mid murray council =================== … · budget for a feasibility study into the development...

2054. 12/7/2010

MID MURRAY COUNCIL ===================

MINUTES OF THE MEETING OF COUNCIL HELD

IN THE COUNCIL CHAMBERS, MAIN STREET, CAMBRAI

ON MONDAY, 12 JULY, 2010

PRESENT:

Mayor I R Mann OAM, Councillors D J Burgess, I K Bormann, R N Schultz, J L Howie (until 3-00 p m), M L Rudloff, K P Myers, K B Sayers, M F Morrissey, K E Yeates and B J Taylor.

IN ATTENDANCE:

Mr D H Gollan, Chief Executive Officer, Mr R S Bourne, Director, Corporate & Financial Services, Mr K L Goldstone, Director, Development & Environmental Services, Mr J P Fry, Director, Infrastructure Services (at 9-25 a m), Mr S P Wilkinson, Financial Accountant (until 11-02 a m), Mrs C L Budarick, Minute Secretary.

COMMENCEMENT AND WELCOME: 9-00 A M The Mayor declared the meeting open and welcomed all present. APOLOGY: Was received from Cr P J Milsom. 12054/1 Cr Howie moved that the apology be received. Seconded Cr Burgess. CARRIED. SHORT TERM SUSPENSION OF PROCEEDINGS: 9-01 A M 12054/2 Cr Sayers moved that the operation of Regulation 21 of Local Government (Proceedings at Meetings) Regulations be invoked to suspend the operation of Part 2 of the Regulations to allow for presentation of submissions and for informal discussion on the draft Business Plan and draft Budget for 2010/11. Seconded Cr Taylor. CARRIED.

12/7/2010

PRESENTATIONS OF SUBMISSIONS RELATING TO THE DRAFT ANNUAL BUSINESS PLAN AND BUDGET 2010/2011: The Mayor asked if members of the public had any questions or wished to make a submission on the draft Annual Business Plan and Budget. 9-02 A M Rob Graetz, Sedan resident expressed his concern at the amount Council proposed to borrow as detailed in the draft Annual Business Plan and budget. 9-05 A M Mr Peter Smith OAM, Mannum resident expressed his concern at the amount of borrowing for capital works and also the amount of $20,000.00 allocated for a feasibility study into the Mannum Sporting Precinct. Stating that this matter has previously been investigated. Written submissions from the following were discussed – Mr B L Schultz: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Leesa Lewis: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Peter Kuhlmann: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the website submission is attached. Andrew Wilson: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Debra Wilson: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached.

12/7/2010

PRESENTATIONS OF SUBMISSIONS RELATING TO THE DRAFT ANNUAL BUSINESS PLAN AND BUDGET 2010/2011 CONT’D: P & J Wilson: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Sue & Dave Pinnington: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Mannum Football Club Inc: Being letter of support in relation to Council allocating funding in the draft budget for a feasibility study into the development of a combined sporting complex at the Mannum Oval precinct. A copy of the letter is attached. Caloote Landing Progress Association Inc: Being request for an electric barbecue within the community picnic area at the Caloote Landing Reserve. A copy of the letter and our response is attached. Collier Park Management Committee: Being request for one or two coin operated barbecues at Collier Park. This request is from their 11 March 2010 minutes. Mannum Community College: Requesting that the upgrading of the footpath adjacent to the Mannum Community College be a matter of priority and reconsidered for inclusion on the 2010/2011 Budget. A copy of the letter is attached. Waikerie Ministers’ Assoc Inc: Requesting a donation to assist with the School Chaplains Program at the Blanchetown, Morgan and Cadell Schools. A copy of the letter is attached.

12/7/2010

PRESENTATIONS OF SUBMISSIONS RELATING TO THE DRAFT ANNUAL BUSINESS PLAN AND BUDGET 2010/2011 CONT’D: Peter Graetz: Providing comments on the Draft Annual Business Plan and Budget. A copy of the submission is attached. Fiona Koch: Providing comments on the Draft Annual Business Plan and Budget. A copy of the submission is attached. Mannum Netball and Mannum Tennis Clubs: Thanking Council for including an amount of $20,000.00 on the draft 2010/2011 budget to assist with the cost of resurfacing the tennis/netball courts at the Mannum Oval A copy of the email is attached. 9-25 A M Mr J P Fry attended the meeting. J W & L M Gillies: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Linden Olives: Objecting to the level of borrowing and rate increase as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Vern Nuske: Objecting to the level of borrowing as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Mrs H R McGorman: Objecting to the rate increase, with no additional services to the area, as proposed in the Draft Annual Business Plan and Budget. A copy of the website submission is attached.

12/7/2010

PRESENTATIONS OF SUBMISSIONS RELATING TO THE DRAFT ANNUAL BUSINESS PLAN AND BUDGET 2010/2011 CONT’D: Ross Dawkins: Providing comments on the Draft Annual Business Plan and Budget. A copy of the submission and photographs are attached. Hedley & Jan Pohl: Objecting to the level of borrowing and rate increase as proposed in the Draft Annual Business Plan and Budget. A copy of the submission is attached. Audit Committee Report: Cr Bormann, Chairperson of the Audit Committee, tabled her report on the Committee meeting held on 8 July 2010, during which the Draft Budget and Annual Business Plan and submissions from the public were discussed. 10-17 A M RESUMPTION OF PROCEEDINGS: 12058/1 Cr Burgess moved that the operation of Part 2 of the Local Government (Proceedings at Meetings) Regulations be resumed. Seconded Cr Bormann. CARRIED. ADOPTION OF ANNUAL BUSINESS PLAN: 12058/2 Cr Myers moved that pursuant to and in accordance with Section 123 of the Local Government Act 1999 and Regulation 5A of the Local Government (Financial Management) Regulations 1999, having considered all submissions in accordance with Section 123(6) of the Local Government Act 1999, and in respect of the financial year ending 30 June, 2011 the Annual Business Plan for the year as laid before the Council and amended at this meeting be adopted. Seconded Cr Taylor. CARRIED. FINANCIAL POLICIES: 12058/3 Cr Sayers moved that for 2010/2011 Council fund its accrued Annual Leave and accrued Long Service Leave to the amount of $250,000.00. Seconded Cr Howie. CARRIED.

12/7/2010

ADOPTION OF FINANCIAL ESTIMATES: 12059/1 Cr Taylor moved that in respect of the financial year ending 30 June, 2011 the following amendments be made to the financial estimates contained in the Draft Budget for 2010/2011;

Increase Rate Income from valuation adjustments $16,062 To result in an Estimated Cash Deficit Balance as at 30 June, 2011 of $36,315 and Operating Surplus Balance of $201,269 and that the financial estimates for the year as laid before the Council and amended at this meeting, be adopted, such estimates involving -

(a) a total estimated expenditure (excluding depreciation) of $18,137,465; (b) a total estimated income from sources other than rates of $8,866,710; (c) a total amount required to be raised from rates of $9,270,755

Seconded Cr Burgess. Amendment: 12059/2 Cr Howie moved that in respect of the financial year ending 30 June, 2011 the following amendments be made to the financial estimates contained in the Draft Budget for 2010/2011;

Increase Rate Income from valuation adjustments $16,062

Reduce Expenditure Parker Street, Mannum $264,000 Reduce Expenditure Drainage & Roadworks, Purnong Road $160,000 Reduce Expenditure Trail Bike Signs $15,000

Savings to be applied against proposed loan borrowings $455,000

To result in an Estimated Cash Deficit Balance as at 30 June, 2011 of $52,315 and Operating Surplus Balance of $157,369 and that the financial estimates for the year as laid before the Council and amended at this meeting, be adopted, such estimates involving -

(a) a total estimated expenditure (excluding depreciation) of $17,707,075; (b) a total estimated income from sources other than rates of $8,420,320; (c) a total amount required to be raised from rates of $9,286,755

Seconded Cr Yeates. The Amendment was put and was Carried. The Amendment became the motion which was Carried.

12/7/2010

ADOPTION OF BUDGET: 12060/1 Cr Sayers moved that pursuant to and in accordance with Section 123 of the Local Government Act 1999 and Regulation 5B of the Local Government (Financial Management) Regulations 1999, having considered the Budget in conjunction with, and determined the Budget to be consistent with, the Council’s Annual Business Plan, in respect of the financial year ending 30 June, 2011 the 2010/2011 Budget as laid before the Council at this meeting comprising:- 1. a budgeted Income Statement; and 2. a budgeted Balance Sheet; and 3. a budgeted statement of Cash Flow; and 4. a budgeted statement of Changes in Equity; and 5. a summary of operating and capital investment activities in a manner

consistent with the Uniform Presentation of Finances; and 6. budgeted Financial Indicators; and 7. the Operating Surplus Ratio estimate; and 8. the Asset Sustainability Ratio estimate; and 9. the Net Financial Liabilities Ratio estimate, be adopted and it is noted that the Operating Income is sufficient to meet projected Operating Expenses for the 2010/11 financial year. Seconded Cr Burgess. CARRIED. ADOPTION OF CAPITAL VALUATIONS: 12060/2 Cr Bormann moved that in accordance with Section 167(2)(a) of the Local Government Act 1999, and in respect of the financial year ending 30 June, 2011 the most recent valuations of the Valuer General available to the Council of the Capital Value of the land within the Council’s area be adopted for rating purposes totalling $2,036,826,120. Seconded Cr Yeates. CARRIED. ATTRIBUTION OF LAND USES: 12060/3 Cr Myers moved that in accordance with the powers contained in Chapter 10 of the Local Government Act 1999, and in respect of the financial year ending 30 June, 2011 the Council declares the attribution of land uses in the assessment record for rating purposes be in accordance with the categories of land use prescribed by Regulation 10 of the Local Government (General) Regulations 1999. Seconded Cr Burgess. CARRIED.

12/7/2010

DECLARATION OF RATES: 12061/1 Cr Bormann moved that, having taken into account the general principles of rating contained in Section 150 of the Local Government Act 1999 and the requirements of Section 153(2) of the Local Government Act 1999, and pursuant to Sections 153(1)(b) and 156(1)(c) of the Local Government Act 1999, the Council declare differential general rates for the financial year ending 30 June, 2011 on the capital value of all rateable land within the area, varying according to the locality and use of the land, as prescribed by Regulation 10 of the Local Government (General) Regulations 1999, as follows:- (1) in respect of rateable land within the Townships of Barton, Blanchetown,

Cadell, Cambrai, Dutton, Greenways, Keyneton, Mannum, Morgan, Palmer, Nildottie, Purnong, Sedan, Swan Reach, Truro and Tungkillo a differential rate of 0.46 cents in the dollar of the capital value of rateable land with land use categories 1, 2, 3, 4, 5, 6, 8 and 9; and

(2) in respect of rateable land within the Townships of Blanchetown, Cadell, Cambrai, Dutton, Keyneton, Morgan, Palmer, Mannum, Nildottie, Purnong, Sedan and Tungkillo a differential rate of 0.46 cents in the dollar of the capital value of rateable land with land use category 7; and

(3) in respect of rateable land within the Townships of Barton, Greenways, Swan Reach and Truro a differential rate of 0.366 cents in the dollar of the capital value of rateable land with land use category 7; and

(4) in respect of all other rateable land a differential rate of 0.366 cents in the dollar of the capital value of rateable land.

