change or

position or recommendations to Council.

COMMUNICATION:

Minutes of the District Council of Elliston & Coastal Facilities Servicing Committee, Meeting held on

6th

June 2011, have been received.

CONSULTATION:

Nil

POLICY IMPLICATIONS:

Terms of Reference for the Section 41 Committee - District Council of Elliston & Coastal Facilities

Servicing Committee, have been developed and adopted by Council (April 2011), refer Attachment 2.

The ToR prescribe the, purpose, roles and responsibilities of the Committee, in terms of acting and

operating for and behalf of Council.

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STATUTORY REQUIREMENTS:

The Section 41 Committee is bound by and must act in accordance with the Local Government Act

1999.

In accordance with the Local Government Act 1999, the establishment of any Section 41 Committee

does not derogate from the power of the Council to act in a matter, and therefore amend and

FINANCIAL / BUDGET IMPLICATIONS:

Unknown (as at July 2011)

STRATGEIC ALIGNMENT:

Goal 3 Promote the enjoyment of our nature resources in a prudent and

environmentally sustainable manner.

Outcome 3.3.2 Support and Promote NRM planning & programs

Outcome 3.3.4 Encourage nature-based tourism and eco-tourism that is unique, adds value

to existing attributes and attracts new visitors to the region

RECOMMENDATION:

MINUTES OF THE SECTION 41 COMMITTEE

District Council of Elliston & Coastal Facilities Servicing Committee, 6th June 2011

That;

1. Council receives and notes the Minutes of the Section 41, District Council of Elliston & Coastal

Facilities Servicing Committee held on 6th June 2011.

2. The

Servicing Committee, be amended as follows;

a) first

;

b)

Walkers Rocks

3. The District Council of Elliston & Coastal Facilities Servicing Committee, be advised that Council

does not endorse the removal of Clause 2.1 of the District Council of Elliston & Coastal

Facilities Servicing Committee, Terms of Reference, as this Clause prescribes a key objective

of/for the Committee which has been previously endorsed by Council.

4. The District Council of Elliston & Coastal Facilities Servicing Committee, be advised that as

prescribed the Committee must, report monthly to

each Ordinary Council Meeting, particularly as it relates to income and expenditure.

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5. The District Council of Elliston & Coastal Facilities Servicing Committee, be advised that in

addition to 4. above, the Com report be embellished and include a

short status report (in writing), and also formally table any Minutes of the Committee for

Councils consideration and adoption or otherwise.

6. The District Council of Elliston & Coastal Facilities Servicing Committee, be advised that the

proposed Camping Fee of $10.00 per vehicle, per night at Walkers Rocks and Sheringa

Camping Sites is endorsed and approved by Council, and;

a) The Fee for Camping of $10.00 be

b) The District Council of Elliston & Coastal Facilities Servicing Committee, in consultation

with the Council Administration develop and document a procedure for collection of funds

for this activity

7. The District Council of Elliston & Coastal Facilities Servicing Committee, be formally thanked

for their work to date on progressing with the objectives of the Committee.

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Annexure 1

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Annexure 2

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The District Council of Elliston

Acting CEO Report

To Council Meeting 19th July 2011.

FINANCIAL REPORT ACTION ITEMS Finance Progress Reports to 12th July 2011 including 3rd 2010/11 Budget Review

The Finance reports for the month of June 2011 have been incorporated into the 3rd Budget

Agenda. The preparation of these documents and the Draft Annual Business Plan & Budget has

e and the monthly Cheques drawn / Electronic Funds Transfer Report for June is not available at the time of printing this Agenda. It will be produced and presented with the July report at the next ordinary Council meeting.

Recommendation: That Council acknowledges that the June 2011 Cheques Drawn / Electronic Funds Transfer Report has been delayed by the preparation of the Draft Annual Business Plan, Draft Budget and 3rd 2010/11 Budget Review and directs the ACEO to ensure the report is presented to the next ordinary meeting of Council. With the July report. Elliston Area School 31st Wool Show Request for funding.

The Elliston Area School will be holding the 31st Annual Wool Show on 5th November 2011 and the Elliston Community Information Centre (ECIC) has written to Council seeking $5,000 cash to assist in the running of the event. Previous requests by this body for this event have been met by allocation of funds from the Community Support Fund. Councillors will be aware that at this stage the Budget for 2011/12 has not been finalised, however Council has indicated that it will continue to allocate funds to the Community Support Fund and so may pre-allocate the distribution of those funds if it desires to do so.

