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3. That Council, acknowledge the review of Confidential Items completed by the CEO (and senior officers) relating to Order A24080 Dated 29 July 2024 related to Audit & Risk Committee Agenda Item 13.1 Normanville Jetty Holiday Park - Management Licence Tender Evaluation and Next Steps; and 4. That Council, under the provisions of sections 91(7) and (9) of the Local Government Act 1999 orders that: The Agenda Report, related attachments and minutes relative to the report for Agenda Item 13.1 Normanville Jetty Holiday Park – Management Licence Tender Evaluation and Next Steps (Audit & Risk Committee Meeting – 29 July 2024) be kept confidential until a further order of Council on the basis that the information is in line with Section 90(3)(d) Commercial Information of a confidential nature (not being a trade secret) that disclosure of which Could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and Would, on balance, be contrary to the public interest That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct a review of the confidentiality order once in every year to the Chief Executive Officer, or their sub-delegate. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order, in part or whole, to the Chief Executive Officer, or their sub-delegate.
Topic: Quarterly Review of Confidential Items
3. That Council notes that the Director of Assets and Environment will be appointed as a member to the FERG with the Manager Assets and Infrastructure acting as proxy.
Topic: Fleurieu Coast Environmental Reference Group (FERG) Membership
2. That Council notes the updated Register of Confidential Items as presented as Attachment A to this report.
Topic: Quarterly Review of Confidential Items
5. That Council appoints Cr Shane Grocke as a proxy member of the FERG for the remainder of the term of the current Council.
Topic: Fleurieu Coast Environmental Reference Group (FERG) Membership
1. That Council receives the Disability Parking Review Update Report. 2. That Council provides support for the development of Disability Access and Inclusion Plan which includes a review of disability parking arrangements, in both private and public areas, providing a plan outlining those disability parking spots that need to be updated, and recommendations on of additional or new disability parking where required. 3. That Council investigate and negotiate to have an extra disability carpark placed at or near the Andrews Avenue, Normanville Chemist (for access to the Chemist).
Topic: Disability Parking Review Update
1. That Council receives the DCY / FRWA - Summer Recycling Collections report.
Topic: DCY / FRWA – Summer Recycling Collections
1. That Council receives the Disability Parking Review Update Report. 2. That Council provides support for the development of Disability Access and Inclusion Plan which includes a review of disability parking arrangements, in both private and public areas, providing a plan outlining those disability parking spots that need to be updated, and recommendations on of additional or new disability parking where required.
Topic: Disability Parking Review Update
1. That Council receives the Fleurieu Coast Environmental Reference Group (FERG) Membership report.
Topic: Fleurieu Coast Environmental Reference Group (FERG) Membership
1. That Council receives the Section 184 – Sale of land for Non-Payment of Rates report.
Topic: Section 184 – Sale of Land for Non-Payment of Rates
1. That Council receives the Chief Executive Officer Report.
Topic: Chief Executive Officer Report
1. That Council receives the Council Committee Minutes Report.
Topic: Council Committee Minutes
1. That Council receive this update report for the Normanville Jetty Holiday Park & Rapid Bay Campground 2. That Council note the signed Management Licence Agreement for Normanville Jetty Holiday Park & Service Agreement for Rapid Bay Campground contained in Attachment A & B of this report.
Topic: Normanville Jetty Holiday Park Management Licence Agreement and Rapid Bay Campground Update
2. That pursuant to Section 184 of the Local Government Act 1999, Council authorises the Chief Executive and other delegated staff to proceed with the Legal investigation and future sale of land to recover its long-term rate debts against assessment number: A46849.
Topic: Section 184 – Sale of Land for Non-Payment of Rates
3. That pursuant to Section 184 of the Local Government Act 1999, Council authorises the Chief Executive and other delegated staff to proceed with the Legal investigation and future sale of land to recover its long-term rate debts against assessment number: A14174.
Topic: Section 184 – Sale of Land for Non-Payment of Rates
2. That Council endorses the proposal to transition from the current $50 subsidised cat desexing program to a fully funded model delivered through the National Desexing Network (NDN) for the 2025/26 financial year, or until available funds are exhausted.