Seconded Cr Taylor. CARRIED. DECLARATION OF MINIMUM RATE: 12061/2 Cr Burgess moved that pursuant to Section 158(1)(a) of the Local Government Act 1999, the Council fixes a minimum amount of $452.00 payable by way of general rates on rateable land within the area of the Council for the year ending 30 June, 2011. Seconded Cr Sayers. CARRIED. SEPARATE RATE – NATURAL RESOURCES MANAGEMENT LEVY: 12061/3 Cr Yeates moved that pursuant to Section 95 of the Natural Resources Management Act 2004 and Section 154 of the Local Government Act 1999, a separate rate of 0.0075 cents in the dollar based on the capital value of land, be declared on all rateable land within the area of the Council and within the area of the Murray Darling Basin Natural Resources Management Board in order to reimburse the Council the amount contributed to the Board for the year ending 30 June, 2011. Seconded Cr Burgess. CARRIED.

12/7/2010

RESIDENTIAL RATE CAP: 12062/1 Cr Howie moved that pursuant to Section 153(3) of the Local Government Act 1999 the Council determines that it will not fix a maximum increase in the general rate to be charged on rateable land that constitutes the principal place of residence of a principal ratepayer because the Council provides relief in the nature of a rate cap for all properties pursuant to Section 166(1)(l) of the Act. Seconded Cr Bormann. CARRIED.

PAYMENT OF RATES BY QUARTERLY INSTALMENTS: 12062/2 Cr Myers moved that pursuant to Section 181(2) of the Local Government Act 1999, and in respect of the financial year ending the 30 June, 2011 all rates are payable in 4 equal (or approximately equal) quarterly instalments falling due on the following dates -

1st quarterly instalment due on 15 September, 2010 2nd quarterly instalment due on 15 December, 2010 3rd quarterly instalment due on 15 March, 2011 4th quarterly instalment due on 15 June, 2011

provided that in cases where the quarterly account requiring payment of rates is not sent at least 30 days prior to the due date for payment, or an amended account is required to be sent, authority to fix the date by which rates must be paid in respect of those assessments affected is hereby delegated this 12 July, 2010 to the Chief Executive Officer of the Council in exercise of the power contained in Section 44 of the Local Government Act 1999. Seconded Cr Sayers. CARRIED.

REBATE OF RATES - PRIMARY PRODUCTION: 12062/3 Cr Sayers moved that pursuant to Sections 159(3) and 166(1)(a) and (b) of the Local Government Act 1999, and in respect of the financial year ending the 30 June, 2011 - A rebate of rates shall be given to a Principal Ratepayer who makes

written application to the Council for a rebate and satisfies the Council that the rebate is desirable for the purpose of securing the proper development of the area or for the purpose of assisting or supporting a business in the area, provided that -

(1) the relevant rateable land is used for the purposes of primary production; and

(2) that land is used in conjunction with other land also being used for primary production purposes; and

the amount of the rebate shall be the difference between the minimum amount payable by way of general rates and the total amount payable by way of general rates in respect of that land, or the sum of $125.00, whichever is the lesser sum.

Seconded Cr Burgess.

12/7/2010

REBATE OF RATES - PRIMARY PRODUCTION CONT’D: Amendment: 12063/1 Cr Howie moved that pursuant to Sections 159(3) and 166(1)(a) and (b) of the Local Government Act 1999, and in respect of the financial year ending the 30 June, 2011 - A rebate of rates shall be given to a Principal Ratepayer who makes

written application to the Council for a rebate and satisfies the Council that the rebate is desirable for the purpose of securing the proper development of the area or for the purpose of assisting or supporting a business in the area, provided that -

(1) the relevant rateable land is used for the purposes of primary

production; and

(2) that land is used in conjunction with other land also being used for primary production purposes; and

the amount of the rebate shall be the difference between the minimum amount payable by way of general rates and the total amount payable by way of general rates in respect of that land, or the sum of $150.00, whichever is the lesser sum.

Seconded Cr Schultz. The Amendment was put and the vote was tied. The Amendment was Carried on the casting vote of the Mayor. The Amendment became the motion which was Carried. COUNCIL RATES REBATE CAP: 12063/2 Cr Taylor moved that pursuant to and in accordance with Section 166(1)(l)(ii) of the Local Government Act 1999 and to provide relief against what would otherwise amount to a substantial change in rates payable by a ratepayer due to rapid changes in valuation, the Council grant a rebate of general rates for the financial year ending 30 June, 2011 to the principal ratepayer in respect of any land where the amount of any increase in rates in respect of that land between the amount of general rates imposed for the financial year ending 30 June, 2011 and the amount of general rates payable for the financial year ending 30 June, 2010 is greater than 10% provided the increase is not as a result of: (a) building improvements made to the land; or (b) change of land use of the land; or (c) rezoning of the land; or (d) ownership of the land has changed since the 1st July, 2009. Seconded Cr Bormann. CARRIED.

12/7/2010

DECLARATION OF SEPARATE RATE – ROB LOXTON ROAD, WALKER FLAT – CONTRIBUTION TO ROADWORKS: 12064/1 Cr Morrissey moved that pursuant to and in accordance with Section 154 of the Local Government Act 1999, the Council declares for the year ending 30 June, 2011 a separate rate based on a fixed charge of $295.00 in respect of all rateable land which adjoins Rob Loxton Road, Walker Flat, for the purpose of recovering the cost of carrying out the sealing of Rob Loxton Road, being an activity that is, or is intended to be, of particular benefit to that land and to the occupiers of that land. Seconded Cr Taylor. CARRIED. DECLARATION OF ANNUAL SERVICE CHARGES – COMMUNITY WASTEWATER MANAGEMENT SYSTEMS: 12064/2 Cr Bormann moved that pursuant to and in accordance with Section 155 of the Local Government Act 1999, the Council declares for the year ending 30 June, 2011 that the following annual service charges based on the nature of the service are payable in respect of each property to which the Council provides or makes available the prescribed service of a Community Wastewater Management System in the following areas: Big Bend area Occupied Land $400.00 per unit Bowhill Occupied Land $200.00 per unit Greenways Landing area Occupied Land $550.00 per unit Kroehn's Landing area Occupied Land $700.00 per unit Seven Mile Shacks Occupied Land $650.00 per unit Scrubby Flat area Occupied Land $650.00 per unit Swan Reach area Occupied Land $450.00 per unit Walker Flat area Occupied Land $350.00 per unit Truro area Occupied Land $350.00 per unit North Punyelroo area Occupied Land $250.00 per unit

065. 12/7/2010

DECLARATION OF ANNUAL SERVICE CHARGES – COMMUNITY WASTEWATER MANAGEMENT SYSTEMS CONT’D: Caloote Landing area Occupied Land $350.00 per unit Bolto Reserve area Occupied Land $1,540.00 per unit (includes levy for major upgrading works) Old Teal Flat area Occupied Land $600.00 per unit The Rocks area Occupied Land $650.00 per unit Caurnamont area Occupied Land $350.00 per unit Five Mile Shacks and Kia Marina area Occupied Land $450.00 per unit Pellaring Flat area Occupied Land $350.00 per unit

Blanchetown area Occupied Land $796.00 per unit Brenda Park/Morphett Flat area Occupied Land $757.00 per unit Marks Landing area Occupied Land $924.00 per unit

Scotts Creek area Occupied Land $1,006.00 per unit Teal Flat area

Occupied Land $1,114.00 per unit Pelican Point area Occupied Land $1,338.00 per unit Punyelroo South area Occupied Land $1,198.00 per unit North West Bend/Beaumonts area Occupied Land $1,287.00 per unit Idyll Acres area Occupied Land $1,491.00 per unit

12/7/2010

DECLARATION OF ANNUAL SERVICE CHARGES – COMMUNITY WASTEWATER MANAGEMENT SYSTEMS CONT’D: Rob Loxton Road $1,075.00 per unit Occupied Land

Julanker/Younghusband Holdings $1,978.00 per unit Occupied Land

where a reference to “unit” is in accordance the CWMS Property Units Code as permitted by Regulation 9A of the Local Government (General) Regulations 1999. Seconded Cr Sayers. CARRIED. ANNUAL SERVICE CHARGES – REBATES FOR CAPITAL CONTRIBUTION: 12066/1 Cr Bormann moved that pursuant to and in accordance with Sections 159(3) and 166(1)(a) of the Local Government Act 1999, the Council being of the opinion that it is desirable to do so for the purpose of securing the proper development of the following parts of the Council’s area, the following rebates of annual services charges shall be given to the principal ratepayer in respect of each property which has been provided with a connection point for the relevant Community Wastewater Management System in the following areas and who have paid to the Council their share of the capital cost to install the relevant System –

Blanchetown area $646 Brenda Park/Morphett Flat area $557

Marks Landing area $724 Scotts Creek area $756 Teal Flat area $764

Pelican Point area $988 Punyelroo South area $898 North West Bend/Beaumonts area $937 Idyll Acres area $1,141 Rob Loxton Road $725

Julanker/Younghusband Holdings $1,778

Seconded Cr Yeates. CARRIED.

12/7/2010

DECLARATION OF ANNUAL SERVICE CHARGES - BOWHILL MULTI ACCESS TELEVISION TRANSMISSION SERVICE: 12067/1 Cr Myers moved that pursuant to and in accordance with Section 155 of the Local Government Act 1999, the Council declares for the year ending 30 June, 2011 an annual service charge based on the nature of the service of $120.00 in respect of all land to which the Council provides the prescribed service of television transmission and known as the Bowhill multi access television transmission service at Bowhill. Seconded Cr Morrissey. CARRIED. DECLARATION OF ANNUAL SERVICE CHARGES - BOWHILL RETICULATED WATER SUPPLY SYSTEM: 12067/2 Cr Sayers moved that pursuant to and in accordance with Section 155 of the Local Government Act 1999, the Council declares for the year ending 30 June, 2011 an annual service charge based on the level of usage of the service in respect of each property to which the Council provides the prescribed service of the treatment or provision of water and known as the Bowhill Reticulated Water Supply System as follows:

Consumption of up to 120 kilolitres of water $213.00

All water consumed in excess of 120 kilolitres 75 cents per kilolitre Seconded Cr Yeates. Amendment: 12067/3 Cr Howie moved that pursuant to and in accordance with Section 155 of the Local Government Act 1999, the Council declares for the year ending 30 June, 2011 an annual service charge based on the level of usage of the service in respect of each property to which the Council provides the prescribed service of the treatment or provision of water and known as the Bowhill Reticulated Water Supply System as follows:

Consumption of up to 120 kilolitres of water $250.00

All water consumed in excess of 120 kilolitres $1.00 per kilolitre Seconded Cr Taylor. The Amendment was put and was lost. The Motion was put and was Carried.

12/7/2010

ROAD RENTAL CHARGES: 12068/1 Cr Myers moved that the annual road rental charges be; - The minimum charge for road rental be $12.00 plus GST That the road rental charge for the pastoral areas (as defined) be 25 cents

per hectare plus GST. That the road rental charge for the previous Mannum and Ridley/Truro

Council areas and Hundred of Cadell be $2.45 per hectare plus GST. That the road rental charge for the previous Mt Pleasant Council area be

$12.00 per hectare. Seconded Cr Morrissey. 12068/2 Cr Bormann moved that motion number 12068/1 lay on the table. Seconded Cr Burgess. CARRIED. 11-02 A M 12068/3 Cr Rudloff moved that the meeting adjourn for morning tea. Seconded Cr Sayers. CARRIED. S P Wilkinson left the meeting. 11-14 A M 12068/4 Cr Myers moved that the meeting resume. Seconded Cr Morrissey. CARRIED. CONFIRMATION OF PREVIOUS MINUTES: (Page 11951 & Confidential Minutes Page 455 - 15/6/2010) 12068/5 Cr Sayers moved that the Minutes of the Council Meeting held on the 15 June 2010 be taken as read and confirmed, subject to the words “Cr Morrissey” being deleted from the “Affirmative” and inserted into “Negative” in the call for a division after resolution number 11991/1. Seconded Cr Morrissey. CARRIED. BUSINESS DEFERRED: Nil.

