agenda of ordinary council meeting - 13 march 2019 · 3/13/2019 · council meeting agenda 13...

I hereby give notice that an Ordinary Meeting of Council will be held on:

Date: Wednesday, 13 March 2019

Time: 5.30pm

Location: Council Chambers

Minlaton Town Hall

57 Main Street

Minlaton

AGENDA

Ordinary Council Meeting

13 March 2019

Andrew Cameron

CHIEF EXECUTIVE OFFICER

COUNCIL MEETING AGENDA 13 MARCH 2019

CONFLICT OF INTEREST

Members are reminded of the requirements for disclosure by Members of direct or indirect pecuniary benefit or detriment and non-pecuniary benefit or detriment in relation to a material conflict of interest in accordance with Section 73, or an actual or perceived conflict of interest in accordance with Section 75 of the Local Government Act in items listed for consideration on the Agenda. Section 74 and 75A of the Local Government Act 1999 requires that Elected Members declare any interest and provide full and accurate details of the relevant interest to the Council. In relation to actual or perceived conflicts of interest a member has an obligation to outline how they propose to deal with the actual or perceived conflict of interest prior to consideration of that item on the Agenda.

This requirement does not apply to Ordinary Business Matters prescribed by regulation 8AAA Local Government Act (General) (Accountability and Governance) Variation Regulations 2016.

Each Member of a Council has a duty to vote at all meetings unless excepted by legislation.

The major exception being where a Member has a material conflict of interest.


Agenda

1 Welcome and Acknowledgement of Country by Mayor .................................................... 5

2 Opening Prayer .................................................................................................................... 5

3 Present ................................................................................................................................. 5

4 Leave of Absence ................................................................................................................ 5

5 Apologies ............................................................................................................................. 5

6 Conflict of Interest ............................................................................................................... 5

7 Minutes of Previous Meeting – for Confirmation ............................................................... 5

8 Motions on Notice ................................................................................................................ 6

8.1 Notice of Motion - Review of the Operations of the Development Department - Cr Adam Meyer ........................................................................................................ 6

9 Questions on Notice .......................................................................................................... 13

Nil

10 Questions without Notice .................................................................................................. 13

11 Petitions ............................................................................................................................. 13

Nil

12 Mayor .................................................................................................................................. 14

12.1 Mayor's Monthly Report February 2019 .................................................................. 14

13 Councillors’ Report ............................................................................................................ 18

13.1 Report on Attendance at ICAC Forum for Elected Members - Cr Jeff Cook ............ 18

INFORMATION AGENDA ............................................................................................................ 20

14 Items for Exclusion ............................................................................................................ 20

15 Receipt of Information Reports ......................................................................................... 20

16 Chief Executive Officer ...................................................................................................... 21

16.1 CEO Activities - February 2019 .............................................................................. 21

16.2 Action Listing Report .............................................................................................. 23

17 Corporate and Community Services ................................................................................ 26

Nil

18 Assets and Infrastructure Services .................................................................................. 27

18.1 Construction and Maintenance Works .................................................................... 27

18.2 Final Report - Point Turton Natural Playspace and Bike Trail ................................. 31

19 Development Services ....................................................................................................... 33

19.1 Inspectorial Report ................................................................................................. 33

19.2 Development Application Decisions ....................................................................... 36

19.3 Wastewater System Application Decisions ............................................................. 40

20 Visitors to the Meeting....................................................................................................... 42


DEBATE AGENDA ....................................................................................................................... 44

21 Mayor .................................................................................................................................. 44

Nil

22 Chief Executive Officer ...................................................................................................... 45

22.1 Request for Representative - YP Health Advisory Council...................................... 45

22.2 Policy Update - Council Ceremonies and Civic Events PO105 ............................... 49

22.3 Policy Update - Elected Members Training and Development Policy and Plan PO135 and PO135A............................................................................................... 54

22.4 Draft Code of Conduct for Council Members Complaints Procedure ...................... 66

23 Corporate and Community Services ................................................................................ 81

23.1 Seating - Maitland Town Hall Auditorium ................................................................ 81

23.2 Request for Exemption – Sale of Surplus Lawnmower ........................................... 87

23.3 Audit Commitee Annual Review 2018 .................................................................... 90

23.4 External Auditors Report (Audit Opinion) 2017/2018 ............................................ 112

23.5 PO139 Treasury Managment Policy Review ........................................................ 124

23.6 PO166 Related Party Disclosures Policy .............................................................. 131

23.7 Financial Report as at 28 February 2019 .............................................................. 147

23.8 Draft Long Term Financial Plan 2020 - 2029 ........................................................ 155

24 Assets and Infrastructure Services ................................................................................ 160

Nil

25 Development Services ..................................................................................................... 161

25.1 Proposal to Rezone Land at Black Point - Black Point Development Plan Amendment .......................................................................................................... 161

25.2 Submission on Draft Planning , Development Infrastructure Regulations ............. 175

26 General Business............................................................................................................. 185

CONFIDENTIAL AGENDA ......................................................................................................... 186

27 Confidential Items ............................................................................................................ 186

Nil

28 Next Meeting .................................................................................................................... 186

Wednesday 10 April 2019

29 Closure ............................................................................................................................. 186


1 WELCOME AND ACKNOWLEDGEMENT OF COUNTRY BY MAYOR

Meeting declared opened

2 OPENING PRAYER

3 PRESENT

4 LEAVE OF ABSENCE

Cr David Langford

5 APOLOGIES

Nil

6 CONFLICT OF INTEREST

7 MINUTES OF PREVIOUS MEETING – FOR CONFIRMATION

Ordinary Council Meeting - 13 February 2019

Confidential Council Meeting - 13 February 2019 – Purchase of One (1) Backhoe Loader Tender 194/2018

Confidential Council Meeting - 13 February 2019 – Bitumen Seal Program 2018/19 Tender 195/2018


Item 8.1

8 MOTIONS ON NOTICE

8.1 NOTICE OF MOTION - REVIEW OF THE OPERATIONS OF THE DEVELOPMENT DEPARTMENT - CR ADAM MEYER

Document #: 19/16114

I, Councillor Adam Meyer, give notice that at the next Ordinary Meeting of Council be held on 13 March 2019, I intend to move the following motion:-

RECOMMENDATION

That the Mayor with the assistance of the CEO, conducts a review of the operations of the Yorke Peninsula Council Development Department by:

The Mayor contacting Adelaide Architecture, Development, Building and Construction Supply firms via survey or questionnaire, to determine their experience and perceptions of Yorke Peninsula Council's Development performance.

The Mayor Surveying Yorke Peninsula Council and Copper Coast Building and Construction/Supply firms via Survey or questionnaire?

Confidentially surveying Elected Members, Staff and Ratepayers online or via proforma available from Council offices. Advertising survey via Yorke Peninsula Council Facebook/website and Yorke Peninsula Country Times article.

The Mayor contacting SA Business and Tourism industry organisations to seek feedback on how Yorke Peninsula Council can attract new Business and Tourism operators to the Yorke Peninsula Council area.

Researching the appropriateness of employing a suitably qualified Engineer/Planner to streamline the development experience and utilisation of these skills in all departments.

The CEO conducting a review of the Yorke Peninsula Council, Development Application Process.

The Mayor or CEO is to present results to Council prior to or during the October 2019 Council meeting, for Council to consider the results.

REASON

OBSERVATIONS

Feedback other Elected Members and I have received personally and our own observations:

1) Perception from some people is that the process is too slow

• Do we need benchmarks for processing?

2) Perception that some rules are too restrictive

• For example, requiring extra toilet facilities in cafes when they are already located across the road. (is there any way to relax this?)

3) Have heard the term ‘We need to wait until ……….. gets back from holidays’

• Are effective delegations in place when people are absent?

• Do we have enough adequately qualified staff to make decisions?

4) While the majority of feedback about experiences with staff has been positive, I have heard some contrary reports.

• We need a greater customer focus with a 'how can we help you?'

• Some communication styles (written and verbal) need to be reviewed


Item 8.1

5) There seems to be a reluctance to give advice in certain instances in case of liability

• What is the position on this?

6) Are there clear guidelines for both building companies who use the system all the time and also for the first-time novice to make the experience flow?

• Are the processes simple and clear?

• Do we have flowcharts and timelines?

7) There is a perception from some that that our Council is difficult to deal with. Perceptions are based on personal experience or just hearsay.

• We can deal with both cases by streamlining processes and better promotion and marketing our service.

• Surveying relevant companies, Elected Members, staff and rate payers to determine the level of this perception.

8) Projects with a major investment could have a liaison officer/project manager/customer manager, that takes a greater responsibility/leadership role in specific projects.

• For a Major builder

• For progress Associations that are looking to invest (example in case, if the Stansbury Progress Assoc had a council staff member who drove the process to replace the storm surge wall which Progress were willing to fully fund, it could have been beneficial to our council with no out of pocket costs. Progress associations etc may need greater support in this area instead of leaving it in the hands of unqualified volunteers

9) Reviewing a percentage of applications (approved and declined) to ensure an equitable standard approach is maintained across the decision process

10) Perception that some customers feel they have had a comparable project declined when others have been approved

11) Capturing applications and all subsequent communications of the process in electronic format, to streamline the process and ensure everything is recorded and can be reviewed easily

POSSIBLE FUTURE STRATEGIES DEPENDENT ON RESULTS OF THIS REVIEW

• Improving customer focus of the application process.

• Training / Qualification opportunities for existing and future staff.

• Liaising with industry organisations to attract business and tourism opportunities to the Yorke Peninsula.

• Liaising with construction, planning and building supply businesses to assist in improving the development experience for rate payers.

• Attracting professional employees with planning, engineering and legal qualifications, reducing expenditure to external firms for this service.

• Liaison Officer to assist Progress and other community organisations.

• Relationship Manager to be allocated to complex or complicated applications.

• Capturing all application records electronically to ensure integrity of applications and allow other officers to continue the process when staff are absent.

CONCLUSION

This discussion paper is to determine the accuracy of the listed perceptions and feedback.