Recommendation: That Council direct the CEO to pre-allocate $5,000.00 from the 2011/12 Community Support Fund to assist the Elliston Community Information Centre to run the 31st Annual Elliston Area School Wool Show on 5th November 2011. Section 41 (Elliston Playground Upgrade) Committee Minutes 6 June 2011.

The minutes of this committee meeting are attached for the information of elected members. The committee have requested that Council consider allocating $368.45 from the Community Support Fund to reimburse that committee for the development application fees arising from the installation of the shade structures at the playground. As outlined above, it is not unreasonable for Council to pre-allocate funds from the Community Support Fund at this time.

Recommendation: That the Council resolves to pre allocate $368.45 from the 2011/12 Community Support Fund to reimburse the Section 41 (Elliston Playground Upgrade) Committee for the development application fees arising from the installation of the shade structures at the playground.

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LGA Financial Services Nomination of Council Representative.

The LGA Financial Services (LGAFS) have advised Council of their Annual General Meeting to be held at the Convention Centre Adelaide on Friday 28th October 2011 in conjunction with a meeting of the LGA of SA. LGAFS have invited Council to nominate a representative to its Board and suggested that

LGAFS have also invited Council to of issues that concern the Council, to be discussed at the LGAFS AGM.

Recommendation: That Council nominates Cr. ................................. as its representative to both the Local Government Association of SA and the LGA Financial Services Board and directs that representative to provide the following Notice of Motion to the AGM of the Board .............................. on Friday 28th October 2011. Eyre Peninsula Local Government Association (EPLGA) Audit Committee Regulations.

The Executive Officer of the EPLGA, Ms Diana Laube, has written to Council seeking its support in the exemption of the EPLGA from new regulations requiring it to be subject to an Audit Committee as required by changes to the Local Government Financial Management Regulations 2011. The EPLGA and other similar Local Government organisations have for some time been suggesting to the Minister that they should be exempt from the Regulations as they present a low risk, have a low asset base and operating budget and provide no services direct to the public. It appears the previous Minister for Local Government was prepared to grant an exemption from these requirements, but recent advice has indicated that exemption has been withdrawn. The EPLGA now request Council to consider its position and provide a formal resolution seeking exemption from the requirements of section 17(3) of the Local Government Financial Management Regulations 2011 for the EPLGA. Recommendation: That Council receives the correspondence dated 16th June 2011 from the Eyre Peninsula Local Government Association (EPLGA) regarding the Local Government Financial Management Regulations 2011 and directs the ACEO to write to the EPLGA advising them that Council supports the exemption of that Association from the requirements of section 17(3) of the Local Government Financial Management Regulations 2011.

ITEMS FOR NOTATION

1. Audit Committee Minutes of the Meeting 7th July 2011.

Recommendation: That the ACEO Finance Report as printed in the Agenda, circulated and tabled be accepted.

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ACEO GENERAL REPORT ACTION ITEMS

Policy

Members will recall that at the last meeting Council resolved to direct the ACEO to amend the LGA model policy Resolution 224.2011) The Policy is included for the information of members. Members will be aware that Council is considering allocating funds for external legal advice in the 2011/12 Budget, this policy if adopted, would lay the foundations for the Chairman to seek and pay for that advice using those allocated funds.

Recommendation: That Council adopts the draft Seeking Legal Advice by Chairman Policy as printed in the Agenda and tabled at this meeting. Confidential Session pursuant to Section 90 of the Local Government Act 1999 Section 41 (CEO Governance Assessment) Committee Confidential Minutes of the meeting of 28th June 2011 RECOMMENDATIONS That Council resolves:

1. That pursuant to Section 90(2) of the Local Government Act 1999 the Council orders all members of the public, except Steve Woolley (Acting CEO) and Heather Barclay (Acting Deputy CEO) be excluded from attendance at the meeting for the following Agenda Item

Section 41 (CEO Governance Assessment) Committee Confidential Minutes of meeting 28 June 2011 and

2. To receive the Confidential Minutes of the Section 41 (CEO Governance Assessment)

Committee meeting of 28th June 2011 as tabled at this meeting and

3. That an order be made under the provisions of Section 91(7) of the Local Government Act, 1999 that the Confidential Minutes of the Section 41 (CEO Governance Assessment) Committee meeting of 28th June 2011 as tabled at this meeting, having been dealt with on a confidential basis under Section 90(3)(a) of the Act, should be kept confidential until the winding up of that Committee on the grounds that it involves;

a. information the disclosure of which would involve the unreasonable disclosure of

information concerning the personal affairs of a living person. Accordingly, on this basis, the principle that Meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential; and

4. The Acting Chief Executive Officer be authorised to revoke the order made when if

applicable and is to advise the Council of the revocation of this order at the first Council meeting after such revocation has occurred.