12/7/2010

MINUTES FROM COMMITTEES MANNUM LEISURE CENTRE MANAGEMENT COMMITTEE: 12069/1 Cr Taylor moved that the Minutes of the Mannum Leisure Centre Management Committee meeting held on the 16 June 2010, be received. Seconded Cr Morrissey. CARRIED. 12069/2 Cr Taylor moved that the following recommendation from the meeting of the Mannum Leisure Centre Management Committee held on the 16 June 2010, be adopted by Council -

Wheelchair Stair Lift: 437/2 Resolved that it be recommended to Council that the Wheelchair Stair Lift Project be a matter for a Council decision. CARRIED.

And that the following recommendation from the meeting of the Mannum Leisure Centre Management Committee held on the 16 June 2010, be deferred until the Mannum Leisure Centre Review currently being undertaken by Tredwell Consultants has been completed.

FC4 – Review Senior Citizens Contributions Annually: 438/3 Resolved that it be recommend to Council that a fee be charged to the Senior Citizens Club for the use of the facility and that it be included in the new lease document. CARRIED.

Seconded Cr Yeates. CARRIED. Correspondence – President Mannum Senior Citizens Club: Providing comments on the disabled access ramp to the Mannum Senior Citizen’s Club and requesting that the matter be addressed as soon as possible. A copy of the letter is attached. DEVELOPMENT & ENVIRONMENTAL SERVICES REPORT: See Minute Book Pages 12100 – 12106. 12069/3 Cr Howie moved that the report be received. Seconded Cr Burgess. CARRIED.

12/7/2010

BUSINESS ARISING FROM REPORT: Access Issues & Facilities – Mannum Office, Senior Citizens Clubrooms and Mannum Leisure Centre: 11-30 A M Mr Paul Rand representing the Mannum Senior Citizens addressed the meeting and advised members of the Senior Citizen’s preferred option for access to the Mannum Leisure Centre Building. 11-36 A M Mr Paul Rand returned to the Gallery. 12070/1 Cr Howie moved that plans and costings be prepared for the construction of an external ramp from the Leisure Centre level to the upper Senior Citizens Clubroom level. Seconded Cr Morrissey. CARRIED. Rockleigh School House: 12070/2 Cr Howie moved that Council endorse the preparation of a concept plan by Council’s Consulting Engineer for the future development and use of the Rockleigh School House site. Seconded Cr Schultz. CARRIED. MANNUM CARAVAN PARK COMMITTEE: 12070/3 Cr Howie moved that the Minutes of the Mannum Caravan Park Committee meeting held on the 21 June 2010, be received. Seconded Cr Yeates. CARRIED. MID MURRAY STED SCHEME MAINTENANCE COMMITTEE: Nil.

MID MURRAY COUNCIL BUILDING FIRE SAFETY COMMITTEE: 12070/4 Cr Burgess moved that the Minutes of the Mid Murray Council Building Fire Safety Committee meeting held on the 14 May 2010, be received. Seconded Cr Myers. CARRIED. MID MURRAY COUNCIL OCCUPATIONAL HEALTH, SAFETY AND WELFARE COMMITTEE: Nil.

MID MURRAY AND KAROONDA EAST MURRAY DISTRICT COUNCILS PLANT COMMITTEE: Nil.

12/7/2010

MANNUM DRY ZONE WORKING GROUP: Nil. MID MURRAY COUNCIL DISABILITY ACCESS REVIEW WORKING PARTY: Nil. MID MURRAY COUNCIL DEVELOPMENT ASSESSMENT PANEL: 12071/1 Cr Howie moved that the Minutes of the Mid Murray Council Development Assessment Panel meeting held on the 28 June 2010, be received. Seconded Cr Morrissey. CARRIED. BLANCHETOWN RURAL TRANSACTION CENTRE COMMITTEE: Nil. TRURO PROJECTS ADVISORY COMMITTEE: 12071/2 Cr Bormann moved that the Minutes of the Truro Projects Advisory Committee meeting held on the 23 June 2010, be received. Seconded Cr Schultz. CARRIED. YOUTH ADVISORY COMMITTEE: Nil. MANNUM DOCK MUSEUM BOARD: 12071/3 Cr Burgess moved that the Minutes of the Mannum Dock Museum Board meeting held on the 22 June 2010, be received. Seconded Cr Yeates. CARRIED. MORGAN MUSEUM BOARD: 12071/4 Cr Rudloff moved that the Minutes of the Mid Murray Council Morgan Museum Board meeting held on the 18 May 2010, be received. Seconded Cr Myers. CARRIED. SWAN REACH COMMUNITY HEALTH CENTRE COMMITTEE: Nil. MID MURRAY COUNCIL RESERVES MANAGEMENT WORK GROUP: Nil. MID MURRAY COUNCIL AUDIT COMMITTEE: 12071/5 Cr Bormann moved that the Minutes of the Mid Murray Council Audit Committee meeting held on the 8 July 2010, be received. Seconded Cr Burgess. CARRIED.

12/7/2010

MID MURRAY COUNCIL AUDIT COMMITTEE CONT’D: 12072/1 Cr Bormann moved that the following recommendation from the meeting of the Mid Murray Council Audit Committee held on the 8 July 2010, be adopted by Council –

Tenders for External Audit Services: 32/2 Mayor Mann moved that it be recommended to Council that the tender from Ian G McDonald FCA, for the provision of external audit services for a period of five years commencing on 1 July 2010 be accepted, with provision for a review if significant changes are made to the legislated requirements of the audit process. Seconded Cr Sayers. CARRIED.

Seconded Cr Sayers. CARRIED. MID MURRAY COUNCIL DROUGHT LIAISON WORKING PARTY: Nil. MID MURRAY COUNCIL WASTE MANAGEMENT ADVISORY COMMITTEE: Nil. BLANCHETOWN HEALTH AND AGED CARE COMMITTEE: Nil. STRATEGIC PLANNING AND DEVELOPMENT POLICY COMMITTEE: 12072/2 Cr Howie moved that the Minutes of the Strategic Planning and Development Policy Committee meeting held on the 28 June 2010, be received. Seconded Cr Myers. CARRIED. COLLIER PARK MANAGEMENT COMMITTEE: 12072/3 Cr Howie moved that the Minutes of the Collier Park Management Committee meeting held on the 11 March 2010, be received. Seconded Cr Yeates. CARRIED. 12072/4 Cr Howie moved that the Minutes of the Collier Park Management Committee meeting held on the 13 May 2010, be received. Seconded Cr Taylor. CARRIED. MORGAN/CADELL COMMUNITY TRANSPORT COMMITTEE: Nil.

MID MURRAY COUNCIL MANNUM SPORT AND RECREATION PRECINCT WORKING PARTY: Nil. MID MURRAY COUNCIL MANNUM MAIN STREET COMMITTEE: Nil.

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MAYOR’S REPORT: See Minute Book Pages 12093 – 12095. 12073/1 Cr Myers moved that the report be received. Seconded Cr Burgess. CARRIED. ELECTED MEMBERS’ REPORTS: Cr Burgess: Cr Burgess reported on his attendance at the following meetings and functions – National General Assembly, Canberra, Mannum Caravan Park Committee meeting, Mannum Dock Museum Board of Management meeting, Lions handover dinner, Regional Development Australia Murraylands Riverland, CWMS Committee meeting, CHIPS special meeting, Murraylands Tourism Plan. Cr Bormann: Cr Bormann reported on her attendance at the following meetings and functions – Lower Murray Working Group meeting, Tailem Bend, Sedan Rural Community Access Service meeting, Sedan, Truro Major Projects Committee meeting, Truro, CWMS Committee meeting, Cambrai, Murray Darling Association, Region 6 AGM, Keyneton Memorial Hall Committee meeting, Keyneton, SA Recreational Trails Inc meeting, Mt Pleasant, Audit Committee meeting, Mid Murray LAP meeting, Cambrai, Cambrai Agricultural Museum fundraiser, Cambrai. Cr Milsom: Cr Milsom provided a report, prior to the Council meeting, on his attendance at the following meetings and functions – CWMS Committee meeting, Cambrai, Ridley CFS Group meeting, Cambrai. Cr Howie: Cr Howie reported on his attendance at the following meetings and functions –Mannum Caravan Park Committee meeting, Palmer Progress Association AGM, Mannum Waters Working Group meeting, Mannum, Rockleigh School public meeting, Rockleigh, inspected Tepko Mt Torrens Road, Rockleigh, Development Assessment Panel meeting, Mannum, Strategic Planning and Development Policy Committee meeting, Mannum, Collier Park Management Committee meeting, Palmer. Cr Rudloff: Cr Rudloff reported on her attendance at the following meetings and functions –Morgan Community Development & Tourism Association meeting, Morgan, Eudunda Hostel Board meeting, Eudunda, Development Assessment Panel meeting, Mannum, Strategic Planning and Development Policy Committee meeting, Mannum.

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ELECTED MEMBERS’ REPORTS CONT’D: Cr Myers: Cr Myers reported on his attendance at the following meetings and functions –Morgan Lions changeover dinner, Strategic Planning and Development Policy Committee meeting, Mannum. Cr Sayers: Cr Sayers reported on his attendance at the following meetings and functions – Riverland Health public meeting, Blanchetown, meeting with Kelvin Goldstone re: flooding, Blanchetown, Murray Mallee Aged Care Group meeting, Murray Bridge, CWMS Committee meeting, Cambrai, Swan Reach Progress Association meeting, Blanchetown Hall Committee meeting, Audit Committee meeting, Cambrai. Cr Morrissey: Cr Morrissey reported on his attendance at the following meetings and functions – Mannum Caravan Park Committee meeting, CWMS Committee meeting, Cambrai, Development Assessment Panel meeting, Mannum, meeting to discuss proposed Mannum development, Cambrai, MMCSS & CHIPS public meeting, Mannum, meeting with Mayor and Works Supervisor re: East Front Road signage. Cr Yeates: Cr Yeates reported on her attendance at the following meetings and functions –Mannum Caravan Park Committee meeting, Mannum, workshop run by Treadwell Management re: review of the Mannum Leisure Centre, Mannum Progress meeting, meetings to discuss proposed Mannum development. Cr Taylor: Cr Taylor reported on his attendance at the following meetings and functions –Mid Murray LAP meetings, Cambrai, Mannum Leisure Centre Board of Management meetings, CHIPS meetings, Mannum, LGA meeting, Mannum, Budget meeting, Cambrai, Hospital Auxiliary meeting, Mannum. 12074/1 Cr Burgess moved that the elected members’ reports be received. Seconded Cr Howie. CARRIED. 12-19 P M 12074/2 Cr Morrissey moved that the meeting adjourn for lunch. Seconded Cr Sayers. CARRIED.

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1-01 P M 12075/1 Cr Rudloff moved that the meeting resume. Seconded Cr Yeates. CARRIED. CONFIDENTIAL ITEM – MID MURRAY COMMUNITY SUPPORT SERVICE AND COMMUNITY HELP FOR THE ISOLATED WITH PERSONAL SUPPORT (CHIPS): Confidential Items pursuant to Section 90 – 90(3)(a) – information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) 90(3)(g) – matters that must be considered in confidence in order to ensure that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty; 1-02 P M 12075/2 Cr Sayers moved that (1) Under the provision of Section 90(2) and (3)(a) and (g) of the Local

Government Act 1999 an order be made that with the exception of Mr Dean Gollan, Mr Robin Bourne, Mr Kelvin Goldstone, Mr Jon Fry and Mrs Carol Budarick, all other persons present and the public be excluded from attendance at the meeting in order to receive a report and to consider matters under Section 90 (3)(a) and (g).