Topic: Proposal to Adopt Fully Funded Desexing via NDN for 2025/26
1. That the report on the March 2025 Monthly Finance Reports be received.
Topic: Monthly Finance Reports
1. That Council receives the Capital Projects Update – April 2025 Report.
Topic: Capital Projects Update
2. That Council notes the minutes of the Audit & Risk Committee Special Meeting held Monday 7 April 2025 as provided in Attachment A.
Topic: Council Committee Minutes
1. That the Fleurieu Regional Waste Authority (FRWA) Update Report be received. 2. That the District Council of Yankalilla approve the draft FRWA Business Plan 2024-27 (2025-26 update) and Budget and Long-Term Financial Plan 2025-26 to 2034-35. 3. That the District Council of Yankalilla approves the Fleurieu Regional Waste Authority Executive Officer or his delegate to apply for a variable loan of $1,250,000 with the LGFA for the continued funding of the Asbestos Contaminated Material Project for a 10 Year period and a variable loan of $1,863,000 with LGFA for an 8-year period to fund the 2025-26 Capital program. 4. That Council receives the Summary Report FRWA Board Meeting 26 March 2025 via Attachment B. 5. That Council receives the ACM Update and Long-Term Financial Plan via Attachment C.
Topic: FRWA Update
1. That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence Agenda Item 15.1 FRWA Update 2. That the Council orders that all members of the public be excluded from attendance at the meeting except the following persons: Nathan Cunningham - Chief Executive Officer Jodie Summer – Director Corporate Services Lisa Pearson – Group Manager Economy & Community Mark Gibson - Director of Assets & Environment Liz Soper – Minute Taker (Strategic Communications Officer) Marni Pritchard – Customer Experience Officer Simon Grenfell - Executive Officer FRWA 3. Having taken into account the relevant considerations contained in Section 90(2) and Section 90(3)(h) of the Act, Council resolves that the information to be received, discussed or considered in confidence is: (h) legal advice 4. That the Council is satisfied that the principle that meetings of the Council be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.
Topic: Moving into Confidential Discussion re FRWA Asbestos
5. That Council acknowledge the review of Confidential Items completed by the CEO (and senior officers) relating to Order C24167 Dated 30 July 2024 related to Special Council Agenda Item 6.1 Normanville Jetty Holiday Park – Management Licence Tender Evaluation and Next Steps; and 6. That Council, under the provisions of sections 91(7) and (9) of the Local Government Act 1999 orders that: The Agenda Report, related attachments and minutes relative to the report for Agenda Item 6.1 Normanville Jetty Holiday Park – Management Licence Tender Evaluation and Next Steps (Special Council Meeting – 30 July 2024) be kept confidential until a further order of Council on the basis that the information is in line with Section 90(3)(d) Commercial Information of a confidential nature (not being a trade secret) that disclosure of which Could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and Would, on balance, be contrary to the public interest That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct a review of the confidentiality order once in every year to the Chief Executive Officer, or their sub-delegate. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order, in part or whole, to the Chief Executive Officer, or their sub-delegate.
Topic: Quarterly Review of Confidential Items
4. That Council appoints Cr Wayne Gibbs as a member of the FERG for the remainder of the term of the current Council.
Topic: Fleurieu Coast Environmental Reference Group (FERG) Membership
2. That Council note the responses provided in the letter from FRWA as provided in Attachment A to this report.
Topic: DCY / FRWA – Summer Recycling Collections
1. That Council receives the April 2025 Minute Action Report and notes the updates provided for outstanding Council resolutions as shown in Attachment A to this report.
Topic: Minute Action Report
1. That Council receives the Opening the Door to Nature – LG Professionals SA Award Finalist report.
Topic: Opening the Door to Nature – LG Professionals SA Award Finalist
1. That Council receives the Dog and Cat Registration Fees 2025-2026 Report. 2. That Council endorses the proposed Dog and Cat Registration Fees for 2025/26 Financial Year as detailed in Table 1 and 2 of the report. 3. That Council approves the waiver of 2024/25 Fees for New Dog and Cat Registrations received during the month of June 2025.
Topic: Dog and Cat Registration Fees 2025-26
1. That Council receives the Asset Management for Heavy Plant 2025-26 Report.
Topic: Asset Management for Heavy Plant 2025-26
2. That Council notes the updated draft Terms of Reference for the FERG as enclosed in Attachment A.
Topic: Fleurieu Coast Environmental Reference Group (FERG) Membership
6. That Council note that the first meeting of the FERG will be held on Monday 28th April 2025.
Topic: Fleurieu Coast Environmental Reference Group (FERG) Membership
1. That Council receives the Proposal to Adopt Fully Funded Desexing via National Desexing Network for the 2025/26 financial year.