A proactive review assists Yorke Peninsula Council, market itself as a progressive organisation, that shows the Development Department is keen to see "What can we do for you" or "How can we make something happen".


Item 8.1

Involving all stakeholders including Elected Members, Staff, Rate Payers and Industry Organisations is paramount to ensuring the process is fair, balanced and accurate.

The review could assist in attracting investment and employment to the Yorke Peninsula Council district.

This motion has been submitted after liaising with the Mayor, Elected Members, CEO and after receiving many representations during my current and previous term as an Elected Member from the people I represent.

I commend this Motion on Notice to you.

ATTACHMENTS

1. Motion on Notice - Review of the Operations of the Development Services Department - Cr Adam Meyer ⇩

CO_20190313_AGN_2153_AT_files/CO_20190313_AGN_2153_AT_Attachment_9617_1.PDF


Item 8.1- Attachment 1


9 QUESTIONS ON NOTICE

Nil

10 QUESTIONS WITHOUT NOTICE

11 PETITIONS

Nil


Item 12.1

12 MAYOR

12.1 MAYOR'S MONTHLY REPORT FEBRUARY 2019


Department: Executive Services

PURPOSE

To keep Elected Members updated on Mayoral activities during the month of February 2019.

RECOMMENDATION

That the report be received.

DISCUSSION

2 February Attended the opening of the resurfaced courts at Coobowie.

5 February CEO Andrew Cameron and I met with the Chair and CEO of Regional Development Australia Yorke and Mid North.

7 February Conducted a Citizenship Ceremony to welcome two new Australian Citizens on the beach at Port Minlacowie.

11 February Participated in the Elected Members Training Day.

13 February Monthly Council Meeting.

14 February CEO Andrew Cameron and I met with Sonny Coombs from the YP Country Times.

CEO Andrew Cameron and I attended a Welcome Lunch at Ardrossan for the National Keep Australia Beautiful Sustainable Communities Awards Judge.

CEO Andrew Cameron and I along with Council staff members Mary Herrmann, Stephen Goldsworthy, Anne Hammond and Grant Smith attended the National Keep Australia Beautiful Sustainable Communities Awards Judging Dinner at the Ardrossan Community Club.

15 February Attended the National Keep Australia Beautiful Sustainable Communities Awards Close of Judging at Ardrossan.

18 February CEO Andrew Cameron and I attended the Yorke Peninsula Council’s Alliance Meeting in Port Broughton.

19 February CEO Andrew Cameron, Cr Carruthers, Cr Bittner, Cr Bennett, Cr Meyer, Cr Murdock and myself attended the Great Southern Ark: Rewilding the Southern Yorke Peninsula Project Celebration and Launch event held at the Warooka Town Hall.

20 February Attended the Local Government Roundtable with the Premier and Minister for Transport, Infrastructure and Local Government, the Hon Stephan Knoll MP.

Attended the LGA President’s Mayors Networking Event in Adelaide.

21-22 February Elected Members District Tour.

25 February Attended the Carers Link Meeting at the Edithburgh Bowls Club.


Item 12.1

26 February Audit Committee Meeting.

27 February Monthly Elected Members Workshop.

28 February Attended retiring staff member Bill Robinson’s farewell.

I also had several meetings with ratepayers to discuss various issues.

Recent happenings worthy of note:

Thanks to Cr Naomi Bittner for volunteering at the Caravan and Camping Show in Adelaide. It’s great to see Councillors help promote our region in this way.

Congratulations to the team at Yorke Peninsula Tourism for receiving the Bronze Award for Destination Marketing at the Qantas Australian Tourism Awards. It’s fantastic to be recognised on the national stage.

A lunch meeting was held with Minister Knoll, Fraser Ellis the CEO and myself on March 5 at Ardrossan. We discussed Local Government reform, state roads, boundary reform and particularly the current situation of our Jetties. I congratulate the CEO in the way he informed and lobbied the Minister concerning our Jetties with Ardrossan as the case study. The information sheet was well presented, pointed out the issues in a clear and concise way, gaining great interest by those present (see attachment). I’m very hopeful that the meeting

may help our cause.

ATTACHMENTS

1. Ardrossan Jetty Information Flyer ⇩



Item 13.1

13 COUNCILLORS’ REPORT

13.1 REPORT ON ATTENDANCE AT ICAC FORUM FOR ELECTED MEMBERS - CR JEFF COOK



PURPOSE

To inform Council about a recent ICAC Forum for Elected Members that I attended in late February.

RECOMMENDATION


DISCUSSION

On 28th February I attended the ICAC Forum for Elected Members (EM) at the Festival Theatre. The event was well attended with approximately 300 soaking up the information from first, the Auditor General Mr Andrew Richardson, who reflected on LG examinations over recent times and the results, covering various matters including issues re Coober Pedy; credit card use; stormwater management etc.

He was followed by the Ombudsman Mr Wayne Lines who covered topics including EM general duties, Code of Conduct (and misconduct), Register of Interest requirements, Conflict of Interest requirements, the powers of the Ombudsman and when some matters become criminal matters; sanctions that he can recommend (read that as Order) and the various stages of investigation. His statistics were interesting for the year ending 30th June last year 2018.

974 approaches (re Local Government) resulted in 67 investigations:

44 Code of Conduct matters;

13 investigations;

10 reports finding breach of Code of Conduct;

22 investigations of LG referred from ICAC;

and 11 from Office of Public Integrity.

Next was The Hon Bruce Lander QC, who is also the ICAC Commissioner, who spoke initially representing the Office of Public Integrity and detailed the powers held by this office and investigations re administration and maladministration and conduct of officers re substantial mismanagement, incompetence, impropriety, negligence etc.

Elected Members = 6% of Council personnel, but make 29% of LG reports.

47% of reports about EM’s are made by other EM’s.

He said 80% of EM reports are trivial or unfounded, and he has better things to do than spend his time with such matters.

He had two words to cover this; “STOP IT!” or if we wanted him to expand on that, it was “JUST STOP IT!”

Overall it was a very interesting and informative day, and I can only recommend that if there is another one, that all EM’s consider attending – I’m confident you would not regret it.

ATTACHMENTS

Nil


INFORMATION

AGENDA


INFORMATION AGENDA

14 ITEMS FOR EXCLUSION

15 RECEIPT OF INFORMATION REPORTS


Item 16.1

16 CHIEF EXECUTIVE OFFICER

16.1 CEO ACTIVITIES - FEBRUARY 2019



PURPOSE

To keep Elected Members informed of meetings during the month of February 2019.

RECOMMENDATION


DISCUSSION

4 February Corporate Management Team Meeting.

5 February Mayor Braund and I met with the Chair and CEO of Regional Development Australia Yorke and Mid North.

11 February Elected Members Training Day.

12 February Enterprise Bargaining Agreement negotiations with the Australian Workers Union and outside staff.


Monthly Council Meeting.

14 February Mayor Darren Braund and I met with Sonny Coombs from the YP Country Times.

Mayor Darren Braund and I attended a Welcome Lunch at Ardrossan for the National Keep Australia Beautiful Sustainable Communities Awards Judge.

Council staff members Mary Herrmann, Stephen Goldsworthy, Anne Hammond and myself along with other community stakeholders made presentations to the National Keep Australia Beautiful Sustainable Communities Awards Judge on the cliff top at Ardrossan. Projects presented to the judge included the Windara Reef interpretive signs and display, the outdoor gym equipment and Walk the Yorke signage and bench.

Mayor Darren Braund and I along with Council staff members Mary Herrmann, Stephen Goldsworthy, Anne Hammond and Grant Smith attended the National Keep Australia Beautiful Sustainable Communities Award Judging Dinner at the Ardrossan Community Club.

15 February Local Government Professionals Board Meeting.

18 February Mayor Darren Braund and I attended the Yorke Peninsula Council’s Alliance Meeting in Port Broughton.

19 February Mayor Darren Braund, Cr Carruthers, Cr Bittner, Cr Bennett, Cr Meyer, Cr Murdock and myself attended the Great Southern Ark: Rewilding the Southern Yorke Peninsula Project Celebration and Launch event held at the Warooka Town Hall.

21-22 February Elected Members District Tour.


Item 16.1


Monthly Elected Members Workshop.

28 February Director Development Services Roger Brooks and I met with Frank Bernhardt at Yorketown.

Met with Nick Perry, Editor of the YP Country Times.

ATTACHMENTS

Nil


Item 16.2

16.2 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

BACKGROUND

The Action List was implemented to keep Council informed about the current status and outcomes of Council decisions.

DISCUSSION

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

ATTACHMENTS

1. Council Meeting Action List - March 2019 ⇩

2. Council Meeting Completed Action List - March 2019 ⇩




17 CORPORATE AND COMMUNITY SERVICES

Nil


Item 18.1

18 ASSETS AND INFRASTRUCTURE SERVICES

18.1 CONSTRUCTION AND MAINTENANCE WORKS


Department: Assets and Infrastructure Services

PURPOSE

To provide a summary of capital and maintenance works undertaken within Assets and Infrastructure Services throughout the month preceding the March 2019 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

Information regarding roadside vegetation maintenance activities undertaken by Council are detailed in the table below:

Road Name Start Point End Point Status

South

Cape Yorke Road South Coast Road Foul Bay Road Completed

Coonarie East Road Wild Dog Hill Road Foul Bay Road Completed

West Coast Road Daly Head Road Gleesons Road Current

Weavers North Road Trig Road Bowden Road Programmed

North

Black Swamp Road Yorke Highway Cook Road Completed

Melton South Road Old Boundary Road Clinton Road Completed

Melton South Road Clinton Road Westbrook Road Programmed

(Operations have been disrupted due to extreme weather conditions.)


Item 18.1

Patrol Grading is ongoing throughout the district aligned with current circuit, technique and available resources. The following matrix provides percentage (%) output over the twenty-four (24) day period for respective areas (sectors):

Area Output (%) Factors Influencing Productivity

North 96 Operators – 1 day Personal Leave

Maitland 80 Operators – 2 days Annual Leave / 3 days Personal Leave

Minlaton 67 Operators – 4 days Annual Leave / 4 days Personal Leave

South 46 Operators – 1 day Annual Leave (Vacant grader position not filled during this period.)