(2) The Mid Murray Council is satisfied that it is reasonably foreseeable that the public disclosure or discussion of the information at the meeting could cause significant damage to the interest of Council, because of the public disclosure or discussion relating to the subject could reasonably be expected to present an unreasonable disclosure of information concerning the personal affairs of any person.

(3) Accordingly, on this basis, the principle that meetings of Mid Murray Council should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

Seconded Cr Howie. CARRIED. 1-50 P M 12075/3 Cr Myers moved that pursuant to Section 91(7) of the Local Government Act 1999, the Council orders that Confidential Minutes Pages 506 and 507 of the meeting held on 12 July 2010, and all discussions relating to the matter which was considered in confidence pursuant to Section 90(2) and (3)(a) and (g) remain confidential until June 2011. Seconded Cr Morrissey. CARRIED.

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MID MURRAY COMMUNITY SUPPORT SERVICE AND COMMUNITY HELP FOR THE ISOLATED WITH PERSONAL SUPPORT (CHIPS): 12076/1 Cr Burgess moved that in relation to the Mid Murray Community Support Service and Community Help for the Isolated with Personal Support (CHIPS) –

Council request a copy of an independent Audit Report for the period ending 30 June 2010.

Funding partners and amount funded be advised to Council.

Copy of the Constitution to be provided to Council.

No funds to be released by Council until Council is satisfied.

Acting Co-ordinator Brett Wallace and Chairman Bill McGhie to be invited

to attend the August meeting of Council to advise of the current situation relating to CHIPS.

Seconded Cr Morrissey. CARRIED. QUESTIONS WITHOUT NOTICE – COUNCILLORS QUESTIONS WITH NOTICE – COUNCILLORS: Cr Howie The following two Questions with Notice were submitted, in writing, by Cr Howie to the Chief Executive Officer five (5) clear days prior to the meeting, in accordance with the Local Government (Procedures at Meetings) Regulations 2000. Question: What systems do Council have in place to control the usage and billing of water taken from Council owned water stand pipes? Explanation: The question has been raised by ratepayers who fought hard to have their stand pipe remain in operation as to how Council charge for water they use as in the past they have had to ring Council requesting an account. They say there was a book and they reported to Council that it was getting wet and then the book just vanished, they also said that a local water carting contractor, who is selling the water, uses the stand pipe but never enters the amount in the book when it is there, or do we have any arrangement with them.

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QUESTIONS WITH NOTICE – COUNCILLORS CONT’D: Answer: The system in place is basically an honour system that involves the collection of a stand pipe key, (generally from nearest post office/general store), obtaining water, returning the key and filling out in a log book how much water was taken. Log books are collected twice a year from which invoices are prepared and sent out. The stand pipe at Summerfield is different in that it is not locked and the log book is kept on site.

Question: Does Council charge Road Rentals for roads and reserves under Council control? Explanation The question has been asked some time ago and at that stage we were not issuing Rental Charges on our rate notices because we did not have the time or staff. Council has now employed an assistant accountant and that was to be one of the many tasks that he was going to rectify. Answer: Council sets an annual charge for road rental in July each year. The last time the road rental charge was billed to property owners was in 2004/2005. The reason invoices have not been sent is because there are some inaccuracies in the road rent records which has meant some charges were in dispute. Previous attempts to correct the records have not been very successful, mainly because staff resources were not available to follow the task through to completion. Since GST billing has been introduced the road rents invoicing process has been separate to the rates billing process this has not affected the rates accounts by Council. Now that Council has additional staff resources and rural addressing is nearing completion and has updated mapping software the task of updating the road rent records can be started and satisfactorily completed. Council also charges annual fees to those people who rent Council reserves. Many of these accounts are for pump houses located on Council reserves. Invoices for these charges are issued in August each year.

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NOTICES OF MOTION: “No Parking” Signs – Male Road, Mannum: 12078/1 Cr Taylor moved that no parking signs and/or yellow kerbside line be painted on Male Road, Mannum between Bretag Street and the defined parking spaces for the kindergarten. Seconded Cr Yeates. CARRIED. Overnight Camping Charge: 12078/2 Cr Howie moved that the following motion be referred to the Mid Murray Council Reserves Management Work Group Meeting to be held on 19 July 2010 –

“that Council charge for overnight Camping at Bolto Reserve at the rate of $10 per night for two people per site and an additional $3 per head per night for each additional person over the age of 16 years. The maximum period that a camper may remain in the reserve will be 28 days and they cannot reapply for a camping permit in the reserve for a further 28 days. An honour system and rules of occupancy as per detail supplied to Council, and used by most National Parks, be installed with interpretive signage and be in operation by October 1st 2010.” Random checks to be carried out from time to time by Council staff and any breaches to be served with an Expiation Notice of say ($50 / $75) per night that fees have not paid.”

Seconded Cr Yeates. CARRIED. INFRASTRUCTURE SERVICES REPORT: See Minute Book Pages 12096 – 12099. 12078/3 Cr Myers moved that the report be received. Seconded Cr Burgess. CARRIED. BUSINESS ARISING FROM REPORT: Removal of Pine Trees – Keyneton: 12078/4 Cr Burgess moved that the required works be considered in the next budget review. Seconded Cr Bormann. CARRIED.

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BUSINESS ARISING FROM REPORT CONT’D: Correspondence – P & K Soar: 12079/1 Cr Sayers moved that a traffic counter be placed on the road to ascertain its usage. Seconded Cr Bormann. CARRIED. 2-28 P M Mr Geoff Parsons, Manager – Development Services, attended the meeting. CHIEF EXECUTIVE OFFICER’S REPORT: See Minute Book Pages 12111 – 12124. 12079/2 Cr Yeates moved that the report be received. Seconded Cr Rudloff. CARRIED. BUSINESS ARISING FROM REPORT: Regional and Local Community Infrastructure Program Round 3 – 2010/11 - $100 Million: 12079/3 Resolved that the following Projects be costed for consideration at a Council meeting to be held on Tuesday 20 July 2010 at 6-00 pm at Cambrai –

Priority A Morgan – Playground $69,000 Caloote Landing – Electric BBQ $5,000 Palmer Oval – Electric BBQ $5,000 Palmer Hall – Kitchen $5,000 Mannum Leisure Centre – Outside Disabled Ramp $20,000 Younghusband Hall – Kitchen $15,000 Sedan Park – Verandah $15,000 Walker Flat Progress – Shed & Solar Panels at Wongulla $19,000 Blanchetown Kart Club – Contribution to new Clubrooms $20,000 Old Rockleigh School $10,000 Priority B Disabled Access WC at Mannum Leisure Centre Stadium level

$15,000

Morgan Institute $15,000

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BUSINESS ARISING FROM DEVELOPMENT & ENVIRONMENTAL SERVICES REPORT: CWMS Advisory Work Group Holiday Home Area Representatives: 12080/1 Cr Burgess moved that Council appoint:

Jeff Hall (Bowhill) Dawn Prust (Teal Flat) Mark Dyson (Scrubby Flat) Bill Fraser (Blanchetown) Stephen Nicolson (Scotts Creek)

as holiday home area representatives on the Mid Murray Council Community Wastewater Management Systems (CWMS) Advisory Work Group and that the holiday home area appointments to the Mid Murray Council CWMS Advisory Work Group be for a period of two years. Seconded Cr Morrissey. CARRIED. Tram Cart, Mannum: 12080/2 Cr Morrissey moved that the application to place a tram cart at Arnold Park, Mannum to sell food be refused. Seconded Cr Burgess. CARRIED. Mannum Main Street Parking: 12080/3 Cr Taylor moved that a report as to the suitability of a disability car parking space outside the front of the BH Partners business be prepared and referred to the Disability Access Review Committee for consideration and recommendation to Council. Seconded Cr Howie. Amendment: 12080/4 Cr Burgess moved that a report as to the suitability of a disability car parking space outside the front of the BH Partners business and other areas along Randell Street, Mannum, be prepared and referred to the Disability Access Review Committee for consideration and recommendation to Council. Seconded Cr Bormann. The Amendment was put and was lost. The Motion was put and was Carried. 3-00 P M Cr Howie left the meeting.

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3-01 P M 12081/1 Cr Bormann moved that the meeting adjourn for afternoon tea. Seconded Cr Sayers. CARRIED. 3-19 P M 12081/2 Cr Rudloff moved that the meeting resume. Seconded Cr Sayers. CARRIED. OTHER DEVELOPMENT AND ENVIRONMENTAL SERVICES BUSINESS: Development – Adelaide Road, Mannum: Mr Geoff Parsons, Manager – Development Services, outlined to members details of proposed commercial development on Adelaide Road, Mannum. A plan of the proposed development was provided to all members. 3-35 P M Mr Geoff Parsons, Manager – Development Services, left the meeting. CORPORATE AND FINANCIAL SERVICES REPORT: See Minute Book Pages 12107 – 12110. 12081/3 Cr Rudloff moved that the report be received. Seconded Cr Sayers. CARRIED. BUSINESS ARISING FROM REPORT: Financial Report: Bank Reconciliation Statement as at 30 June 2010

12081/4 Cr Morrissey moved that the bank reconciliation statement as at 30 June 2010 of $1,923,611.10 credit be received. Seconded Cr Yeates. CARRIED. Nildottie Tennis Courts Relocation & Lease: 12081/5 Cr Burgess moved that Council approves the location of the courts in line with the development application and enter into a lease with the Nildottie Tennis Club Inc over the portion of the land at Greenways Oval. The term of the lease to be five (5) years with the right of renewal for a further term of five (5) years. Seconded Cr Myers. CARRIED.

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BUSINESS ARISING FROM CHIEF EXECUTIVE OFFICER’S REPORT: Delegations: 12082/1 Cr Burgess moved that having conducted its annual review of the Council’s Delegations Register in accordance with Section 44(6) of the Local Government Act 1999, the Council:

1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive

Officer of those powers and functions under the following:

1.1.1 Community Titles Act 1996

1.1.2 Development Act 1993 and Development Regulations 2008

1.1.3 Dog & Cat Management Act 1995

1.1.4 Environment Protection Act 1993 and Environment Protection (Waste Management) Policy 1994

1.1.5 Expiation of Offences Act 1996

1.1.6 Fences Act 1975

1.1.7 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005

1.1.8 Food Act 2001

1.1.9 Freedom of Information Act 1991

1.1.10 Housing Improvement Act 1940

1.1.11 Land & Business (Sale and Conveyancing) Act 1994

1.1.12 Liquor Licensing Act 1997

1.1.13 Local Government Act 1934


1.1.15 Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005

1.1.16 Occupational Health Safety & Welfare Act 1986

1.1.17 Public and Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008

1.1.18 Roads (Opening & Closing) Act 1991

1.1.19 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 1999 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999

1.1.20 Supported Residential Facilities Act 1992

1.1.21 Unclaimed Goods Act 1987

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BUSINESS ARISING FROM REPORT CONT’D: Delegations Cont’d:

1.2 Hereby revokes its previous delegations to its Development

Assessment Panel under the Development Act 1993 and Development Regulations 2008.