Topic: Proposal to Adopt Fully Funded Desexing via NDN for 2025/26
That the meeting be extended to conclude at 7:30pm to allow for the completion of the Agenda.
Topic: Meeting Extension
3. That Council notes the Audit & Risk Committee Chair Summary Report as provided in Attachment B.
Topic: Council Committee Minutes
That the motion be put.
Topic: FRWA Update (Formal Motion)
1. That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence Agenda Item 15.1 FRWA Update 2. That the Council orders that all members of the public be excluded from attendance at the meeting except the following persons: Nathan Cunningham – Chief Executive Officer Jodie Summer -Director Corporate Services Lisa Pearson – Group Manager Economy & Community Mark Gibson - Director of Assets & Environment Michyla Lewis – Minute Taker (Governance and Policy Officer) Marni Pritchard – Customer Experience Officer Nick Noack – Operations Business Manager 3. Having taken into account the relevant considerations contained in Section 90(2) and Section 90(3)(h) of the Act, Council resolves that the information to be received, discussed or considered in confidence is: (h) legal advice 4. That the Council is satisfied that the principle that meetings of the Council be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.
Topic: Move into Confidential Discussion re FRWA Asbestos
1. That the meeting of the Council be adjourned due to reaching the prescribed time limit for the meeting in line with the Code of Practice - Formal Proceedings of Council and Committee Meetings. 2. That the remaining agenda items being 15.1 and 17.1 be held over to be addressed at a reconvened meeting to be held at 3pm Thursday 17 April 2025 in Council Chambers, 1 Charles Street, Yankalilla SA 5203.
Topic: Adjournment of Council Meeting
That the question be adjourned to allow for informal discussion and questions and that the meeting return to resolve Item 15.1 at the conclusion of the informal discussion.
Topic: FRWA Update (Adjournment for informal discussion)
1. That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence Agenda Item 17.1 Normanville Jetty Holiday Park Management Licence Agreement & Rapid Bay Campground Update 2. That the Council orders that all members of the public be excluded from attendance at the meeting except the following persons: Nathan Cunningham – Chief Executive Officer Jodie Summer -Director Corporate Services Lisa Pearson – Group Manager Economy & Community Mark Gibson - Director of Assets & Environment Liz Soper – Minute Taker (Strategic Communications Officer) Marni Pritchard – Customer Experience Officer 3. Having taken into account the relevant considerations contained in Section 90(2) and Section 90(3)(d)(i)(ii) of the Act, Council resolves that the information to be received, discussed or considered in confidence is: (d) commercial information of a confidential nature (not being a trade secret) the disclosure of which- (i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and (ii) would, on balance, be contrary to the public interest; 4. That the Council is satisfied that the principle that meetings of the Council be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.
Topic: Normanville Jetty Holiday Park Management Licence Agreement and Rapid Bay Campground Update (Move into Confidence)
1. That having considered Agenda Item 17.1 Normanville Jetty Holiday Park Management Licence Agreement & Rapid Bay Campground Update in confidence under Sections 90(2) and Section 90(3)(d)(i)(ii) of the Local Government Act 1999, the Council, under the provisions of sections 91(7) and (9) of the Local Government Act 1999 orders that the attachments relative to Agenda Item 17.1 be kept confidential until a further order of Council. 2. That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct an annual review of the confidentiality order to the Chief Executive Officer, or their sub-delegate. 3. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order, in part or in whole, to the Chief Executive Officer, or their sub-delegate. 4. That the public be readmitted to the meeting.
Topic: Retain in Confidence for Normanville Jetty Holiday Park Management Licence Agreement and Rapid Bay Campground Update
That the minutes of the meeting held on 18 March 2025 as circulated to Councillors be confirmed as an accurate record of the proceedings of that meeting.
Topic: Confirmation of Minutes
1. That Council receives the April 2025 Policy Reviews report.
Topic: April 2025 Policy Report
2. That Council notes the updated workplan for the Policy Review Project.
Topic: April 2025 Policy Report
4. That Council adopts the Privately Funded Planning and Design Code Amendments Policy V2.0, as set out in Attachment C, subject to any further minor administrative amendments.