The status of road construction and maintenance requirements is summarised in the table below, complementing 2018/19 budget allocations:

Road Description of Works Work Status Estimated Completion Date

Reconstructing and Resheeting

Pine Point Road

Reconstruct and resheet a 5km section from James Well Road to Sandy Church Road.

Ongoing End-April 2019

Pine Point Road

Reconstruct and resheet a 4.5km section from 3km west of the Yorke Highway to Sandy Church Road.

Ongoing End-March 2019

Dump Road Reconstruct and resheet a 1.8km section.

Ongoing March/April 2019

Weavers North Road Reconstruct and resheet a 2km section.

Ongoing March/April 2019

Brutus Road Reconstruct and resheet a 2.4km section.


Old Port Vincent Road

Reconstruct and resheet a 2km section.


Sturt Bay Road Reconstruct and resheet a 3km section.

Ongoing End-June 2019

South Coast Road Reconstruct and resheet a 2km section.

Ongoing End-June 2019

Patch Sheeting

Cudmore Road 2 sections of patch sheeting (total area 3,150m2)


Mount Terrible Road 2 sections of patch sheeting (total area 4,000m2)


Moorowie Station Road

2 sections of patch sheeting (total area 2,400m2)


The following works/upgrades have been applied to Council’s Community Wastewater Management Schemes (CWMS), Water Schemes and Stormwater Harvesting Schemes:


Item 18.1

CWMS

o WWTP irrigation pump repaired Balgowan

o New valve chamber installed (pump station 2) Hardwicke Bay

o Relining of a section of gravity drain Maitland

o Blockages to gravity drain cleared Maitland

o WWTP aerator replaced Point Turton

o Repairs to irrigation solenoid system Port Victoria

Water Schemes

o Bore pump replaced Desalination Plant

Stormwater Harvesting Schemes

o New level valve installed to central storage dam Maitland

(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.)

The status of works forming part of the Main Township Footpath Replacement Programme is summarised in the table below:

Location Area Work Status

Yorketown All nominated areas. Completed

Warooka All nominated areas. Completed

Minlaton All nominated areas. Completed

Port Victoria All nominated areas. Completed

Ardrossan

First Street Between West Terrace and Fourth Street (southern side)

Completed

Second Street Between Fourth Street and Fifth Street (northern side)

Completed

Fourth Street Between First Street and Second Street (eastern side)

Completed

Fifth Street Between First Street and Second Street (western side)

Completed

Maitland

Robert Street Between Gardiner Street and Alice Street (eastern side)

Completed

Elizabeth Street Between Walter Street and Robert Street (southern side)

Completed

Elizabeth Street Between Walter Street and Caroline Street (southern side)

Completed

Robert Street Between Samuel Street and Rogers Terrace (western side)

Current

Approximately seventy-five (75) Customer Service Requests (CSRs) have been attended to by staff throughout February with activities including:

o Coastal infrastructure maintenance

o Footpath maintenance


Item 18.1

o Maintenance to public buildings

o Sealed and unsealed road maintenance

o Sign installation and replacement

o Tree trimming (townships)

Attention to parks, gardens and reserves is programmed in accordance with available resources. Needless to say the prolonged dry period has tested this area of Council’s activities; however, staff have more than met the challenged posed. A job well done by all.

Footpath rework has been completed within identified streets in Ardrossan, Edithburgh, Minlaton, Port Victoria and Tiddy Widdy Beach.

Jetpatching and street sweeping activities have been undertaken throughout the council area.

Two (2) BBQs at the Port Rickaby shelter have been replaced.

Car park areas at the Point Turton Natural Playspace and Bike Trail have been formed and other remedial works applied for the upcoming official opening.

Passive civil works have been undertaken at the Warooka cemetery, improving the aesthetics of the area in general.

ATTACHMENTS

Nil


Item 18.2

18.2 FINAL REPORT - POINT TURTON NATURAL PLAYSPACE AND BIKE TRAIL


Department: Assets and Infrastructure Services

PURPOSE

To provide information regarding the completion of the grant-funded works for the Point Turton Natural Playspace and Bike Trail.

RECOMMENDATION



Goal: 2 Community Connected through Infrastructure

4 Community Engaged and Supported

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

4.7 Foster productive working relationships with Progress Associations

BACKGROUND

In June 2017 Council was successful in receiving a grant of $157,260.00 (GST exclusive) from the Planning and Development Fund administered by the Department of Planning, Transport and Infrastructure (DPTI), for the Point Turton Natural Playspace and Bike Trail Upgrade project. Council entered into a Deed of Conditions of Grant (‘Deed’) with the Minister for Planning and Council.

At the time of the grant application, some contributions to be made by the Point Turton Progress Association (Progress Association) were pending subject to the outcome of other grant applications, and therefore DPTI advised they would amend the Deed to remove mention of the Progress Association commitment.

DISCUSSION

Whilst the Progress Association commitment was not included in the Deed, the Progress Association did not waiver in their commitment or intent for the project, and made financial, material and voluntary labour contributions. Working with Council’s Project Manager the Progress Association’s Working Party had the opportunity to be involved and provide invaluable input throughout the duration of construction. Council project managed the construction.

The project has seen the transformation of the existing playground into a natural playspace. Key features include:

a pendulum swing custom made from natural timber;

a three (3) bay swing, including two (2) strap seats and one (1) toddler seat custom made from natural timber;

a double rotomoulded slide attached to the existing concrete tunnel, with rock scramble for access;

a rotomoulded tunnel embankment slide on the hill with rock and log scramble for access;

a timber ship feature with authentic ship steering wheel;


Item 18.2

a water play feature, including water pump and rock; creek pavement; and jetty sleeper bridge;

two (2) sand play areas, including sand play kitchen and log trough;

a rustic timber picnic setting with log round seating;

three (3) large balancing logs/sideways trees;

three (3) large endemic climbing rocks;

various rock and log steppers, scrambles, retaining and balancing elements;

three (3) limestone seating walls;

two (2) round cement pavements ready for artistic mosaic pavement to be installed by the Progress Association;

a timber deck with three (3) cantilever canopies with blue Perspex roofing and timber slat bench seats;

a large ten (10) by four (4) metre picnic shelter with natural timber columns and colorbond cladding to the rear, including upgraded barbecue (directly purchased by the Progress Association); two (2) timber slab-top disable-access picnic settings; and rainwater tank (for water supply to the water feature);

landscaping, including shade trees and indigenous plantings; three (3) timber arbour features; and pathways with natural timber edging; and

connecting gravel pathway to Midway Road and associated services such as the local shop.

In addition, the project saw the development of a bike trail, which incorporates features for mountain bike riding and is made with features designed to challenge bike-handling skills, including:

switchbacks;

climbing turns;

berms;

jumps or step ups, including those made by gravel, rocks and logs;

balancing features, including those made by logs;

optional lines (where riders can choose to ride a feature that is purely optional);

trail flow that is ‘open and flowing’ with some ‘tight and technical’ features and suitable transitions between both types of flow;

grade reversals and pumps;

boulder roll-overs; and

rock chicanes (flip flops).

The Point Turton Natural Playspace and Bike Trail has been well-visited since the new year with positive social media commentary. The Point Turton Natural Playspace and Bike Trail will be an asset to Point Turton by being an attraction in its own right whilst also supporting current attractions, and community activities and services.

ATTACHMENTS

Nil


Item 19.1

19 DEVELOPMENT SERVICES

19.1 INSPECTORIAL REPORT


Department: Development Services

PURPOSE

To inform Council of the activities of the Inspectorial Team.

RECOMMENDATION




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

BACKGROUND

This report provides Elected Members with information relating to activities of the Inspectorial Staff.

DISCUSSION

During the past month Council’s Rangers have dealt with many routine matters including by-law compliance, nuisance complaints, and dog and cat management issues.

Wandering and Nuisance Dogs

Rangers investigated several reports of dogs being a nuisance and wandering at large.

A dog was detained after wandering at large in Minlaton. The dog owner was located via the microchip details. The dog owner received an Expiation Notice for dog wandering at large as it had wandered a considerable distance from its home.

Barking dog complaints have been investigated in Edithburgh and Maitland.

A Point Turton dog owner was contacted to collect her dogs as a result of a complaint of them being detained by a member of the public on a Saturday afternoon.

A Maitland dog owner was cautioned as a result of his dog escaping from its yard and subsequently wandering at large.

A Yorketown resident was cautioned as a result of her dog wandering at large.

Five Expiation Notices have been issued to dog owners for owning or keeping an unregistered dog.

A Point Turton resident has been cautioned as a result of his dog wandering at large and annoying persons walking their dogs past his house.

Dog Attack

A lady was walking along the beach at Parsons Beach on Australia Day with her children and a dog on a leash when a small dog, a white Maltese Terrier dog, came running aggressively towards them. This harassment caused the lady to fall over, resulting in a serious injury to her leg. Inquiries have located the owner of the offending dog, who lives in the Salisbury area. It is the intention to place a Nuisance Dog Control Order on this dog so that it is always kept on a leash in a public place.