2. Delegations made under Local Government Act 1999

2.1 In exercise of the power contained in Section 44 of the Local

Government Act 1999 the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 1-17 (each of which is individually identified as indicated below) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer subject to the conditions and or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

2.1.1 Community Titles Act 1996 (Appendix 1)

2.2.2 Dog & Cat Management Act 1995 (Appendix 2)

2.2.3 Environment Protection Act 1993 (Appendix 3)

2.2.4 Expiation of Offences Act 1996 (Appendix 4)

2.2.5 Fences Act 1975 (Appendix 5)

2.2.6 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 (Appendix 6)

2.2.7 Freedom of Information Act 1991 (Appendix 7)

2.2.8 Housing Improvement Act 1940 (Appendix 8)

2.2.9 Land & Business (Sale & Conveyancing) Act 1994 (Appendix 9)

2.2.10 Liquor Licensing Act 1997 (Appendix 10)

2.2.11 Local Government Act 1934 (Appendix 11)


2.2.13 Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005 (Appendix 13)

2.2.14 Roads (Opening and Closing) Act 1991 (Appendix 14)

2.2.15 Occupational Health Safety and Welfare Act 1986 (Appendix 15)

2.2.16 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 1999 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 (Appendix 16)

2.2.17 Unclaimed Goods Act 1987 (Appendix 17).

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2.2 Such powers and functions may be further delegated by the Chief

Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

3. Delegations made under Development Act 1993

3.1 In exercise of the powers contained in Section 20 and 34(23) of the

Development Act 1993, the powers and functions under the Development Act 1993 and the Development Regulations 2008 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 18) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.


Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

3.3 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993 the powers and functions under the Development Act 1993 and the Development Regulations 2008 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 19 are hereby delegated this 12th day of July 2010 to the Council’s Development Assessment Panel, subject to any conditions specified herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

3.4 In exercise of the powers contained in Section 44 of the Local

Government Act 1999 (‘the Act’), the powers and functions under Section 36(1) of the Act to conduct (including but not limited to negotiating and settling) proceedings commenced under Section 86 of the Development Act 1993 to which the Council is a Respondent, and anything necessary, expedient or incidental to performing or discharging such powers and functions, are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer (‘CEO’) subject to the conditions specified herein and such powers and functions may be further delegated by the CEO as the CEO sees fit.

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3.5 To the extent necessary, the Council also hereby authorises the

CEO, or any person nominated in writing by the CEO, to perform the powers and functions described in paragraph 3.3 above subject to the conditions specified herein.

4. Delegations made under Food Act 2001

4.1 In exercise of the powers contained in Section 91 of the Food Act

2001, the powers and functions under the Food Act 2001 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 20) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer (‘the head of the enforcement agency’ for the purposes of the Food Act 2001), subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Food Act 2001.


Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Food Act 2001.

5. Delegations made under Public and Environmental Health Act 1987

5.1 In exercise of the power contained in Section 6 of the Public and

Environmental Health Act 1987, the powers and functions under the Public and Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 21) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.


Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.

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6. Delegations under Supported Residential Facilities Act 1992

6.1 In exercise of the power contained in Section 9 of the Supported

Residential Facilities Act 1992, the powers and functions under the Supported Residential Facilities Act 1992 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 22) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.


Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.

7. Authorisations and Subdelegation under the Road Traffic Act 1961

7.1 That, in accordance with the Notice to the Council dated 17 June

2006 from the Minister for Transport and Urban Planning (‘the Minister’s Notice’), the Council authorises the following officers to exercise, for, and on behalf of the Council, the power conferred on the Council pursuant to the following clauses of the Minister’s Notice in relation to the Road Traffic Act 1961: Clause A.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer;

Clause B.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer;

Clause C.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer;

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Clause D.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer;

Clause E.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer;

subject to –

(i) the conditions contained in the Minister’s Notice; and

(ii) where applicable the conditions contained within the ‘Notice from the Commissioner of Highways for the Temporary use of Traffic Control Devices by persons other than Road Authorities’ dated 8 April 2002, as amended from time to time;

(iii) any conditions contained in this Resolution or in such instrument; and

(iv) the creation of a separate instrument in writing reflecting such authorisations under the Minister’s Notice and this Resolution.

7.2 The said instrument shall be in substantially the same form as the

proposed instrument of authorisation annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 23.

7.3 In exercise of the power contained in, and in accordance with, Clause F.1 of the Notice to the Council dated 17 June 2006 from the Minister for Transport (‘the Minister’s Notice’), the power contained in Section 33(1) of the Road Traffic Act 1961 and delegated to the Council pursuant to Clause F of the Minister’s Notice is hereby sub-delegated to the person occupying the office of Chief Executive Officer of the Council subject to:


(ii) any conditions contained in this Resolution or in such instrument; and

(iii) the creation of a separate instrument in writing reflecting such subdelegation under the Minister’s Notice and this Resolution.

7.4 The said instrument shall be in substantially the same form as the proposed instrument of subdelegation annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 23.

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BUSINESS ARISING FROM REPORT CONT’D: Delegations Cont’d: 8. Delegations made under policy

8.1 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the Council’s policies and specified in the proposed Instrument of Delegation contained in Appendix 24 are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer subject to the conditions and/or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

8.2 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

9. Delegations to commence prosecution proceedings

9.1 In exercise of the powers contained in Section 44 of the Local Government Act 1999 (‘the Act’), the power conferred on the Council under Sections 6 and Section 36(1) of the Act are delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer, being the power under the:

Local Government Act 1999 and Local Government (General) Regulations 1999;

Local Government (Procedures at Meetings) Regulations 2000;

Local Government (Members Allowances and Benefits) Regulations 2000;

Dog & Cat Management Act 1995 and Dog and Cat Management Regulations 1995;

Housing Improvement Act 1940;

Fire and Emergency Services Act 2005;

Road Traffic Act 1961, Road Traffic (Miscellaneous) Regulations 1999, Road Traffic Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 and Australian Road Rules 1999 (Part 12);

Roads (Opening and Closing) Act 1991, Roads (Opening and Closing) Regulations 2006 and Roads (Opening and Closing) (Fees) Regulations 2006; and

Natural Resources Management Act 2004 and the Natural Resources Management (General) Regulations 2005.

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(‘the Statutes’),

to commence a prosecution for a breach of the relevant Statute, where the Statute empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

9.2 In exercise of the powers contained in Section 20 of the Development Act 1993 the Council delegates this 12th day of July 2010 the power under Section 6(1) of the Local Government Act 1999 and Section 36(1) of the Local Government Act 1999 to the person occupying the office of Chief Executive Officer to commence a prosecution for a breach of the Development Act 1993 and/ or the Development Regulations 2008 where the Development Act 1993 and/ or the Development Regulations 2008 empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

9.3 In exercise of the powers contained in Section 6 of the Public and Environmental Health Act 1987 the Council delegates this 12th day of July 2010 the power under Section 6(1) of the Local Government Act 1999 and Section 36(1) of the Local Government Act 1999 to the person occupying the office of Chief Executive Officer to commence a prosecution for a breach of the Public and Environmental Health Act 1987 and/or the Public and Environmental Health (Waste Control) Regulations 1991 where the Public and Environmental Health Act 1987 and/or the Public and Environmental Health (Waste Control) Regulations 1991 empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

9.4 In exercise of the powers contained in Section 9 of the Supported Residential Facilities Act 1992 the Council delegates this 12th day of July 2010 the power under Section 6(1) of the Local Government Act 1999 and Section 36(1) of the Local Government Act 1999 to the person occupying the office of Chief Executive Officer to commence a prosecution for a breach of the Supported Residential Facilities Act 1992 and/or Supported Residential Facilities Regulations 1994 where the Supported Residential Facilities Act 1992 and/or Supported Residential Facilities Regulations 1994 empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

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9.5 In exercise of the powers contained in Section 91 of the Food Act

2001 the Council delegates this 12th day of July 2010 the power under Section 6(1) of the Local Government Act 1999 and Section 36(1) of the Local Government Act 1999 to the person occupying the office of Chief Executive Officer to commence a prosecution for a breach of the Food Act 2001 and/or the Food Regulations 2002 where the Food Act 2001 and/or the Food Regulations 2002 empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, subject to and in accordance with the Memorandum of Understanding between the Minister for Health and the Local Government Association dated 16 May 2003, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

10. Delegations to Committees of Council

10.1 In exercise of the power contained in Section 44 of the Local Government Act 1999, the Council hereby delegates this 12th day of July 2010 the power to expend the Council’s approved budgeted funds, subject to the Council’s policies, under the Local Government Act 1999 and any other Act, in the exercise performance or discharge of the Council’s powers, functions or duties under the Local Government Act 1999 or any other Act, pursuant to Section 137 of the Local Government Act 1999 to the following committees of the Council established under Section 41 of the Local Government Act 1999:

Mannum Dock Museum Board; Mannum Caravan Park Committee; Mannum Leisure Centre Committee; Morgan Museum Board; Blanchetown Health & Aged Care Committee; and Blanchetown Rural Transaction Centre Advisory Committee.

Seconded Cr Rudloff. CARRIED. OTHER CHIEF EXECUTIVE OFFICER’S BUSINESS: Mannum Neighbourhood Watch Meeting: The Chief Executive Officer advised members that Inspector Paul Yeomans will be attending the Neighbourhood Watch meeting on Tuesday 13 July 2010.

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CORRESPONDENCE FOR INFORMATION ONLY: Rhonda Hammond: Tendering her resignation as the Mid Murray Council Nominee on the Mannum School/Community Library Board. A copy of the letter is attached. Local Government Association of South Australia: Being letter encouraging all Councils to consider participating in the seventh series of “Out of the Ordinary” to be presented by Rob Kelvin.

A copy of the letter is attached. Murray Darling Association Inc: Re: Draft Basin Plan. Urging Councils to put in place robust and appropriate strategies for arrangements for dealing with the Draft Plan so that it can be properly and thoroughly examined and meaningful submissions can be made within the time allowed. The Plan will be placed on public exhibition in July 2010. A copy of the letter is attached. Minister for Agriculture, Food and Fisheries: Being News Release relating to “SA Government Declares War on Locusts”.

A copy of the News Release is attached.

12091/1 Cr Bormann moved that the above correspondence be received and noted. Seconded Cr Burgess. CARRIED. LATE CORRESPONDENCE:

Walker Flat Progress Association: Resubmitting their request for funding under the Federal Government’s Regional and Local Community Infrastructure Program for a shed extension and the installation of solar panels at their Community Shed at Wongulla. A copy of the letter was provided to all members.

12/7/2010

LATE CORRESPONDENCE CONT’D: Wombat Awareness Organisation Ltd: Seeking Council assistance to require landowners to submit an application to destroy any wombat burrows on public land and to make it an offence for landowners to destroy wombat burrows on public land without approval. It was reported that this matter falls under the jurisdiction of the Department of Environment and Natural Resources (National Parks and Wildlife Service). Received and noted. URGENT BUSINESS: Nil. NEXT MEETING: To be held at Cambrai at 9-30 am on Monday 9 August 2010. 3-55 P M The Mayor declared the meeting closed.

. . . . . . . . . . . . . . . . . . . . . . . . . . MAYOR

. . . . . . . . . . . . . . . . . . . . . . . . . . DATE

12/7/2010

7 MAYOR’S REPORT

Cr moved that the report be received. Seconded Cr

Activity Wednesday/Thursday 16th and 17th June I attended the Australian Local Govt. Assn. National General Assembly held at the National Convention Centre Canberra. The program was a mixture of guest speakers, mainly from Political Parties and the Conference theme which was Population, Participation & Productivity. I attended the “Fit for the Future” concurrent session which focused on Regions and their specific needs to cope with increasing population if Governments decide to restrict growth in Capital Cities. The role of Regional Development Australia is crucial in delivering this important infrastructure. Around 60 Notices of Motion were debated most of which were related to funding requests. On the evening of the 17th I attended the Council of Australian Governments Welcome Dinner held in the Great Hall Parliament House. Friday 18th June I attended the Council of Australian Govt. Meeting held at Parliament House. The then Prime Minister Kevin Rudd addressed the meeting and presided over a Community Cabinet Meeting where questions from the floor were directed to Cabinet Ministers. The PM announced the continuation of the Infrastructure Funding for Local Govt. Program with a commitment of $100m. In the Concurrent Sessions I attended the Population Theme and had a direct discussion with Minister Tony Burke on population trends in our region. Saturday 19th June My wife and I were guests of the Morgan Lions Club at their annual Changeover Dinner held at the Commercial Hotel Morgan. Retiring President Averil John was replaced by new president Pat Mitchell. I proposed the toast to Lions International and was thanked for my support of the Club over many years. Tuesday 22nd June The Black Hill Hall was the venue for the Ridley Lions Club Handover Dinner which my wife and I were guests. President Leigh Smith was inducted for a further one year term and reported on the activities of the Club and support for the Black Hill Hall Committee who are raising funds to build a verandah on the hall.