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SA Police Request to consider Dry Zones for Coastal towns New The Officer in Charge of the Crime Prevention Section of the Eyre & Western Local Service Area of SA Police, Sergeant Rene Steen, has written to Council requesting it to consider declaring the public areas of the coastal towns of Elliston, Port Kenny and Venus Bay as alcohol free (Dry Zones) for the period 9:00pm on 31st December 2011 until 8:00am on 1st January 2012. Sergeant Steen highlights SA Police concerns that these three towns currently do not have proclaimed Dry Zones and may be subject to large groups of young people congregating in the coastal towns and creating problems for residents including drunken behaviour, assaults, vandalism and other anti social behaviour. Elected members will be aware of the tragic results arising from similar activities at Streaky

alcohol consumption to licensed premises and private residences including caravan parks. Events held at sporting clubs, oval, halls or such would be subject to normal liquor licence controls and so would be exempt from the legislation, but may require additional crowd control measures. The proposed Dry Zones would not ban alcohol consumption at these venues, but would give Police Officers the ability to take action where alcohol is consumed in unlicensed public areas including the foreshores, jetties, roads, reserves, parks and gardens under Council control. It appears that the towns of Elliston, Port Kenny and Venus Bay may be the only coastal towns on Eyre Peninsula that will not have Dry Zones in place for this New

crowds will visit one or more of these towns. The ban would apply only for the stated period and Council would be able to review its actions in the New Year and determine if it wished to continue imposing the ban in future years. Council does have by-laws in place that restrict the consumption of alcohol in its parks and reserves, but administering the bylaws is cumbersome and does not allow Council Officers or Police to prevent the breach or seize alcohol.

any breach, impose penalties and seize / dispose of alcohol found in the declared Dry Zones. Copies of the supporting documentation are included for the information of members. If Council wishes to adopt the restrictions it needs to have conducted a 21 day public consultation process and lodged an application with the Office of the Liquor & Gambling Commissioner by 30th September 2011. SA Police will assist with the process.

Recommendations:

That Council direct the ACEO to meet with Sergeant Rene Steen of the Crime Prevention Section of the Eyre & Western Local Service Area of SA Police to fully explore the introduction of proposed Dry Zone legislation for Elliston, Port Kenny and Venus Bay from 9:00pm on Saturday 31st December 2011 until 8:00am on Sunday 1st January 2012 and present a report and maps of the proposal to the August meeting of Council. OR That Council directs the ACEO to write to Sergeant Rene Steen of the Crime Prevention Section of the Eyre & Western Local Service Area of SA Police to advise him that Council does not wish to introduce Dry Zone legislation for Elliston, Port Kenny and Venus Bay from 9:00pm on Saturday 31sr December 2011 until 8:00am on Sunday 1st January 2012.

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ITEMS FOR NOTATION

1. SA Department of Planning & Local Government Eyre & Western Region Plan Elected Members have received a Draft Consultation Plan dated June 2011 and are reminded that any submission must be received by 22nd August 2011.

2. Council of Australian Governments (COAG) Road Reform Plan (CRRP) Elected Members are encouraged to t in this Agenda on this topic and present any submission either verbally to Di Laube at EPLGA, or in writing to the ACEO by 31st July for forwarding and inclusion in the EPLGA submission. Di Laube of EPLGA has prepared a draft submission on behalf of all Eyre Peninsula

3. Elliston CFS Group AGM Elliston Group Shed 1st August 2011 at 7:30pm. The Group has decided to maintain a local fire prevention (advisory) committee which is not recognised within the legislation, and as such, at the meeting is not a statutory requirement. Elected members and the Fire Prevention Officer have been invited to attend, and are reminded that they have no authority to commit Council to any actions or expenditure. Such requests should be addressed to Council in writing to allow all elected members to consider the issue and ensure that adequate Budget & resources are available.