Item 19.1

A dog, whilst wandering at large attacked a family’s pet cat in Edithburgh. After the attack, the dog was locked in a nearby yard so as to prevent any further attacks. The dog was subsequently collected by a Council Ranger and returned to the person responsible for the dog. The owner of the dog has been advised of Council’s intention to place a Menacing Dog Control Order on the dog. The cat involved in the attack has survived the incident. An Edithburgh resident was going for a ride on his gopher with his small dog on his lap through a local park. Another person was walking his dog on lead, but was unable to contain his dog as it lunged and attacked the dog on the gopher. As a result of the incident the dog on the gopher received extensive injuries and required veterinary assistance. The owner of the attacking dog was extremely apologetic and contacted the victim the following day and gave him a considerable amount of money to contribute towards any costs incurred. As a result of information received in relation to this attack, another Edithburgh resident came forward to report a similar incident involving the same dog that had occurred several weeks earlier, but at that time was unable to identify the address of the dog. Upon Council’s Ranger making contact with the owner of the offending dog, who resides between their Adelaide and Edithburgh properties, he advised that due to the recent incidents he has had the dog put down and will compensate the victims for any expenses. No further action was taken in relation to the incidents. A person was harassed by a dog whilst walking along Moores Drive, Hardwicke Bay. The owner of the holiday house from where the offending dog came, has not fully co-operated with our inquiries and subsequently we have not been able to identify the offending dog or dog owner. Bush Camping

Rangers conducted regular patrols at the bush camping reserves. Generally the sites have been well patronised, especially over the January long weekend. Several large groups were camping illegally at Flaherty’s Beach, Warooka. They were advised to move from the area otherwise risk receiving Expiation Notices for unauthorised camping. The Ranger attended the following morning and issued 10 Expiation Notices as a result of persons who had set up camp at that location. Two Expiation Notices were also issued to bush campers who had not obtained a permit whilst camping at Gleeson Landing and Daly Head. An Expiation Notice was also issued to a camper who set up in the Marion Bay Boat Ramp car park and to two persons who “swagged” it alongside their car for several nights in the Ardrossan Jetty Car Park.

Boat Ramps

Routine patrols of boat ramps have been undertaken to ensure that users are paying for the use of the facilities.

Thirty three notices have been placed on vehicles recently where a launch permit/ticket could not be observed. Those who can produce a valid permit/ticket and reason why the ticket was not displayed are cautioned for failing to display the ticket.

During the past month four Expiation Notices have been issued to users of the boat ramps for launching without a permit. Most of these Expiation Notices were as a result of follow up inquiries in relation to the notices that have been previously placed on a vehicle at the boat ramp which have not displayed a ticket.

Traffic Management

Council Rangers routinely patrol all townships for traffic management, including foot patrols, paying particular attention to disabled parking bays and vehicles parking on yellow lines and footpaths.

Expiation Notices has been issued to owners of vehicles for parking on a yellow line in Port Victoria and for not displaying a Disabled Parking Permit in Ardrossan. Several persons have been cautioned as a result of parking on the footpath in Maitland and Ardrossan.

Local Nuisance and Litter Control


Item 19.1

A complaint was received from an Ardrossan resident in relation to bees living in the cavity of an adjoining house that were being a nuisance. The owner of the house with the bees has been requested to take action to remedy the nuisance.

Three persons attended a beach located near Heel Road, Honiton and collected some timber and had a fire on the beach. As a result of the fire, many nails were dangerously left on the beach, together with some general litter. An Expiation Notice was issued to one of the offenders for the depositing of litter.

The owner of an unused shack at Sheoak Flat has been requested to remedy the unsightly state of their property.

Two owners of land at Point Turton have been contacted and requested to remedy the Local Nuisance being caused from dust emanating from their land.

Two complaints are being addressed in Yorketown in relation to roosters causing a Local Nuisance.

Fire Prevention

Fuel loads in townships continue to be monitored.

Further S105 Notices pursuant to the Fire and Emergency Services Act to reduce fuel loads on properties have been issued as a result of regrowth.

On Thursday 7 February 2019 at the Wakefield Regional Council in Balaklava, Council’s Senior Compliance Officer appeared before the Select Committee to present opinions in relation to the proposed amendments on the Fire and Emergency Services (Miscellaneous) Amendment Bill.

ATTACHMENTS

Nil


Item 19.2

19.2 DEVELOPMENT APPLICATION DECISIONS



PURPOSE

To inform the Elected Members of Development Application decisions for the period 4 February to 1 March 2019.

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 4 February to 1 March 2019.

Yorketown

544/1006/2017 544/1068/2018 544/1072/2018

544/1314/2018 544/1401/2018 544/1403/2018

544/1416/2018 544/1420/2018 544/1428/2018

544/1006/2019 544/1009/2019 544/1017/2019

544/1022/2019 544/1038/2019

Maitland

544/1181/2018 544/1247/2018 544/1287/2018

544/1383/2018 544/1397/2018 544/1402/2018

544/1410/2018 544/1412/2018 544/1431/2018

544/1443/2018 544/1007/2019 544/1021/2019

544/1044/2019

ATTACHMENTS

1. Approval Listing - Development Application Decisions - February ⇩



Item 19.3

19.3 WASTEWATER SYSTEM APPLICATION DECISIONS



PURPOSE

To inform the Elected Members of Wastewater Application decisions for the period 4 February to 1 March 2019.

RECOMMENDATION





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 4 February to 1 March 2019.

Maitland

050/035/2018

Yorketown

050/084/2018 050/094/2018 050/013/2019

ATTACHMENTS

1. Approval Listing - Wastewater System Application Decision - February ⇩



20 VISITORS TO THE MEETING

Nil


DEBATE

AGENDA


DEBATE AGENDA

21 MAYOR

Nil


Item 22.1

22 CHIEF EXECUTIVE OFFICER

22.1 REQUEST FOR REPRESENTATIVE - YP HEALTH ADVISORY COUNCIL



PURPOSE

To seek Council’s opinion on nominating a local government representative to the YP Health Advisory Council.

RECOMMENDATION

That Council nominate Cr …………………………. as the local government representative to the YP Health Advisory Council in accordance with their constitution.



Strategy: 5.2 Effective leadership and informed decision making

BACKGROUND

In the past a Councillor has been nominated as the local government representative on the YP Health Advisory Council, most recently is was Cr Veronica Brundell, prior to her it was Deputy Mayor Bowman.

DISCUSSION

Correspondence was received very late last year just prior to the Office Closure, seeking a representative from Council for a local government rep on the YP Health Advisory Council (copy attached). The meetings are held on the second Wednesday of the month from 2.00pm – 4.00pm, the same day as our Council meetings, therefore Members will need to consider that prior to nominating. The request is for a three year term but because Elected Members are here for a four year term, if Council does choose to make a nomination it would be prudent to make it for the four year Elected Member term.

COMMUNITY ENGAGEMENT PLAN

Level 1 - Inform

CONSULTATION PROCESS

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

Nil

In preparing this report, the following external parties were consulted:

Nil

POLICY IMPLICATIONS

Not applicable.

BUDGET AND RESOURCE IMPLICATIONS

Not applicable.


Item 22.1

RISKS/LEGAL/LEGISLATIVE/ IMPLICATIONS

External representation on Boards and Community Organisations provides Council with an opportunity to participate in the wider community pursuits, provided the representative has the capacity for involvement.

ATTACHMENTS

1. Request for Representative - Yorke Peninsula Health Advisory Council ⇩



Item 22.2

22.2 POLICY UPDATE - COUNCIL CEREMONIES AND CIVIC EVENTS PO105



PURPOSE

To seek endorsement and approval from Council for the updated PO105 Council Ceremonies and Civic Events Policy.

RECOMMENDATION

That Council endorse and approve the updated PO105 Council Ceremonies and Civic Events Policy for inclusion in Council’s Policy Manual and on the website.




5.8 Continuous improvement of Council processes

BACKGROUND

The PO105 Council Ceremonies and Civic Events Policy is due for review after last being updated in May 2016.

DISCUSSION

PO105 Council Ceremonies and Civic Events Policy has been reviewed with minor changes identified in red text in line with the appointment of a new Mayor. For the benefit of the newly elected

Council, this policy provides guidelines for Council events e.g. Australia Day, Anzac Day, Citizenship Ceremonies and other civic events.


Level 1 - Inform



Executive Assistant to the CEO and Mayor

Governance Officer


Nil

POLICY IMPLICATIONS

PO105 Council Ceremonies and Civic Events Policy


A budget allocation of $6,000 is provided for ANZAC Day support, other Civic Events are at the discretion of the Mayor and CEO. Funding is also incorporated into the budget for Citizenship Ceremonies conducted by the Mayor.


Item 22.2


It is essential that Council has the appropriate policies and delegations in place to ensure legislative compliance.

ATTACHMENTS

1. Policy PO105 - Council Ceremonies and Civic Events ⇩



Item 22.3

22.3 POLICY UPDATE - ELECTED MEMBERS TRAINING AND DEVELOPMENT POLICY AND PLAN PO135 AND PO135A



PURPOSE

To seek endorsement and approval from Council for the updated PO135 Elected Members Training and Development Policy and PO135A Elected Members Training and Development Plan.

RECOMMENDATION

That Council endorse and approve the updated PO135 Elected Members Training and Development Policy and PO135A Elected Members Training and Development Plan for inclusion in Council’s Policy Manual and on the website.





BACKGROUND

The PO135 Elected Members Training and Development Policy and PO135A Elected Members Training and Development Plan are due for review after last being updated in December 2016.

DISCUSSION

PO135 Elected Members Training and Development Policy and PO135A Elected Members Training and Development Plan have been updated in line with legislative changes. Some headings and sections identified by red text have been completely revamped in line with changes to the LGA

Training Standards for Council Members and requirements for newly appointed Council Members.

The policy and plan provide the foundation for professional development activities, mandatory training requirements and other discretionary training opportunities that will support Elected Members to undertake their responsibilities efficiently and effectively.


Level 1 - Inform



Executive Assistant to the CEO and Mayor

Governance Officer


Nil

POLICY IMPLICATIONS

PO135 Elected Members Training and Development Policy


Item 22.3

PO135A Elected Members Training and Development Plan


A budget allocation is incorporated for Elected Members training and professional development opportunities each year.


It is essential that Council has the appropriate policies and delegations in place to ensure legislative compliance and a fair, consistent, responsible and accountable process for reviewing grievances.

ATTACHMENTS

1. PO135 Elected Members Training and Development Policy ⇩

2. PO135A Elected Members Training and Development Plan ⇩




Item 22.4

22.4 DRAFT CODE OF CONDUCT FOR COUNCIL MEMBERS COMPLAINTS PROCEDURE



PURPOSE

To seek endorsement of the newly developed Code of Conduct for Council Members Complaints Procedure PR148.

RECOMMENDATION

That Council endorse and adopt the newly developed Code of Conduct for Council Members Complaints Procedure PR148.