12/7/2010

7 MAYOR’S REPORT CONT’D Thursday 24th June I chaired the Region 3 Fire Prevention Committee Meeting held at the CFS Training Centre Murray Bridge. The State Bushfire Advisory Committee has set draft boundaries for the Bushfire Management Area Committees which indicates the current Region 3 will have one committee with a membership of over 20 with each of the 8 Local Governments represented at a senior officer level. Other agenda items included May Reports, Section 105 Policy, and fire danger season debrief. In the afternoon I attended a meeting of the Council Members of the STEDS Committee to make recommendations to Council on the Community representation on the new Working Party. Friday 25th June I attended the AGM of the Region 6 Murray Darling Assn. held in Murray Bridge Local Govt. Centre, Long serving President Maurice Wilhelm did not seek re election and Cr Peter Wright from Wellington East was elected as President. Cr Bormann was elected unopposed to the position of Secretary. A motion put forward by Peter Smith for a study into the effects of a permanent weir and lock below Wellington was defeated and no other motions have been put forward from Region 6 for the National AGM at Beechworth. Monday 28th June I attended the Mid Murray Strategic Planning and Development Policy Committee Meeting held at the Mannum Office. Senior Planning Staff were seeking direction on the Cadell DPA and a Status Report was presented on the progress of other DPA’s. Wednesday 30th June I was part of Council representation who met with Developers to plan for an application for a major commercial development on the outskirts of Mannum. After resolving some points of clarification I expect a valid application will be lodged in the near future. Friday 2nd July Cr Morrissey and I met with Andrew Strauss to resolve the signage issues that have arisen over the closure of part of East Front Road. There has been wide press coverage of this issue including Editorial where claims have been made that are frankly untrue. Signs and their placement have been agreed and should end any confusion. They will be erected as soon as they are available. Monday 5th July I conducted a Citizenship Ceremony for Michael and Debra Hilditch and Dunia Sharib in the Mannum Office. Over 20 people attended and enjoyed a morning tea provided by Council.

12/7/2010

7 MAYOR’S REPORT CONT’D Monday 5th July Cont’d Met with representatives from the Mid Murray Community Support Service and Community Help for Isolated with Personal Support (CHIPS). Thursday 8th July I attended the Mid Murray LAP Meeting held at Cambrai. Project Manager Aimee Linke is about to go on maternity leave and I will report verbally on her replacement. Ian R Mann OAM MAYOR

12/7/2010

14.1 INFRASTRUCTURE SERVICES REPORT Cr moved that the report be received. Seconded Cr 14.1.1 Works Construction Program

Strategic Plan Reference Infrastructure, Asset and Facility Management Goal 4.0 Update of Works Construction Program has been prepared. A copy of the monthly update is attached.

14.1.2 Works Correspondence for Information

Strategic Plan Reference Community Goal 2.0 Summary of correspondence replied to during the period between Council meetings for May/June 2010 has been prepared. A copy of the list had been forwarded to all members. For members’ information.

14.1.3 Machinery Report

Strategic Plan Reference Infrastructure, Asset and Facility Management Goal 4.0

A tree trimming programme commenced after Council received the initial Commonwealth Government, Roads to Recovery funding in 2001. The funding enabled the employment of 3 persons and the purchase of the relevant equipment (through the hire rate). The tree trimming gang has worked consistently in the past 10 years and there is no end date in sight.

The chipper used for mulching and chipping products from the tree trimming programme has had major mechanical failure in the cutting chamber. To repair this, it is estimated it would cost $13,000.00-$15,000.00 with a wait of 4 weeks for parts and a week to repair. The other mechanical parts on the machine are the motor and the hydraulic system, both are in reasonable condition, however they have both done 5,000 hours and are 10 years old. A replacement machine would cost approximately $52,000.00 and you could expect at least $10,000.00 trade for the existing machine as is, leaving a net change over of $42,000.00.

12/7/2010

14.1 INFRASTRUCTURE SERVICES REPORT CONT’D 14.1.3 Machinery Report Cont’d

Recommendation: Moved ____________________ Seconded ___________________ that an allocation be considered in the budget for the replacement of the existing chipper.

14.1.4 Towitta Road – Traffic Counts


Two road traffic counters were placed on the Towitta Road from the 16 April until the 20 May 2010. The counters were placed on the road to assess the use of the road to Towitta Park.

Units/day RTF FFF Towitta 1 36 116 0.47 Towitta 2 70 106 0.43

Overall the traffic counts on this road are very low and the count does not warrant bitumising at this stage. The counts are interesting to analyze as the units/day figures of 1:2 are approximately double however the final figure factors are nearly the same.

12/7/2010

14.1 INFRASTRUCTURE SERVICES REPORT CONT’D

14.1.4 Towitta Road – Traffic Counts Cont’d

It would appear that on average 10 more cars with caravans use the north part of the road than the southern part. For members’ information.

14.1.5 Removal of Pine Trees - Keyneton


A ratepayer in Keyneton has requested six pine trees be removed outside of his property which is opposite the former Deli/Post Office in Keyneton. The trees have been inspected and two are dead and the other four are not healthy. To remove them a contractor would have to be employed as the trees are too high for our gang. Estimated expense would be $5,000.00 for the contractor plus our gang would be needed to “mop” up. The cost for our gang would be approximately $5,000.00. Recommendation: Moved __________________ Seconded ____________________ that the required works be considered in the next budget review.

14.1.6 Big Bend Boat Ramp


As requested from the June 2010 Council meeting (11961/1) the following is submitted:- The low water levels below Lock 1 are causing many problems to infrastructure along the river, boat ramps being one of them. Several studies have been done and reports have gone to Council, but one of the biggest problems has been not knowing the level to which the river will fall to and for what length of time. Another factor in considering boat ramp upgrades was the feasibility of the upgrade. In many cases the natural slope of the bank going into the river was too steep to simply extend the ramp, or that there was insufficient room to construct a coffer dam and bring the ramp in towards the bank. Council attempted to give an “even” spread of boat ramps to all users below Lock 1 as well, so the number of shacks it serviced was a contributing factor but not what the final decision was made from.

12/7/2010

14.1 INFRASTRUCTURE SERVICES REPORT CONT’D 14.1.6 Big Bend Boat Ramp Cont’d

Council will continue to monitor the closed ramps below Lock 1 and if an opportunity presents itself to enable us to open them as the river rises the ramp will be opened. In the case of Big Bend boat ramp it may well be Council open the ramp in the future when water levels make it usable by most 4WD vehicles and trailer combinations and place a sign, “Suitable for 4WD only”.

14.1.7 Correspondence – P & K Soar

Strategic Plan Reference Infrastructure, Asset and Facility Management Goal 4.0 Requesting that a further 600 metres of Peters Road, Wongulla Heights be sealed to make it exactly 1 kilometre which would then have all residents on the road with sealed road frontage. A copy of the letter is attached. Recommendation: Moved _______________________ Seconded _________________ that a traffic counter be placed on the road to ascertain its usage.

14.1.8 Correspondence – KESAB Road Watch

Strategic Plan Reference Community Goal 2.0

Advising Council of their upcoming tree planting day at the quarry/reserve on the corner of Fisher Road and Wachtel Road on 1 August 2010. A copy of the letter is attached. For members’ information.

JP Fry DIRECTOR, INFRASTRUCTURE SERVICES

12/7/2010

14.2 DEVELOPMENT & ENVIRONMENTAL SERVICES REPORT Cr moved that the report be received. Seconded Cr 14.2.1 CWMS Advisory Work Group Holiday Home Area Representatives Reporting Officer: Kelvin Goldstone

In accordance with the resolution of Council (11985/1, 15/6/2010) the matter of the appointment of holiday home area representatives on Council’s CWMS Advisory Work Group was considered at a meeting of Council representatives on 24 June 2010. The following recommendation from the meeting is listed for Council’s consideration:-

Moved Mayor Mann that it be recommended to Council that:- Jeff Hall (Bowhill) Dawn Prust (Teal Flat) Mark Dyson (Scrubby Flat) Bill Fraser (Blanchetown) Stephen Nicolson (Scotts Creek) be appointed holiday home area representatives on the Mid Murray Council CWMS Advisory Work Group. Seconded Cr Morrissey.

Recommendation: Moved ____________________ Seconded ___________________ (i) That the recommendation of the meeting of Council

representatives on the CWMS Advisory Work Group be adopted by Council.

(ii) That holiday home area appointments to the Mid Murray Council

CWMS Advisory Work Group be for a period of two years.

12/7/2010

14.2 DEVELOPMENT & ENVIRONMENTAL SERVICES REPORT CONT’D

14.2.2 Access Issues & Facilities – Mannum Office, Senior Citizens Clubrooms and Mannum Leisure Centre

Reporting Officer: Kelvin Goldstone This report focuses on the issue of disabled access and facilities associated with the three adjoining buildings at Mannum. The issue of disabled access to the buildings has been debated off and on since the construction of the office additions. In a nutshell the office extensions resulted in the removal of disabled access and parking, together with the removal of ramped paths of travel between the upper level Senior Citizens building and the Leisure Centre/Council office. Council recently resolved to construct a disabled access ramp from the lower level carpark to the Council office/Leisure Centre and to reconstruct the external stairs from the Leisure Centre to the Senior Citizens Clubroom level. With the construction of the ramp and redesign of the stairs the net position will be:-

Senior Citizens Clubrooms Existing upper level carpark incorporating nominated disabled parks satisfies access requirements. Toilet facilities are provided and accessible within the building. Leisure Centre Once the concrete ramp from the lower level carpark is constructed and nominated disabled parks provided, access requirements will be satisfied. There are no toilets for the disabled within the Leisure Centre lower level. There is no internal or external disabled path of travel from the lower level to the toilet facilities within the Senior Citizens Clubroom, disabled toilet facility requirements are therefore not satisfied. Council Office Once the concrete ramp from the lower level carpark is constructed and nominated disabled carparks provided, access requirements will be satisfied. Disabled toilet facilities are provided in the office extension.

12/7/2010


14.2.2 Access Issues & Facilities – Mannum Office, Senior Citizens Clubrooms and Mannum Leisure Centre cont’d In summary the two main issues are the lack of disabled toilets within the Leisure Centre and disabled path of travel between the Senior Citizens Clubrooms and the Leisure Centre/Council Office/lower carpark. Options 1. Once the new access ramp from the lower level carpark is

constructed, dedicate the upper level carpark for Senior Citizens Clubroom use only and nominate additional disabled carparks.

Approximate cost $1,000 Result: Reduces need for use of lower level carpark, all access

and facility provision requirements for the clubroom are met. 2. As per 1 above together with the construction of a new disabled

toilet in the store area of the Leisure Centre lower level. Approximate cost $15,000-20,000 Result: Disabled access and facility provision requirements

satisfied. 3. Construct an external ramp from the Leisure Centre level to the

upper Senior Citizens Clubroom level. Approximate cost $15,000 Result: Access to toilets from the Leisure Centre level will be via

an external ramp. The ramp will provide a path of travel between the two building levels.