Topic: April 2025 Policy Report
5. That Council adopts the Privately Funded Planning and Design Code Amendments Procedure V2.0, as set out in Attachment E, subject to any further minor administrative amendments.
Topic: April 2025 Policy Report
1. In recognition of traffic, parking, safety and general amenity concerns, Council acknowledged that Administration will collaborate with the Second Valley Progress Association to determine a suitable concept design for the road reserve adjacent Second Valley Caravan Park, Finniss Vale Drive in Second Valley. The purpose of the concept design is to exclude vehicles from entering this area from the adjacent car park (See Map - Attachment A) and to stop its current use as an overflow car park during peak periods. The design will consider, the safety of pedestrians traversing through this section of Finniss Vale Drive, improved amenity, and an improved environmental outcome through the preservation of existing trees located in this reserve. 2. That a report will be presented to Council upon completion of the inhouse design that will at a minimum include the costings of bollards and tyre stops.
Topic: Road Reserve (Adjacent Second Valley Caravan Park) – Finniss Vale Drive, Second Valley
3. That Council adopts the Enforcement Policy V2.0, as set out in Attachment A, subject to any further minor administrative amendments.
Topic: April 2025 Policy Report
1. That Council receives the Quarterly Review of Confidential Items – April 2025 report.
Topic: Quarterly Review of Confidential Items
That the Mayor's Report be included in the minutes of the meeting.
Topic: Mayor's Report
1. That Council note the inclusion of a 2% efficiency dividend in the draft 2025-2026 budget allocation for "Materials, Contracts & Other Expenses”, with any resulting savings over the financial year to be directed toward debt reduction.
Topic: Efficiency Dividend – Cr Hatch
1. That Council receives the Disability Parking Review Update Report. 2. That Council provides support for the development of Disability Access and Inclusion Plan which includes a review of disability parking arrangements, in both private and public areas, providing a plan outlining those disability parking spots that need to be updated, and recommendations on of additional or new disability parking where required. 3. That Council investigate and negotiate to have an extra disability carpark placed at or near the Andrews Avenue, Normanville Chemist (for access to the Chemist).
1. That Council receives the Dog and Cat Registration Fees 2025-2026 Report. 2. That Council endorses the proposed Dog and Cat Registration Fees for 2025/26 Financial Year as detailed in Table 1 and 2 of the report. 3. That Council approves the waiver of 2024/25 Fees for New Dog and Cat Registrations received during the month of June 2025.
Mayor Darryl Houston Field Ward Deputy Mayor David Olsson Field Ward Cr Lawrie Polomka Field Ward Cr Simon Rothwell Field Ward Cr Wayne Gibbs Light Ward Cr Shane Grocke Light Ward Cr Karin Hatch Light Ward Cr Tim Moffat Light Ward Cr Davina Quirke Light Ward STAFF Nathan Cunningham Chief Executive Officer Jodie Summer Director Corporate Services Lisa Pearson Group Manager Economy & Community Mark Gibson Director Assets & Environment Michyla Lewis Minute Taker (Governance and Policy Officer) Marni Pritchard Customer Experience Officer Nick Noack Operations Business Manager
6.1 Mayor's Report C25072 Moved Mayor Houston Seconded Cr Gibbs That the Mayor's Report be included in the minutes of the meeting. CARRIED Unanimously March 12th Meeting with Leon Bignell MP 13th CEO Performance & Remuneration Review Committee Meeting 14th Signing of NJHP & RPCG Contracts 14th Meeting Nick Pearce & Others 14th Myponga Bowling Club Event 18th Pre Council Meeting 18th Ordinary Council Meeting 19th Meeting with Business Victor Harbor 19th Monthly Meeting with CEO NJHP & RBCG Contract Signing – 14 March 2025 "I'm excited to see this long and complex process conclude which secures a positive operational future of such an important community asset through the signing of the management licence agreement. We are confident that visitors and the broader community will benefit from the Park being managed by such a professional operator with extensive and highly relevant experience" SACCA - South Australia Coastal Councils Alliance As a proxy member of the SACCA Committee I wanted to provide the current items being discussed SACCA is reviewing its funding and governance arrangements this year, with