BACKGROUND

Council’s Process for Managing Complaints and Breaches under the Code of Conduct for Council Members PFC123 (the Process) has recently been considered for review following recommendations made by the Local Government Governance Panel, Ombudsman SA and Norman Waterhouse Lawyers.

A procedure modelled upon the template available from the Local Government Association (LGA) is an option that should be considered as an alternative to the current Process. Accordingly, a draft procedure addressing the way in which complaints about Elected Member conduct will be managed has been developed.

DISCUSSION

The newly developed Code of Conduct for Council Members Complaints Procedure which has replaced the former PFC123 Process for Managing Complaints and Breaches under the Code of Conduct for Elected Members is presented now for adoption.

The LGA Guidelines require that this procedure is adopted within the first 12 months of a newly appointed Council. The timing of the introduction of this procedure is therefore considered optimal.

It is anticipated that the procedure should allow this process to be streamlined and easy to follow and proceed should any complaints be received. The addition of the mediation and conciliation steps should provide the ability to resolve most minor matters effectively.

At all times, whilst considering these matters, those involved in the process should ensure the principles of natural justice and/or procedural fairness are observed. Provisions have also been included to ensure adherence to the new legislated Public Interest Disclosure Act 2018.


Level 1 - Inform



Mayor Darren Braund


Item 22.4

Governance Officer

Executive Assistant to CEO and Mayor


Norman Waterhouse Lawyers

POLICY IMPLICATIONS

PO123 Code of Conduct for Elected Members

PO138 Caretaker Policy

PO147 Complaints Policy

PO148 Fraud and Corruption Prevention Policy

PO150 Gifts and Benefits Policy


The proposed Draft Procedure is likely to reduce the time, cost and impact of managing complaints under the Code by facilitating early involvement of independent parties without referral to the Elected Body.


It is important to ensure that Council’s processes for managing complaints relating to Elected Member behaviour accurately reflect all of the necessary steps required to appropriately manage a complaint under the Code.

Local Government Act 1999

Independent Commissioner Against Corruption Act 2012

Public Interest Disclosure Act 2018

Code of Conduct for Council Members, as published in the South Australian Government Gazette 29 August 2013

ICAC Directions and Guidelines – icac.sa.gov.au

LGA Model Complaints Handling Procedure under Council Member’s Code of Conduct

ATTACHMENTS

1. PR148 Code of Conduct for Council Members Complaints ⇩



Item 23.1

23 CORPORATE AND COMMUNITY SERVICES

23.1 SEATING - MAITLAND TOWN HALL AUDITORIUM


Department: Corporate and Community Services

PURPOSE

For Council to consider the receipt of assets Free of Charge (FOC) from the Maitland Music and Arts Club (MMAC) in the form of two hundred and eighty five (285) theatre seats to be installed in the Maitland Town Hall Auditorium and to authorise the redirection of Budget funds of $18,396 (excl. GST) to clean and install the new seats as well as the removal of the old, worn seating currently in place.

RECOMMENDATION

That Council:

1. accept the offer of two hundred and eighty five (285) new seats for the Maitland Town Hall Auditorium from the Maitland Music and Arts Club as assets free of charge at a value to be determined by future valuation, and;

2. approve the reallocation of funding of $18,660 from current budgeted operational initiatives to the removal of existing seating and the cleaning and installation of the new seating with no change to Council’s forecast operating result for 2018/2019.


Goal: 4 Community Engaged and Supported

Strategy: 4.4 Continue providing community grants, donations and sponsorships

4.6 Audit, assess, rationalise and upgrade community meeting halls and meeting spaces

BACKGROUND

Seating in the Maitland Town Hall Auditorium has been in place since the early 1950’s and has long been considered in need of replacement. Through an initiative of the Maitland Music and Arts Club (MMAC), replacement seating has been secured at no initial cost. This club has now requested Council assistance to replace the old seating with the new.

DISCUSSION

The Maitland Town Hall Auditorium is a Council owned asset with seating (approx. 300 in number) long considered in need of replacement. This replacement has been deferred repeatedly in the realisation of the cost of securing new seating.

Permission was granted by Council in 2006 for the MMAC to replace the seating however securing brand new seating was costed at approximately $210k and fund raising activities were inadequate to meet this cost and thus the old seating still remains.

The Maitland Music and Arts Club were able to secure appropriate second hand replacement seating, through an offer from Prince Alfred College, at no cost, an opportunity that the MMAC jumped at and many volunteer resources assisted in removing the seats from the College, transporting them to Maitland and storing them in facilities kindly donated by Malcolm Eglinton (refer Attachment 1 to this report).


Item 23.1

In considering how they could install the new seating the MMAC have sought to donate the seating to Council as an asset free of charge as well as requesting Council to meet the costs of removing the old seating, cleaning the new seating and installing the new seating.

Quotes have been sourced by MMAC for this work to be performed at a cost of $18,396.

The Committee of MMAC at their meeting held on 5th March 2019, have formally resolved to offer the new seating to Council at no cost (refer Attachment 2 to this report).

A formal valuation will need to be carried out should Council agree to accept these assets as recommended, however, it is generally accepted that this gifted asset is valued at in excess of $50k and probably higher.

In order to meet the cost of this request Council officers have reviewed budgets and have advised that $18,000 in the Development Services budget to build a new DPTI Planning Portal will not be required in this financial year due to delays experienced and recommended these funds be redirected to secure the introduction of the new seating. The remaining $660 will be sourced from general operational budget lines.

The transfer of these funds will not impact on Councils operating result and funds for the new portal will be re-included in a future budget as appropriate.


Level 1 - Inform

Community to be advised by publication of the minutes from this meeting of Council.



Corporate Management Team

Director Development Services

Manager Financial Services


Maitland Music and Arts Club

POLICY IMPLICATIONS

Not Applicable


A valuable opportunity is presented to replace aged and worn assets at no initial cost and a nominal cost to complete installation.

As funds for this project are to be sourced from current operating budget initiatives there will be no increase in cost during the 2018/2019 financial year.

Once a valuation of the assets has been undertaken Council will incur appropriate depreciation costs going forward.


Should Council not accept the offer of assets free of charge or not fund their installation the risk is that the community facility will become unusable in the future.

ATTACHMENTS

1. Attachment 1 - Letter of Request - Maitland Town Hall Seat Cleaning and Installation ⇩

2. Attachment 2 - Letter - Maitland Music and Arts Club - Auditorium Seating ⇩




Item 23.1


Item 23.2

23.2 REQUEST FOR EXEMPTION – SALE OF SURPLUS LAWNMOWER



PURPOSE

To seek Council’s endorsement of an exemption from PO072 Disposal of Land and Other Assets to facilitate a request from Maitland and District Progress Association to purchase a soon to be retired ride-on mower from Council.

RECOMMENDATION

That Council grant an exemption from its policy PO072 Disposal of Land and Other Assets to allow the sale of a soon to be retired Maitland based ride-on mower to Maitland and District Progress Association on the grounds that this action represents the best outcome for Council and the community by assisting Maitland and District Progress Association in their maintenance efforts for the Maitland Walking Track and BMX Track.


Goal: 4 Community Engaged and Supported

Strategy: 4.7 Foster productive working relationships with Progress Associations

BACKGROUND

Council generally disposes its retired assets via competitive bidding process or via simple trade-in on replacements as required by its policy PO072 Disposal of Land and Other Assets.

Council is required to approve any exemption from this policy, under clause 4.7 as shown below:

4.7 Exemptions from this policy

“This Policy contains general guidelines to be followed by the Council in its disposal activities. There may be emergencies, or disposals in which a tender process will not necessarily deliver best outcome for the Council, and other market approaches may be more appropriate. In certain circumstances, the Council may, after approval from its Elected Members, waive application of this Policy and pursue a method which will bring the best outcome for the Council. The Council must record its reasons in writing for waiving application of this Policy”.

DISCUSSION

In December 2018 an approach was made to Council by Maitland and District Progress Association (Progress) to purchase a soon to be retired ride-on lawnmower for the sum of $500. Progress indicated the mower was to be used to tow spray units used by Progress in maintaining the Maitland Walking Trail and the BMX track.

Council Operations staff consider that this outcome would benefit Council by ensuring maintenance was carried out on these attractions in Maitland without intervention from Council being necessary and also considered that the mower was unlikely to attract much, if any, more on the open market or as a trade.

Council approval is sought to approve the departure from policy in this case.


Level 1 - Inform


Item 23.2

Community will be informed via minutes of this meeting.



Operations Manager



Maitland and District Progress Association

POLICY IMPLICATIONS

PO072 Disposal of Land and Other Assets


It is not expected that the exemption, if approved, will impact financially on Council in any significant manner.


There is a small risk that other Progress Associations might feel they should have been given the opportunity to bid on the asset disposal as provided in the policy.

ATTACHMENTS

1. Offer to Purchase - Ride-on Mower - Maitland Progress Association ⇩



Item 23.3

23.3 AUDIT COMMITEE ANNUAL REVIEW 2018



PURPOSE

Council consideration of the 2018 Audit Committee Annual Report.

RECOMMENDATION

That Council endorse the 2018 Audit Committee Annual Report, Self-Assessment and Terms of Reference as presented and attached.



Strategy: 5.1 Openness and transparency of reporting Council’s performance

5.2 Effective leadership and informed decision making

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

BACKGROUND

Clause 13 of the Audit Committee Terms of Reference (TOR) requires the Committee to conduct an annual review and self-assessment of its performance with the aim being to ensure that the Committee is operating at maximum effectiveness and also provides an opportunity to recommend any changes to Council that are considered necessary. The review should include consideration of the TOR and recommendations for changes to them. This review is for the period 1 January 2018 – 31 December 2018.

At its meeting on Tuesday 26 February 2019 the Audit Committee endorsed its 2018 Annual Report and recommended to Council that it be adopted as presented.