4. Acting CEO Annual Leave The Acting CEO has scheduled Annual Leave from Monday 22nd August until Friday 9th September 2011 (both dates included). During his absence the Acting DCEO will cover his duties in accordance with resolution 233.2011 and an agreement between the parties in

services, but will ensure that the services cover his absence.

5. DC Streaky Bay - Advice of invitation by that Council for the State Government Select Committee on Marine Parks to visit Eyre Peninsula.

6. Hon. Mike Rann Premier of SA Acknowledgement of receipt of correspondence from

DC Elliston regarding West Coast Marine Parks.

7. Honorable John Hill MP, advising of transfer of correspondence from DC Elliston relating to West Coast Marine Parks to Hon. Paul Caica MP Minister for Environment.

8. Elliston Apartments

on 8th October 2011.

9. E-mail from Cr Hancock regarding investigation into water re-use at Lock CWMS.

10. Australia Day Council of SA Call for Nominations for 2012 Awards.

11. Section 41 (Elliston Playground Upgrade) Minutes 4 July 2011.

12. Email from staff of Hon Rowan Ramsay Federal Member for Grey re removal of TV re-transmission levy in 2011/12 not impacting on Federal Government digital TV subsidy for users in latter half of 2013.

Recommendation: That Council notes items 1 to 12 of Items for Notation of General Report as printed in the Agenda, circulated and tabled.

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ITEMS FOR INFORMATION ONLY.

1. LGA Declaration of Poll LGA President is Mayor Kym McHugh of Alexandrina Council(Circular 26.2)

2. LGA Marine Parks Update (Circular 27.9)

3. EPLGA Tourism & Tourism Eyre Peninsula Funding Inaccuracies.

4. Australian Rural Road Users Group (ARRG) Newsletter No. 3 Recommendation: That the ACEO General Report as printed in the Agenda, circulated and tabled be accepted.

Steve Woolley

Acting CEO

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The District Council of Elliston

Acting CEO Report ERRATUM

To Council Meeting

19th July 2011.

The following corrections are required to Page 67 of the Agenda for the Ordinary Council Meeting of 19th July 2011:

Deletions are shown as strikethrough eg the Elliston Community Information Centre (ECIC) Additions are shown in Italics eg Sponsorship packages range

FINANCIAL REPORT ACTION ITEMS Elliston Area School 31st Wool Show Request for funding. (page 73 of Agenda)

The Elliston Area School will be holding the 31st Annual Wool Show on 5th November 2011 and the Elliston Community Information Centre (ECIC) has written to Council seeking $5,000 cash to assist in the running of the event. Sponsorship packages range from $500 to $50 or Council may elect to make some other donation. Previous requests by this body for this event have been met by allocation of funds from the Community Support Fund. Councillors will be aware that at this stage the Budget for 2011/12 has not been finalised, however Council has indicated that it will continue to allocate funds to the Community Support Fund and so may pre-allocate the distribution of those funds if it desires to do so.

Recommendation: That Council direct the CEO to pre-allocate $5,000.00 $_______ from the 2011/12 Community Support Fund to assist the Elliston Area School Community Information Centre to run the 31st Annual Elliston Area School Wool Show on 5th November 2011. ADDITIONAL REPORT Elliston Community Information Centre (ECIC) Application for Community Support Funding. (pages 79 to 80 of the Agenda)

The ECIC has been renovating the Elliston Community Hall for several years and has now reached Stage 2 involving the renovation of the Kitchen which needs to brought up to contemporary Commercial Kitchen standards to continue to cater for crowds of up to 200 people. The ECIC has estimated that this renovation will cost $85,995 or which it has raised $75,995, which includes extensive community support of labour, demolition, painting and accommodation costs.

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The ECIC Management have submitted a Community Support Funding Application for $5,000 being half of the expected shortfall and have indicated that the remaining $5,000 may be raised from a corporate sponsor. Councillors will be aware that at this stage the Budget for 2011/12 has not been finalised, however Council has indicated that it will continue to allocate funds to the Community Support Fund and so may pre-allocate the distribution of those funds if it desires to do so.

Recommendation: That Council direct the CEO to pre-allocate $_______ from the 2011/12 Community Support Fund to assist the Elliston Community Information Centre to renovate the Kitchen of the Elliston Community Hall. Recommendation: That the ACEO Finance (Erratum) Report as printed, circulated and tabled be accepted.