revised draft Terms of Reference to be consulted with members in the coming months. Issues being progressed by the Exec Officer: Jetties - still working on the new DIT funding and lease agreements as well as 'hand back' provisions initiated by Tumby Bay Vehicles in the Coastal Zone – SACCA is engaging with DEW and other stakeholders on the review of coastal access on the Yorke Peninsula and potential state-wide implications Surf Life Saving SA – SACCA has engaged with SLSSA to address gaps in pontoon maintenance/management and recommendations from its state funded coastal hazards (sharks) assessments project SACCA has instigated and is supporting delivery of 3 main projects- Climate Ready Coasts – being delivered via the LGASA. $1.4M in Council adaptation planning grants will be announced imminently. Green Infrastructure opportunities for coastal adaptation – being delivered via IPWEA Coastal assets integration into councils' strategic management plans – Climate resilient assets – being delivered via IPWEA Exec Officer, Adam is presenting on SA Jetties to the joint National Coast to Coast & Qld Coastal Conferences in Qld in July 2025. Planning is underway for the 2025 SACCA Coastal Forum to be held on 6-7 November Letter of Support - Project: Bioregional Readiness, Resilience and Regeneration I provided a letter of support (Attachment A to this report) for the following potential programme as per the below request from Josie McLean and introduction from Heather Holmes-Ross. My apologies for this long email, however it outlines the rational, intention of the proposal for "Bioregional Readiness, Resilience and Regeneration” we are submitting to the federal government's Disaster Ready Fund Round 3, due 2nd April. I am hopeful of a letter of support - in-kind at this stage. The Program The program we are proposing is to be delivered in South Australia over a three year period and will target small business and enterprise operators in particular, on a bio-regional basis. We intend to join-up small businesses across a region to strengthen their resilience and that of their communities. My delivery partner (Jane Stewart) and I intended to pilot this approach in the Adelaide Hills and Fleurieu Peninsular in which involves your council. We also intend to collaborate with academic researchers from University of Sydney in this project. Rationale: Small businesses are an overlooked source of community resilience The Small Business Natural Disaster Preparedness and Resilience Inquiry (2022) is powerful reading and revealed these four compelling findings amongst many others, that have previously been overlooked in attempting to build community resilience: 1. Strong relationships of trust between community and businesses ('socio-commercial capital') lead to more resilient, unified communities that work together in response to disasters. 2. In many of the communities local small business leaders are looked to as community leaders in times of disaster. These community leaders are key to disaster preparedness planning and in building resilience in the face of disaster. 3. As of 2022, only 4% of small businesses had a disaster plan in case of natural disaster (unless they had already been through a disaster). 4. Those that do have a plan, often suffer from a sense of inequity and unpredictability in the ways that support is offered after a disaster, with a sense that those who haven't prepared receive better treatment than those who have. Of course, this project should bolster local economies through preparedness too. Support Requested We would greatly appreciate your Council's support to: 1. Assisting us to communicate and promote the program to your local businesspeople and 2. Staff to participate during the program in ways that benefit the council which may range from providing information about your disaster management plans to hearing what our local businesses need in this sphere. 3. Supply a venue in which participants could meet.
7.1 Councillor's Report – Cr Moffat Cr Moffat advised re the unveiling of the Diprotodon at the Yankalilla Museum on 6 April 2025. Cr Moffat also advised of his attendance at a recent Morning Tea at Myponga. 7.2 Councillor's Report – Cr Olsson Cr Olsson advised re his attendance on the Mayor's behalf at AgFest. 7.3 Councillor's Report – Cr Rothwell Cr Rothwell advised he attended the drought forum held at Victor Harbor on 1 April 2025. 7.4 Councillor's Report – Cr Quirke Cr Quirke advised re her attendance of the Diprotodon unveiling and AgFest.