DISCUSSION

Work Plan 2018

The completed work plan for 2018 is attached (refer Attachment 2) for Elected Members consideration. It should be noted that the meeting scheduled for 12 December 2018 was not held due to the unavailability of newly appointed Elected Members to the Audit Committee. As a consequence all items listed for consideration at that meeting were deferred (where relevant) to the Committee’s February 2019 meeting. Committee Self-Assessment

As part of the annual review each Committee member is asked to complete a self-assessment questionnaire which assists in assessing the effectiveness of the Committee. The questionnaire contains a number of questions which have been assessed by members using a scale of 1 (poor) to 5 (excellent). The self-assessment for 2018 was considered and endorsed by the Committee at its meeting on 30 October 2018. A copy is attached (refer Attachment 4) to this report for consideration by Elected Members.


Item 23.3

Annual Report

Clause 13 of the Committee’s TOR requires that the outcome of the annual review and self -assessment be reported to Council. The Annual Report (refer Attachment 1) has been prepared in the format recommended by the Local Government Association Financial Sustainability Information Paper 3 – Audit Committees. The attached Annual Report refers to the Committee’s Work Plan for 2019 (refer Attachment 5) which was endorsed by the Committee at its meeting in February 2019. The Committee decided however that it would like to hold five (5) meetings for the 2019 year with the October meeting to be dedicated solely to the Annual Financial Statements. All other tasks as contained in the attached Work Plan are to be schedule for the remaining four (4) meetings. As the attached Work Plan scheduled only four(4) meetings in total for the year staff were asked to review the best options for dates to accommodate five (5) meetings for the year and distribute these to Committee Members for review with discussion at the May 2019 Committee meeting. Terms of Reference (TOR)

The TOR of the Committee were considered and endorsed by the Committee at its meeting on Tuesday 26 February 2019. The TOR remain unchanged.


Level 1 - Inform



Director Corporate and Community Services


Audit Committee


Nil

POLICY IMPLICATIONS

Audit Committee Terms of Reference


Costs associated with the operation and administrative support required by the Audit Committee have been included in Council’s relevant adopted operating budget.


Medium risk that the annual work plan is not completed within the stated timeframes.

Non-compliance with TOR if annual review and self-assessment not undertaken and/or not reported to Council.

Local Government Act 1999 – Chapter 8

Local Government (Financial Management) Regulations 2011 – Part 5


Item 23.3

ATTACHMENTS

1. Annual Report - 1 January 2018 to 31 December 2018 ⇩ 2. Work Plan 2018 ⇩

3. Audit Committee - Terms of Reference ⇩ 4. Committee Self Assessment ⇩

5. Work Plan 2019 ⇩







Item 23.4

23.4 EXTERNAL AUDITORS REPORT (AUDIT OPINION) 2017/2018



PURPOSE

To provide Council with the external auditor’s report (audit opinion) on Council’s General Purpose Financial Statements and Internal Controls for 2017/2018 and associated letters, reports and declarations.

RECOMMENDATION

That Council receive and note the 2018 external auditor’s reports (audit opinions) and associated letters, reports and declarations.






5.5 Undertake effective risk management

BACKGROUND

At its meeting on 30 October 2018 the Audit Committee considered the 2017/2018 audited General Purpose Financial Statements and resolved as follows: Cr John Rich Moved Member Rob Reiman Seconded

That the Audit Committee: 1. Endorse the Chief Executive Officer and the Presiding Member of the Audit Committee to sign

the Certification of Auditor Independence; 2. Receive and note the Management Representation Letter to be signed by the Chief Executive

Officer and Director Corporate and Community Services and provided to the Auditor; 3. Recommend to Council that the audited General Purpose Financial Statements for the year

ended 30th June 2018 be adopted; and 4. Receive and note the Audit Completion Report tabled by Dean Newbery and Partners.

CARRIED 026/2018 (30/10/2018)

Ms Samantha Creten, Partner at Dean Newbery, was present at this meeting and presented Audit

Committee members with the opportunity to discuss the General Purpose Financial Statements.

On the recommendation of the Audit Committee the 2017/2018 audited General Purpose Financial

Statements were subsequently considered and adopted by Council at its meeting on Wednesday,

28 November 2018.


Item 23.4

Dean Newbery and Partners have since issued the following documents (refer Attachments 1-6):

2018 Balance Date Management Letter

2018 Letter to the Chief Executive Officer

2018 Certification of Auditor’s Independence

2018 Letter to the Mayor

2018 Audit Report

2018 Independent Assurance Report on the Internal Controls

The Audit Committee received and noted these documents at its meeting held on February 26 th 2019.

DISCUSSION

Letter to the Mayor This letter (refer Attachment 4) is issued to the Mayor and details the following:

Audit opinions have been issued without any qualification

Action has been taken to address, or is in the process of addressing, matters previously raised

The Auditors are satisfied as to the overall standard of Council’s accounting practices and financial affairs

The Auditors are also satisfied that Council’s Audit Committee has addressed all prescribed functions

That an Auditor Independence Declaration has been issued under Section 16A of the LG (Financial Management) Regulations 2011

The Balance Date Management Letter has been issued separately Independent Auditor’s Report (Audit Opinion) on Financial Statements

The Auditor has a responsibility to express an opinion on Council’s General Purpose Financial

Statements. The attached unqualified Audit Opinion (refer Attachment 5) states that, in the

Auditor’s opinion, the financial report presents fairly, in all material aspects, the financial position of

Council for the year ended 30 June 2018.

Independent Assurance Report on the Internal Controls

The Auditor also has a responsibility to express an opinion on Council’s compliance with Section

129(1) (b) of the Local Government Act 1999 in relation to the Internal Controls established by

Council to ensure that financial transactions relating to the receipt, expenditure and investment of

money, acquisition and disposal of property and incurring of liabilities have been conducted

properly and in accordance with law. The attached Audit Opinion (refer Attachment 6) states that it

is the Auditor’s opinion, that without qualification, Council has complied, in all material respects,

with Section 129(1)(b) of the Local Government Act 1999 in relation to Internal Controls for the

period 1 July 2017 to 30 June 2018.


Level 1 - Inform

The audited Statements and Auditor’s Report are publicly available via Council’s website and as part of Council’s 2018 Annual Report.





Item 23.4


Accountant – Financial Operations

Audit Committee

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

Dean Newbery and Partners Chartered Accountants

POLICY IMPLICATIONS

Not Applicable


Not Applicable


Local Government Act 1999 – Chapter 8

Local Government (Financial Management) Regulations 2011 – Parts 4 and 6

ATTACHMENTS

1. 2018 Balance Date Management Letter ⇩

2. 2018 Letter to the Chief Executive Officer ⇩ 3. 2018 Certification of Auditor Independence ⇩

4. 2018 Letter to the Mayor ⇩ 5. 2018 Audit Report ⇩

6. 2018 Independent Assurance Report on the Internal Controls ⇩








Item 23.5

23.5 PO139 TREASURY MANAGMENT POLICY REVIEW



PURPOSE

Consideration and endorsement of the PO139 Treasury Management Policy which has been recently reviewed and updated.

RECOMMENDATION

That Council endorse and adopt the new PO139 Treasury Management Policy, as presented, for inclusion in Council’s Policy Manual and on Council’s website.






BACKGROUND

As part of the regular review of Council’s suite of policies, the Treasury Management Policy has been reviewed and updated. This policy was last reviewed in 2017.

At its meeting on Tuesday 26 February 2019, Council’s Audit Committee considered the revised policy, noting the change to biennial review, and recommended that it be endorsed by Council.

DISCUSSION

Management of Council funds is governed by the Local Government Act and this policy provides the framework to ensure that funds are invested or borrowed in an efficient manner designed to mitigate risks, maximise returns and minimise costs where applicable.

The updated policy is attached (refer attachment 1) and the only change is amendment to the review period from annual to biennial.


Level 1 - Inform




Accountant – Financial Management

Audit Committee


Nil


Item 23.5

POLICY IMPLICATIONS

PO139 Treasury Management Policy


Nil


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


ATTACHMENTS

1. PO139 Treasury Management Policy ⇩



Item 23.6

23.6 PO166 RELATED PARTY DISCLOSURES POLICY



PURPOSE

Consideration and endorsement of the new Related Party Disclosures Policy.

RECOMMENDATION

That Council endorse and adopt the new PO166 Related Party Disclosures Policy, as presented, for inclusion in Council’s Policy Manual and on Council’s website.







BACKGROUND

The Local Government Act 1999 and the associated Local Government (Financial Management) Regulations 2011 require Council to prepare its Annual General Purpose Financial Statements in compliance with Australian Accounting Standards and the Model Financial Statements.

The Australian Accounting Standards Board (AASB) has previously amended Australian Accounting Standard 124 Related Party Disclosures (the Standard) to include not-for-profit sector entities, including local government, which had previously been exempt from this Standard. These requirements have applied to annual reporting periods commencing 1 July 2016.

Council has complied with the requirements in preparation of Annual General Purpose Financial Statements since the scope of the Standard was increased to include not-for-profit sector entities.

A recommendation has been made by Council’s external auditor following the May 2018 internal control review that a policy or procedure to be developed in relation to related party disclosures to ensure staff and elected members are aware of their responsibilities.

This policy would further serve as a means of introducing a consistent approach by Council that ensures all applicable related party disclosures are documented and disclosed in the financial statements.

Elected Members were provided with an overview on the proposed policy at a workshop on 13 February 2019.

At their meeting on Tuesday 26 February 2019, Council’s Audit Committee considered the draft policy and recommended it for endorsement by Council.

DISCUSSION

The objective of AASB124 is to ensure that an entity’s financial statements contain the disclosures necessary to draw attention to the possibility that its financial position and profit or loss may have been affected by the existence of related parties, and by transactions and outstanding balances, including commitments, with such parties.


Item 23.6

There are four types of related parties Council must consider when seeking to ensure compliance with AASB 124:

1. Entities related to Council;

2. Key Management Personnel (KMP);

3. Close family members of KMP; and

4. Entities that are controlled or jointly controlled by either 2 or 3 above.

KMPs are persons having authority and responsibility for planning, directing and controlling the activities of Council, directly or indirectly.

For Council, KMPs currently include the:

Elected Members (including the Mayor);

Chief Executive Officer; and

Directors.

Close family members are defined in detail in Appendix A of the policy attached.

A related party transaction is any transaction between Council and the above related parties, whether monetary or not, other than ordinary citizen transactions.