The option most closely satisfying access and facility provision requirements is Option 2. It provides increased dedicated carparking for the Senior Citizens Clubroom, provides disabled toilet facilities within the Leisure Centre and provides access to all buildings. Option 3 basically reverts the situation back to how things were before the office extensions were constructed. This option will address concerns of Senior Citizens representatives and satisfy access to disabled toilet facilities for Leisure Centre users albeit via an external ramp. For consideration.

12/7/2010


14.2.3 Tram Cart, Mannum Reporting Officer: Caroline Thomas Manager – Health Services D & M Bartolic have written to Council seeking permission to place a tram cart at Arnold Park in order to serve food to the public. They would like to place the tram cart in Arnold Park near the toilets as shown on the attached site plan. They are proposing to operate on weekends, public holidays, school holidays and during special events for the following hours:

Summer hours – 8am until 8pm Winter hours – 8am until 5pm.

Power will be required for the tram cart. The applicant has also asked whether the caravan can be stored at either the caravan park or another Council location whilst not trading. Their menu consists of gourmet hotdogs, coffee, tea, cold drinks, and homemade scones, muffins and cakes. Councillors may remember that “The Use of Public Roads for Business Purposes Policy (Mobile Food, Icecream Vendors & Roadside Trading)” was adopted at the March 2010 Council meeting and from this policy, general conditions 16.2. and 16.3 are applicable: 16.2 - “This Permit does not authorise the Permit Holder to

conduct the activity authorised by the Permit upon reserves or parks with the Area.”

Although the tram cart will be located in a car parking area it is still within the boundaries of Arnold Park and is seen to contravene this condition.

16.3 - “The Permit Holder, its agents or servants, shall not operate within one kilometre of existing shops selling similar food products within the Area.”

There are 8 existing food shops and 3 pubs within a one kilometre radius. At least 2 existing businesses have hotdogs on their menus although not gourmet style. At least 6 of the existing shops sell cakes and muffins, one of which includes the bakery.

An application lodged for a food van in the same location was previously refused by Council because it was within the one kilometre radius and would impact on local businesses. A photograph of the tram cart is attached. For consideration.

12/7/2010


14.2.4 Rockleigh School House Reporting Officer: Kelvin Goldstone Members would recall a report on the condition of the Rockleigh School House was tabled at the January meeting and included a structural assessment report prepared by Council’s Consulting Engineer, Stan Robb. Council resolved to undertake community consultation in relation to the future of the building. On 22 June 2010 an onsite meeting was held attended by Cr Howie, myself and ten local residents. Options for the future of the building and the site in general were discussed with all generally accepting the fact the building, being in such a poor state, needed to be demolished. Discussion ensued on the possibility of preparing a concept plan for the development of the site into a family friendly park area incorporating:-

Retention of one wall of the school building in a new open sided structure/shelter.

Upgrading the long drop toilets. Upgrading the adjacent tennis courts. Removing dead pine trees. General site improvement. Retention of the Horse Trail facilities.

The production of such a concept plan could also form the basis of future grant applications e.g. Open Space, Tourism and Recreation & Sport (Horse SA). Council’s Consulting Engineer, Stan Robb has indicated a detailed concept plan could be produced for approximately $2,000-3,000. Recommendation: Moved ____________________ Seconded ___________________ that Council endorse the preparation of a concept plan by Council’s Consulting Engineer for the future development and use of the Rockleigh School House site.

12/7/2010


14.2.5 Mannum Main Street Parking Reporting Officer: Kelvin Goldstone This report touches on parking time limits and disabled parking in Randell Street, Mannum. Parking Time Limits The issue of appropriate parking time limits has previously been reported to and debated by Council resulting in the introduction of one (1) hour parking restrictions via the following resolution adopted by Council in 2004:- 7949/2 Cr Taylor moved that Council introduce One Hour Parking in

Randell Street, Mannum, from the Dahl and Warhurst property through to McLaren Street, (western side) and from Trewartha Street through to the Visitor Information Centre (eastern side), between the hours of 9-00am – 5-00pm Monday to Friday and 9-00am – 12noon on Saturday.

Seconded Cr Rothe. The officers report to the May 2004 meeting suggested leaving the portion of Randell Street, north of Shearer Carpark on both sides of the road as two (2) hour parking, for people who needed more than one hour to complete business. This was not adopted in the above resolution. Members may wish to revisit the original recommendation, consider alternatives or leave restrictions as is. Disabled Parks There are currently 141 parallel carparking spaces in Randell Street, comprising:- Eastern side – 68 one hour parks 1 taxi zone 2 disabled parks 4 no limit parks Western side – 73 one hour parks 1 loading zone 3 no limit parks. Additional parking is provided at Shearer Carpark, Arnold Park and Mary Ann Reserve.

12/7/2010


14.2.5 Mannum Main Street Parking cont’d The following resolution was adopted by Council in December 2005:- 8759/1 Cr Taylor moved that the existing taxi stand in front of Elders

Real Estate, Randell Street, Mannum, no longer be a taxi stand and it be declared a disabled parking zone, provided it can be adapted to meet the requirements of a disabled parking zone. Further resolved that a report be provided in relation to re-location of the taxi stand.

Seconded Cr Burgess. In a subsequent report to the March 2006 meeting, Council was advised:- (i) The matter was discussed at a recent meeting of Council’s

Disability Access Review Working Party and it was agreed the site was not suitable for conversion to a disabled parking zone. Compliance with relevant Australian Standards is not possible.

Council adopted the following resolution at the March 2006 meeting:- 8932/4 Cr Taylor moved that the existing taxi stand in front of Elders

Real Estate in Randell Street, Mannum no longer be a taxi stand and the site be established as a normal parking space.

Seconded Cr Townsend. Due to difficulties in relation to high kerbs and footpath slope, provision of disabled parks on the western side of Randell Street, south of Shearer Carpark, is problematic. Additional disabled park/s could be provided north of Shearer Carpark if considered warranted. For consideration. Kelvin Goldstone DIRECTOR, DEVELOPMENT & ENVIRONMENTAL SERVICES

12/7/2010

14.3 CORPORATE AND FINANCIAL SERVICES REPORT Cr moved that the report be received. Seconded Cr 14.3.1 Financial Report

14.3.1.1 Bank Reconciliation Statement as at 30 June 2010

Strategic Plan Reference Finance & Administration Goal 6 The Bank Reconciliation Statement as at the above date is attached. Recommendation: Moved ________________ Seconded________________ that the bank reconciliation statement as at 30 June 2010 of $1,923,611.10 credit be received.

12/7/2010

14.3 CORPORATE AND FINANCIAL SERVICES REPORT CONT’D 14.3.2 Nildottie Tennis Courts Relocation & Lease

Strategic Plan Reference Community Strategy 2.5 & 2.8 At the Council meeting on 10 May 2010 Council resolved that: 1. Council endorse the relocation of the Nildottie Tennis Club Courts

from their current location to Greenways oval, subject to the 21 day community consultation;

2. Council provide in-kind support with the base earth works of the site;

3. Council provide 'bridging finance' in the form of an interest free loan up to $20,000;

4. Council provide a 'peppercorn' lease/license over the site to the Nildottie Tennis Club for 5 years with a 5 year right of renewal

The community consultation period has now ended. Only one submission was received from Doug Prosser, Presiding Officer, on behalf of the Greenways Irrigation Trust Inc. In essence the Trust does not object to relocating the courts to the Greenways oval however they have raised comments in relation to the location of the courts at the oval. The comments from the trust are as follows: “The Trust offers no opinion as to the merit or otherwise of the proposed relocation, however there is concern as to the separation distances as shown on the plan. In order that the existing trees be allowed to remain on the Northern boundary and not interfere with the proposed courts the Northern fence line should be positioned not less than 20M from that boundary. This distance will also provide more of a buffer zone with the Grape Vines on the Northern side of the centre easement, during the spraying season. The existing amenities are used regularly for meetings by the Greenways Trust, Greenways Estates, and various other bodies, and the proposed separation distance of 11.5M between the building and the Western fence line of the courts will create needless access and parking difficulties, and it is considered that this distance should be at least 40M. Whilst not shown on the plan, this increased area would allow provision for shade facilities to be erected without impinging on the activities at the amenities facility. This will also allow the existing asphalt surface of the Basketball court to remain.”

12/7/2010

14.3 CORPORATE AND FINANCIAL SERVICES REPORT CONT’D 14.3.2 Nildottie Tennis Courts Relocation & Lease Cont’d

Given the amount of open space at the site and around the building it would be fair to say that there is adequate car parking and access for all users of the facility. Also given the tennis club will be accessing the building it is appropriate to situate the courts within reasonable proximity to the building. In relation to the basketball court the club intends to erect a basketball backboard on the new courts surface thus creating a better facility. In summary the relocation of the courts has broad community support. The tennis club is helping to create a community hub and recreation precinct. Furthermore they will help to maintain and maximise the existing space and building. Council must consider all the comments from the community in relation to the relocation and work with them to establish this important community space. Recommendation: Moved __________________ Seconded __________________ that Council approves the location of the courts in line with the development application and enter into a lease with the Nildottie Tennis Club Inc over the portion of the land at Greenways Oval. The term of the lease to be five (5) years with the right of renewal for a further term of five (5) years.

12/7/2010

14.3 CORPORATE AND FINANCIAL SERVICES REPORT CONT’D 14.3.3 Minister for State/Local Government Relations

Strategic Plan Reference Finance & Administration Goal 6.0 Hon Gail Gago, Minister for State/Local Government Relations, advises that the Federal Government has decided that one quarter of the Financial Assistance Grants for 2010/2011 will be paid to Councils in June 2010. Mid Murray Council has received the following amounts: $660,726 in general assistance and $167,928 in local road funding. A copy of the letter is attached. Robin S Bourne DIRECTOR, CORPORATE & FINANCIAL SERVICES

12/7/2010

14.4 CHIEF EXECUTIVE OFFICER’S REPORT

Cr moved that the report be received. Seconded Cr 14.4.1 CEO Monthly Report

Please find listed below a summary of meetings I have attended since the last Council meeting.

1. Riverbank Collapse Hazard Advisory Group 2. General interview on Radio Station 5RM 3. Dry Dock Working Party 4. Caretaker Policy Information Session at LGA Office in Adelaide 5. Deputation to Minister Conlon with Adrian Pederick MP and

Brenton Lewis, Murraylands & Riverland RDA regarding dredging of River Murray between Swan Reach and Blanchetown

6. Attended Official Launch of the 2011 Tour Down Under in Adelaide

N.B. Number of meetings is lower than normal due to CEO being on leave for portion of this period. For information.

12/7/2010

14.4 CHIEF EXECUTIVE OFFICER’S REPORT CONT’D 14.4.2 Regional and Local Community Infrastructure Program Round 3 –

2010/11 - $100 Million

Strategic Plan Reference Infrastructure, Asset and Facility Management Strategy 4.0 The Federal Government recently announced an additional $100 million nation building investment in community infrastructure to be shared between all Councils within Australia. The amount each Council will receive will be similar to Round 2, Mid Murray Council will receive $183,000.00. The applications for funding close on 30 July 2010. Projects will have to meet similar eligibility criteria to that which applied to the previous rounds 1 and 2. A copy of the Guidelines are attached. Projects will need to be started within 6 months of the signing of the Funding Agreement (i.e. within 6 months of 30 August 2010). Councils will be required to complete their projects by 31 December 2011. For discussion.