Ordinary citizen transactions are described as transactions that an ordinary citizen would undertake with Council, which is undertaken on arm’s length terms and in the ordinary course of carrying out Council’s functions and activities.

Disclosure of related party transactions in Council’s financial statements will only be made where a transaction has occurred between Council and a related party of Council, and the transaction is material in nature or size, when considered individually or collectively. In addition to disclosure of related party transactions the standard also requires Council to disclose compensation paid to KMPs in total separated across several mandated categories.

In order to meet the disclosure requirements of the standard, all KMP’s must periodically provide a related party declaration identifying any close family members and entities controlled or jointly controlled by any KMP or their close family members.

Related party declarations will be requested by appropriately authorised Council employees at least annually but may be requested more frequently depending on circumstances. An annual list of any related party transactions for review and confirmation will be forwarded to KMPs in July relating to the prior financial year.

The information collected in the declarations will be used for the purposes of preparing Council’s financial statements note disclosures. Appropriately authorised Council employees will maintain appropriate records to assess the related parties and related party transactions. The declarations and related party records are subject to audit as part of the annual audit by Council’s external auditors.

In preparing this policy the following publications and policies were referenced:

South Australian Model Financial Statements 2018 – Local Government Association of South Australia and South Australian Local Government Financial Management Group

Disclosure of related party transactions - Bulletin - Queensland Department of Local Government, Racing and Multicultural Affairs

AASB 124 Related Party Disclosures Implementation Guide - June 2017 - Government of Western Australia Department of Local Government and Communities

Accounting for Related Party Disclosures - Local Government Victoria

Related Party Disclosure Policy - Port Adelaide Enfield Council

Related Party Disclosures Policy - City of Gold Coast


Item 23.6

Related Party Disclosure Policy - Port Pirie Council


Level 1 – Inform.






Governance Officer


Dean Newbery & Partners (external auditors)

POLICY IMPLICATIONS

1. PO123 Code of Conduct for Council Members 2. 3. PO014 Code of Conduct for Council Employees


There are no direct financial management implications associated with this report, however it is worth noting the additional effort required to research, document and implement the reporting requirements.


Failure to implement the requirements of the standard may result in adverse auditing comments which may lead to a reputational risk to Council. This risk has been mitigated through the development of a comprehensive policy, education of staff preparing the disclosures and staff required to submit related party information.

ATTACHMENTS

1. PO166 Related Party Disclosures Policy ⇩



Item 23.7

23.7 FINANCIAL REPORT AS AT 28 FEBRUARY 2019



PURPOSE

For Council to consider the financial report and capital projects update report as at 28 February 2019.

RECOMMENDATION

That Council receive the financial report and capital projects update report as at 28 February 2019.





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

It should be noted that the recent sale of land subdivided from the Ramsay Dump is included in the numbers in the attached report (refer Attachment 1). The net proceeds from the sale were $466k after all expenses.

The attached financial reports are submitted with the following qualifications, comments and notes:

Actuals included in the Uniform Presentation of Finances (UPF) are as incurred at close of business on the last day of the month being reported and may be subject to end of month adjustments. Any such adjustments will be incorporated in the following monthly report.

The reports do not include year-end income and expense accruals.

Both reports include year to date Commitments i.e. orders raised but not yet paid for.

Attachment 1 - Uniform Presentation of Finances (UPF)

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

Rebates, totalling approximately $23m, have been raised for the 2018/2019 financial year but are only due and payable either in full in September 2018 or by quarterly instalments in September 2018, December 2018, March 2019 and June 2019.

o Note 1 - grants, subsidies & contributions of $1.4m received to date.

o Note 1 – $98k in dog registration income for 2018/2019 has been received so far.

This amount is not likely to increase significantly between now and the end of the 2018/2019 financial year.


Item 23.7

o Note 1 - income from building and planning activity of approximately $123k and

septic tank registration fees of approximately $23k is included.

o Note 1 - also included here are approximately $251k of reimbursements and

miscellaneous income.

o Note 1 - $2.03m collected for user charges (boat ramps, caravan parks, cemetery

fees, hall hire, etc.) are included in the total income.

o Note 2 - the following major expenditure has been paid in advance early in the

2018/2019 financial year as per the required payment terms with the goods and services to be delivered or consumed over the remainder of the financial year:

Memberships/Subscriptions/Contributions/Donations: $342k;

YP Community Transport annual contribution: $75k;

Regional Development Australia annual contribution: $31k;

Annual Progress Payments: $42k;

LG Elections contribution: $24k;

LGA annual membership: $30k;

Legatus annual membership: $11k;

Various staff professional accreditations/ memberships: $21k;

YP Tourism annual contribution: $48k;

LTFP template annual subscription: $6k;

YP Visitor Information Service licenses, online booking system, website maintenance, memberships: $4k;

Caravan Parks memberships, online booking system: $31k;

Donations/ contributions to Community Groups/Progress: $14k;

Miscellaneous minor items: $5k;

IT Licence Fees: $262k;

Plant & Equipment Registration: $127k.

o Note 2 - commitments of approximately $1.7m include orders worth approximately

$1.1m for waste management and refuse collection and disposal services in 2018/2019.

o Note 2 – finance costs (interest on loans) of $223k have been incurred year to date.

o Note 2 - depreciation for eight (8) months of the financial year has been included in

the YTD expenditure.

o Notes 3 & 4 - commitments of approximately $2.7m (including approved rollovers)

for various capital projects, details of which can be found in Attachment 2 of this report.

Attachment 2 – Capital Projects Update Report

o All Year to Date expenditure in this report includes invoices paid to date and orders

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

o It should be noted that the month end balances in the capital report are different to

those in Attachment 1 – UPF. This is due to the UPF reflecting the actuals as at the last day of the month, whereas the capital report includes some month end adjustments, correction to existing purchase orders and raising of new ones,


Item 23.7

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.


Level 1 - Inform





Budget and Project Managers




Nil

POLICY IMPLICATIONS

PO 142 Budget Reporting and Amendment Policy


This is the seventh update since the endorsement of Council’s 2018/2019 Budget in June 2018. At this stage financial performance remains on track against Council’s revised Budget.

The second quarterly review of Council’s 2018/2019 budget was endorsed by Council at the February 2019 Meeting. The endorsed adjustments are included in this report.

Expenditure on capital projects including commitments continues to increase as projects move into the construction phase. With four (4) months remaining in the 2018/2019 financial year 34% of the budgeted capital funds (including endorsed rollovers) remain uncommitted.


Monthly financial reporting provides a transparent and comprehensive reporting regime that allows Council to track performance against financial targets established in its annual budget.

Council risks being seen as not being transparent if financial performance is not reported periodically and Elected Members could be asked to make decisions without knowing the impact on Council’s financial position.

There is a significant risk that non-achievement of agreed milestones for grant funded capital projects could result in a delay in Council receiving grant funds, not receiving funds or having to return funds already received. This would have a significant negative impact on Council’s budget and cash flow.


Local Government (Financial Management) Regulations 2011

ATTACHMENTS

1. Uniform Presentation of Finances as at 28 February 2019 ⇩

2. Capital Projects Update as at 28 February 2019 ⇩




Item 23.8

23.8 DRAFT LONG TERM FINANCIAL PLAN 2020 - 2029



PURPOSE

To seek Council endorsement to engage in the public consultation process for the Draft Long Term Financial Plan 2020 - 2029 (LTFP).

RECOMMENDATION

That Council endorse the Draft Long Term Financial Plan 2020 - 2029 for public consultation.






5.4 Seek alternate income streams and ensure financial sustainability

BACKGROUND

As required by the Local Government Act 1999 and the Local Government (Financial Management) Regulations 2011, Council must regularly review its Long Term Financial Plan (LTFP) in accordance with actual and budgeted financial results to be used as a tool in the decision making process. As part of this process Council consults with the community and considers all feedback prior to adoption of the revised LTFP.

Council currently has a LTFP for the period of 2019 – 2028 (adopted on 11 April 2018) which has been reviewed and a revised LTFP covering the period from 2020 – 2029 has been developed.

The revised LTFP reflects current income and expenditure trends and indicators, internal and external factors impacting Council operations, the current political and economic environment and available asset information.

As required the revised LTFP will be advertised for public consultation commencing Thursday 14 March 2019.

DISCUSSION

The revised LTFP 2020 - 2029 as presented builds on the financial and sustainability principles and strategies of the current adopted LTFP 2019 – 2028. The revised LTFP uses as a base, the 2018/2019 September Quarter revised Budget estimates and the 2017/2018 audited Annual Financial Statements.

In the preliminary stages of development of the revised LTFP, Council’s Corporate Management Team (CMT) provided input and direction on the key objectives and outcomes expected of the LTFP. They endorsed key financial strategies and income and expenditure parameters for Council to achieve financial sustainability in the short to medium term (1 – 5 years) and then maintain it for the balance of the revised LTFP.

Various models were developed to arrive at the draft revised LTFP which was then presented to CMT where it was endorsed for presentation to Elected Members (EM’s).


Item 23.8

The draft revised LTFP was then presented to EM’s at the February 2019 workshop and any concerns and questions addressed. The detailed presentation touched on all aspects of the LTFP and also included modelling to show the impact of rate capping and any increase to depreciation likely to result from recent valuations.

Goals and Desired Outcomes

The objective of the draft LTFP for the financial year commencing 2019/2020 through to 2028/2029, is to ensure that Council is financially sustainable in the short to medium term (1 – 5 years) and able to provide at least the current level of services over the ten (10) years of the plan in line with Council’s five (5) goals as stated in its 2016 – 2020 Strategic Management Plan (SMP).

The revised LTFP builds on the current LTFP adopted by Council on Wednesday, 11 April 2018 and will replace it should Council adopt this version following community consultation. The revised LTFP has been developed taking into account current data (financial and service level), cost indices, internal and external factors, forecast trends, current political environment, revenue streams, limitations and community needs.

The key targets in this LTFP are:

Positive Operating Surplus Ratio (OSR) i.e. operating surplus, in the short to medium term

(1 – 5 years);

Spending on asset renewal consistent with AMP identified needs, depreciation levels and

Asset Sustainability Ratio (ASR) minimum (100%) targets from Year 1 (2019/2020) of the

Plan;

Net Financial Liabilities Ratio (NFLR) to be within the recommended Local Government target

of 100% of Operating Income from Year 1 (2019/2020) of the Plan;

No new services or assets or increases to existing services to be introduced without

consideration of the impact on the LTFP.

Outcomes Achieved

The revised LTFP recommends a rating strategy that seeks to achieve a degree of stability and predictability over the next ten (10) years, while ensuring current levels of service and infrastructure are maintained for the Community. Rates will be set at affordable levels having regard to Council’s strategic direction and its social and economic goals balanced against the Community’s ability to pay and its desire for services and infrastructure.

Rate revenue forecasts are based on Consumer Price Index (CPI) (All groups CPI, Adelaide) plus a ‘financial sustainability’ increase over and above CPI for the early part of the LTFP to ensure targets are likely to be met.

This increase over and above CPI is applied as follows:

1.7% in Year 1,

1.3% in Year 2,

1.05% in Year 3,

0.8% in Year 4 and

0.55% in Year 5.

From Years 6 – 10 of the revised LTFP rates increases revert to CPI only given the Financial Sustainability increase is no longer required based on current income and expenditure forecasts. As a result of savings from Service Level Reviews completed and other changes experienced the revised LTFP 2020 - 2029 proposes total rate increases that are 6% less than the adopted LTFP 2019 – 2028, over the ten (10) year period.


Item 23.8

For full details on the annual proposed rate increases refer to the ‘Rates’ section of the revised LTFP which is provided under separate cover as Attachment 2 to this report.

Other sources of income continue to remain stagnant or diminish with reliance on rate revenue increasing as the biggest source of revenue for Council. Grants and subsidies from various levels of Government continue to remain uncertain due to the volatile political environment.

Continuing with the increased focus on renewal of existing assets, Council over the life of this revised LTFP, is proposing to allocate $104.65 million towards renewal of existing assets, with 82% or $86.3 million of that specifically for transport assets (mainly roads). An additional $2 million over ten (10) years is allocated for upgrades to existing assets and acquisition of new assets.

Based on the proposed income and expenditure forecasts in the revised LTFP and a ‘business as usual’ approach, taking into account the impact of recently completed service level reviews, Council will achieve a positive Operating Surplus Ratio in Year 2 (2020/2021) and continue to increase that surplus for the rest of the LTFP to ensure availability of funds to meet asset renewal targets.

The minimum Asset Sustainability Ratio target of 100% is achieved in Year 1 (2019/2020) and forecast to be increased for the rest of the LTFP thereby going some way to addressing backlogs in this area.

Council’s forecast Net Financial Liabilities Ratio continues to be well below sector recommended maximum limits.

There has been significant financial improvement in the last five (5) years, however in order for Council to meet its short and long term targets and ensure financial sustainability, this trend needs to continue.

If the revised LTFP is adopted as presented and annual Budgets continue in line with the revised LTFP, Council will achieve its aims as stated. Council must also continue to review its operations to realise savings resulting from increased productivity, efficiency and effectiveness. Any such gains will be reflected in future revisions of this LTFP.


Level 2 - Consult

If the recommendation above is endorsed by Council the draft revised LTFP 2020 - 2029 will be advertised for public consultation commencing Thursday, 14 March 2019 and concluding Wednesday, 3 April 2019. Advertising will be facilitated by local paper notices, Council’s web site and social media pages as well as letters/advice to key community groups throughout the district as indicated in the Community Engagement Plan at Attachment 1 to this report.

The outcome of the public consultation process will be reported to Council at its April 2019 meeting for consideration in formally adopting the revised LTFP 2020 – 2029.



CMT

Budget Managers




Nil

POLICY IMPLICATIONS

PO142 Budget Reporting and Amendment Policy

The LTFP is part of the suite of Council’s Strategic Management Plans.


Item 23.8


The budget and resourcing implications are as detailed in the attached draft LTFP. As mentioned earlier the LTFP is developed on a ‘business as usual’ model taking into account the impacts of any recently completed service level reviews.


Local Government Act 1999 Local Government (Financial Management) Regulations 2011

Not having an LTFP or having one that is outdated could result in Council making decisions without knowing the impact on its long term financial position. Further there is a risk that Council may not know what financial strategies it needs to adopt and implement to achieve financial sustainability.

ATTACHMENTS

1. Draft Long Term Financial Plan 2020 - 2029 (under separate cover)

2. Community Engagement Plan - Draft Long Term Financial Plan ⇩




24 ASSETS AND INFRASTRUCTURE SERVICES

Nil


Item 25.1

25 DEVELOPMENT SERVICES

25.1 PROPOSAL TO REZONE LAND AT BLACK POINT - BLACK POINT DEVELOPMENT PLAN AMENDMENT



PURPOSE

That Council consider initiating a process to review the appropriateness of the current zoning at Black Point.

RECOMMENDATION

That Council initiate the process to review the appropriateness of the current zoning at Black Point.



Strategy: 1.2 Deliver strategic and responsible land use planning

BACKGROUND

The pending introduction of a new Planning System for South Australia is intended to be

implemented across Regional Councils by late 2019. This will involve the conversion of the present Council Development Plan to the new format Planning and Design Code which will include a

comprehensive set of planning rules for development assessment purposes classified into zones,

subzones and overlays.

The Planning and Design Code will incorporate planning policies from the current Development Plan

but is intended to be simplified through a reduction in the number of separate Zones and Policy

Areas. Hence, it is timely that the relevance of the policies for Black Point be reviewed.

DISCUSSION

The process of rezoning land at Black Point would include, but not limited to the following;

Consultation on proposed zone changes with the Black Point, Pine Point and surrounding

property owners.

Consultation with staff at the Coast Protection Board in respect to future coast protection works at Black Point.

A review of infrastructure limitations at Black Point and in particular water and effluent disposal issues.

A general review of the zoning at Pine Point and in particular involving land in the Rural

Living Zone, Policy Area 3, at the intersection of Black Point Road and the St Vincent Highway.

Consultation with the Department of Planning, Transport and Infrastructure regarding the development of new policy to align with the new Planning system expected to be in place in late 2019.


Item 25.1

Consultation with the Department of Environment and Water regarding the future of the

Crown lease shacks at Black Point.

A review of existing policies in the Settlement Zone and in particular a review of the relevance of the specific policy for Black Point contained in Black Point Policy Area 3 and Table YoP/5 - Design Guidelines for Black Point.

A preliminary report addressing the above matters would be presented to the Council for consideration prior to 30 July 2019. A full report on the proposal produced by Councils Planning Consultants Access Panning is attached (Attachment 1).


Level 3 - Participate



Chief Executive Officer

Acting Manager Development Services


Access Planning

POLICY IMPLICATIONS

Not applicable


Costs associated with the review will be absorbed within current/budget limitations.


Development Act 1993

Development Regulations 2008

ATTACHMENTS

1. Access Planning - Black Point DPA Report ⇩

2. Community Engagement Plan ⇩




Item 25.2

25.2 SUBMISSION ON DRAFT PLANNING , DEVELOPMENT INFRASTRUCTURE REGULATIONS



PURPOSE

To seek endorsement from Council on a submission to the draft Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations and Practice Directions.

RECOMMENDATION

That Council endorse the submission to the Department of Planning, Transport and Infrastructure in regards to the Planning, Development and Infrastructure Variation Regulations and Practice Directions.



5 Responsible Governance


1.2 Deliver strategic and responsible land use planning


BACKGROUND

In 2016, the Planning, Development and Infrastructure Act 2016 (PDI Act) was passed by the South

Australian Parliament. The PDI Act is being “switched on” in stages, and will be fully operational by 2020. The PDI Act sets out a new way in which development applications will be assessed across the state.

The changes in the PDI Act are supported by the draft Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019 (the draft Regulations), which were on consultation from 14 January to 1 March 2019.

The draft Regulations set out:

how the new development assessment framework will operate

the roles and responsibilities of applicants, state, local and other authorities in assessing applications

the process for managing disputes in the development assessment

DISCUSSION

Council Staff along with staff from Copper Coast, Port Pirie, Barunga West and Wakefield Regional Councils attended a training session with Kelledy Jones Lawyers on the Draft Regulations on 19 February 2019. Following the training session, Kelledy Jones were engaged to draft a joint submission covering each Council’s comments with each Council sharing the cost equally.

The submission can be viewed as (Attachment 1). Given the limited public consultation timeframe, which ended on 1 March 2019, the comments have been submitted to the Department Planning Transport and Infrastructure for consideration in their review. Endorsement of the submission is now sought from Council for the matters raised in the submission.


Item 25.2


Level 1 - Inform



Chief Executive Officer

Acting Manager Development Services


Kelledy Jones Lawyers

Port Pirie Council

Copper Coast Council

Barunga West Council

Wakefield Regional Council

POLICY IMPLICATIONS

Not applicable


Whilst there are no budget or resource implications associated with the recommendation, the draft Regulations will have budget implications for Council in regards to fees, charges, and resources, however these impacts are largely unknown at this time.

Costs associated with drafting the submission will be shared equally amongst the participating Councils. Council’s portion of the fee will be absorbed in the current Budget.


Not applicable

ATTACHMENTS

1. Joint Submission on PDI Regulations & Practice Directions ⇩ 2. Draft Planning, Development and Infrastructure (General) (Development Assessment)

Variation Regulations 2019 (under separate c⇩over)




26 GENERAL BUSINESS

Section 85 of the Act requires that matters on the Agenda are described with reasonable “particularity and accuracy” and reports and other documentation to be considered at a meeting are available to the public prior to the meeting. The practice of general business should be restricted to matters of urgency.


CONFIDENTIAL AGENDA

27 CONFIDENTIAL ITEMS

Nil

28 NEXT MEETING

Wednesday 10 April 2019

29 CLOSURE

agenda of ordinary council meeting - 13 march 2019 · 3/13/2019 · council meeting agenda 13...

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