12/7/2010

14.4 CHIEF EXECUTIVE OFFICER’S REPORT CONT’D 14.4.3 Delegations

Council’s Solicitors, Norman Waterhouse, in conjunction with Senior Management have reviewed Council’s Delegations Register in accordance with Section 44(6) of the Local Government Act 1999. The recommendation that follows revokes previous delegations and provides fresh delegations to the Chief Executive Officer, Council’s Development Assessment Panel and Council Committees. In accordance with the Instrument of Delegation the Chief Executive Officer will sub-delegate required powers and functions to relevant staff positions. Recommendation: Moved __________________ Seconded __________________ that having conducted its annual review of the Council’s Delegations Register in accordance with Section 44(6) of the Local Government Act 1999, the Council:

1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following:

1.1.1 Community Titles Act 1996

1.1.2 Development Act 1993 and Development Regulations 2008

1.1.3 Dog & Cat Management Act 1995

1.1.4 Environment Protection Act 1993 and Environment Protection (Waste Management) Policy 1994

1.1.5 Expiation of Offences Act 1996

1.1.6 Fences Act 1975

1.1.7 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005

1.1.8 Food Act 2001

1.1.9 Freedom of Information Act 1991

1.1.10 Housing Improvement Act 1940

1.1.11 Land & Business (Sale and Conveyancing) Act 1994

1.1.12 Liquor Licensing Act 1997

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14.4 CHIEF EXECUTIVE OFFICER’S REPORT CONT’D 14.4.3 Delegations Cont’d



1.1.15 Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005

1.1.16 Occupational Health Safety & Welfare Act 1986

1.1.17 Public and Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008

1.1.18 Roads (Opening & Closing) Act 1991

1.1.19 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 1999 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999

1.1.20 Supported Residential Facilities Act 1992

1.1.21 Unclaimed Goods Act 1987

1.2 Hereby revokes its previous delegations to its Development

Assessment Panel under the Development Act 1993 and Development Regulations 2008.

2. Delegations made under Local Government Act 1999

2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 1-17 (each of which is individually identified as indicated below) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer subject to the conditions and or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

2.1.1 Community Titles Act 1996 (Appendix 1)

2.2.2 Dog & Cat Management Act 1995 (Appendix 2)

2.2.3 Environment Protection Act 1993 (Appendix 3)

2.2.4 Expiation of Offences Act 1996 (Appendix 4)

2.2.5 Fences Act 1975 (Appendix 5)

2.2.6 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 (Appendix 6)

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2.2.7 Freedom of Information Act 1991 (Appendix 7)

2.2.8 Housing Improvement Act 1940 (Appendix 8)

2.2.9 Land & Business (Sale & Conveyancing) Act 1994 (Appendix 9)

2.2.10 Liquor Licensing Act 1997 (Appendix 10)



2.2.13 Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005 (Appendix 13)

2.2.14 Roads (Opening and Closing) Act 1991 (Appendix 14)

2.2.15 Occupational Health Safety and Welfare Act 1986 (Appendix 15)

2.2.16 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 1999 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 (Appendix 16)

2.2.17 Unclaimed Goods Act 1987 (Appendix 17).

2.2 Such powers and functions may be further delegated by the

Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

3. Delegations made under Development Act 1993

3.1 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993, the powers and functions under the Development Act 1993 and the Development Regulations 2008 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 18) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

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Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

3.3 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993 the powers and functions under the Development Act 1993 and the Development Regulations 2008 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 19 are hereby delegated this 12th day of July 2010 to the Council’s Development Assessment Panel, subject to any conditions specified herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

3.4 In exercise of the powers contained in Section 44 of the Local Government Act 1999 (‘the Act’), the powers and functions under Section 36(1) of the Act to conduct (including but not limited to negotiating and settling) proceedings commenced under Section 86 of the Development Act 1993 to which the Council is a Respondent, and anything necessary, expedient or incidental to performing or discharging such powers and functions, are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer (‘CEO’) subject to the conditions specified herein and such powers and functions may be further delegated by the CEO as the CEO sees fit.

3.5 To the extent necessary, the Council also hereby authorises the CEO, or any person nominated in writing by the CEO, to perform the powers and functions described in paragraph 3.3 above subject to the conditions specified herein.

4. Delegations made under Food Act 2001

4.1 In exercise of the powers contained in Section 91 of the Food Act 2001, the powers and functions under the Food Act 2001 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 20) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer (‘the head of the enforcement agency’ for the purposes of the Food Act 2001), subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Food Act 2001.

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Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Food Act 2001.

5. Delegations made under Public and Environmental Health Act

1987

5.1 In exercise of the power contained in Section 6 of the Public and Environmental Health Act 1987, the powers and functions under the Public and Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 21) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.


Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.

6. Delegations under Supported Residential Facilities Act 1992

6.1 In exercise of the power contained in Section 9 of the Supported Residential Facilities Act 1992, the powers and functions under the Supported Residential Facilities Act 1992 contained in the proposed Instrument of Delegation (annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 22) are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.

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Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.

7. Authorisations and Subdelegation under the Road Traffic Act

1961

7.1 That, in accordance with the Notice to the Council dated 17 June 2006 from the Minister for Transport and Urban Planning (‘the Minister’s Notice’), the Council authorises the following officers to exercise, for, and on behalf of the Council, the power conferred on the Council pursuant to the following clauses of the Minister’s Notice in relation to the Road Traffic Act 1961: Clause A.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer;

Clause B.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer; Clause C.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer; Clause D.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer;

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Clause E.1 – Chief Executive Officer, Director - Infrastructure Services, Director - Development and Environmental Services, Director - Corporate and Financial Services, Works Supervisors, Manager – Regulatory Services, General Inspector, Special Projects/Compliance Officer;

subject to –

(i) the conditions contained in the Minister’s Notice;

and

(ii) where applicable the conditions contained within the ‘Notice from the Commissioner of Highways for the Temporary use of Traffic Control Devices by persons other than Road Authorities’ dated 8 April 2002, as amended from time to time;

(iii) any conditions contained in this Resolution or in

such instrument; and

(iv) the creation of a separate instrument in writing reflecting such authorisations under the Minister’s Notice and this Resolution.

7.2 The said instrument shall be in substantially the same form

as the proposed instrument of authorisation annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 23.

7.3 In exercise of the power contained in, and in accordance with, Clause F.1 of the Notice to the Council dated 17 June 2006 from the Minister for Transport (‘the Minister’s Notice’), the power contained in Section 33(1) of the Road Traffic Act 1961 and delegated to the Council pursuant to Clause F of the Minister’s Notice is hereby sub-delegated to the person occupying the office of Chief Executive Officer of the Council subject to:


(ii) any conditions contained in this Resolution or in such instrument; and

(iii) the creation of a separate instrument in writing reflecting such subdelegation under the Minister’s Notice and this Resolution.

7.4 The said instrument shall be in substantially the same form as the proposed instrument of subdelegation annexed to the Report dated 12 July 2010 and entitled Delegations and marked Appendix 23.

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8. Delegations made under policy

8.1 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the Council’s policies and specified in the proposed Instrument of Delegation contained in Appendix 24 are hereby delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer subject to the conditions and/or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

8.2 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

9. Delegations to commence prosecution proceedings

9.1 In exercise of the powers contained in Section 44 of the Local Government Act 1999 (‘the Act’), the power conferred on the Council under Sections 6 and Section 36(1) of the Act are delegated this 12th day of July 2010 to the person occupying the office of Chief Executive Officer, being the power under the:

Local Government Act 1999 and Local Government

(General) Regulations 1999; Local Government (Procedures at Meetings)

Regulations 2000; Local Government (Members Allowances and

Benefits) Regulations 2000;

Dog & Cat Management Act 1995 and Dog and Cat Management Regulations 1995;

Housing Improvement Act 1940; Fire and Emergency Services Act 2005;

Road Traffic Act 1961, Road Traffic (Miscellaneous)

Regulations 1999, Road Traffic Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 and Australian Road Rules 1999 (Part 12);

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Roads (Opening and Closing) Act 1991, Roads (Opening and Closing) Regulations 2006 and Roads (Opening and Closing) (Fees) Regulations 2006; and

Natural Resources Management Act 2004 and the Natural Resources Management (General) Regulations 2005.

(‘the Statutes’),

to commence a prosecution for a breach of the relevant Statute, where the Statute empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

9.2 In exercise of the powers contained in Section 20 of the Development Act 1993 the Council delegates this 12th day of July 2010 the power under Section 6(1) of the Local Government Act 1999 and Section 36(1) of the Local Government Act 1999 to the person occupying the office of Chief Executive Officer to commence a prosecution for a breach of the Development Act 1993 and/ or the Development Regulations 2008 where the Development Act 1993 and/ or the Development Regulations 2008 empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

9.3 In exercise of the powers contained in Section 6 of the Public and Environmental Health Act 1987 the Council delegates this 12th day of July 2010 the power under Section 6(1) of the Local Government Act 1999 and Section 36(1) of the Local Government Act 1999 to the person occupying the office of Chief Executive Officer to commence a prosecution for a breach of the Public and Environmental Health Act 1987 and/or the Public and Environmental Health (Waste Control) Regulations 1991 where the Public and Environmental Health Act 1987 and/or the Public and Environmental Health (Waste Control) Regulations 1991 empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

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14.4 CHIEF EXECUTIVE OFFICER’S REPORT CONT’D

14.4.3 Delegations Cont’d

9.4 In exercise of the powers contained in Section 9 of the

Supported Residential Facilities Act 1992 the Council delegates this 12th day of July 2010 the power under Section 6(1) of the Local Government Act 1999 and Section 36(1) of the Local Government Act 1999 to the person occupying the office of Chief Executive Officer to commence a prosecution for a breach of the Supported Residential Facilities Act 1992 and/or Supported Residential Facilities Regulations 1994 where the Supported Residential Facilities Act 1992 and/or Supported Residential Facilities Regulations 1994 empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

9.5 In exercise of the powers contained in Section 91 of the Food Act 2001 the Council delegates this 12th day of July 2010 the power under Section 6(1) of the Local Government Act 1999 and Section 36(1) of the Local Government Act 1999 to the person occupying the office of Chief Executive Officer to commence a prosecution for a breach of the Food Act 2001 and/or the Food Regulations 2002 where the Food Act 2001 and/or the Food Regulations 2002 empowers the Council to commence prosecution for a breach and to do anything necessary, expedient or incidental to performing or discharging the Council’s power, subject to and in accordance with the Memorandum of Understanding between the Minister for Health and the Local Government Association dated 16 May 2003, and such power may be further delegated by the Chief Executive Officer to an officer or officers of the Council as the Chief Executive Officer sees fit.

10. Delegations to Committees of Council

10.1 In exercise of the power contained in Section 44 of the

Local Government Act 1999, the Council hereby delegates this 12th day of July 2010 the power to expend the Council’s approved budgeted funds, subject to the Council’s policies, under the Local Government Act 1999 and any other Act, in the exercise performance or discharge of the Council’s powers, functions or duties under the Local Government Act 1999 or any other Act, pursuant to Section 137 of the Local Government Act 1999 to the following committees of the Council established under Section 41 of the Local Government Act 1999:

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Mannum Dock Museum Board; Mannum Caravan Park Committee; Mannum Leisure Centre Committee; Morgan Museum Board; Blanchetown Health & Aged Care Committee; and Blanchetown Rural Transaction Centre Advisory

Committee.

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14.4 CHIEF EXECUTIVE OFFICER’S REPORT CONT’D

14.4.4 Lodging of Ordinary Returns

Strategic Plan Reference Finance & Administration Strategy 3.0 Section 66 of the Local Government Act 1999 requires that each member of Council must, on or within 60 days after 30th June in each year, submit to the Chief Executive Officer an ordinary return in accordance with schedule 3. The required form is enclosed with this report.

For members’ attention. Dean H Gollan CHIEF EXECUTIVE OFFICER

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