14.1 April 2025 Policy Report C25075 Moved Cr Rothwell Seconded Cr Olsson 1. That Council receives the April 2025 Policy Reviews report. CARRIED Unanimously 2. That Council notes the updated workplan for the Policy Review Project. 3. That Council adopts the Enforcement Policy V2.0, as set out in Attachment A, subject to any further minor administrative amendments. 4. That Council adopts the Privately Funded Planning and Design Code Amendments Policy V2.0, as set out in Attachment C, subject to any further minor administrative amendments. 5. That Council adopts the Privately Funded Planning and Design Code Amendments Procedure V2.0, as set out in Attachment E, subject to any further minor administrative amendments. CARRIED
C25079 Moved Cr Rothwell Seconded Cr Hatch 1. That Council receives the Opening the Door to Nature – LG Professionals SA Award Finalist report. CARRIED Unanimously
C25087 Moved Cr Rothwell Seconded Cr Quirke 1. That Council receives the Proposal to Adopt Fully Funded Desexing via National Desexing Network for the 2025/26 financial year. 2. That Council endorses the proposal to transition from the current $50 subsidised cat desexing program to a fully funded model delivered through the National Desexing Network (NDN) for the 2025/26 financial year, or until available funds are exhausted. CARRIED Unanimously
C25089 Moved Cr Grocke Seconded Cr Gibbs 1. That Council receives the Capital Projects Update – April 2025 Report. Cr Quirke returned to the meeting at 6:39pm Cr Hatch left the meeting at 6:42pm Cr Hatch returned to the meeting at 6:44pm CARRIED Unanimously C25090 Moved Cr Gibbs Seconded Cr Hatch That the meeting be extended to conclude at 7:30pm to allow for the completion of the Agenda. CARRIED Unanimously
C25092 Moved Cr Polomka Seconded Cr Gibbs 1. That Council receives the Council Committee Minutes Report. 2. That Council notes the minutes of the Audit & Risk Committee Special Meeting held Monday 7 April 2025 as provided in Attachment A. CARRIED Unanimously 3. That Council notes the Audit & Risk Committee Chair Summary Report as provided in Attachment B. CARRIED Unanimously
C25071 Moved Cr Hatch Seconded Cr Gibbs That the minutes of the meeting held on 18 March 2025 as circulated to Councillors be confirmed as an accurate record of the proceedings of that meeting. CARRIED Unanimously
Nil
Cr Olsson declared a general conflict of interest as the Chair of the Second Valley Progress Association in relation to Agenda Item 12.1 Road Reserve (Adjacent Second Valley Caravan Park) - Finniss Vale Drive, Second Valley. Cr Olsson advised he will remain in the room and participate in discussion and vote.
12.1 Road Reserve (Adjacent Second Valley Caravan Park) – Finniss Vale Drive, Second Valley – Cr Olsson Cr Olsson declared a general conflict of interest as the Chair of the Second Valley Progress Association in relation to Agenda Item 12.1 Road Reserve (Adjacent Second Valley Caravan Park) – Finniss Vale Drive, Second Valley. Cr Olsson advised he will remain in the room and participate in discussion and vote. C25073 Moved Cr Olsson Seconded Cr Moffat 1. In recognition of traffic, parking, safety and general amenity concerns, Council acknowledged that Administration will collaborate with the Second Valley Progress Association to determine a suitable concept design for the road reserve adjacent Second Valley Caravan Park, Finniss Vale Drive in Second Valley. The purpose of the concept design is to exclude vehicles from entering this area from the adjacent car park (See Map - Attachment A) and to stop its current use as an overflow car park during peak periods. The design will consider, the safety of pedestrians traversing through this section of Finniss Vale Drive, improved amenity, and an improved environmental outcome through the preservation of existing trees located in this reserve. 2. That a report will be presented to Council upon completion of the design. AMENDMENT Moved Cr Quirke Seconded Cr Hatch That the following be included 2. That a report will be presented to Council upon completion of the inhouse design. Cr Hatch, with the consent of Cr Quirke, sought and was granted leave of the meeting to vary the amendment as follows: That (as varied) 2. That a report will be presented to Council upon completion of the inhouse design that will at a minimum include the costings of bollards and tyre stops. CARRIED Motion as AMENDED That: 1. In recognition of traffic, parking, safety and general amenity concerns, Council acknowledged that Administration will collaborate with the Second Valley Progress Association to determine a suitable concept design for the road reserve adjacent Second Valley Caravan Park, Finniss Vale Drive in Second Valley. The purpose of the concept design is to exclude vehicles from entering this area from the adjacent car park (See Map - Attachment A) and to stop its current use as an overflow car park during peak periods. The design will consider, the safety of pedestrians traversing through this section of Finniss Vale Drive, improved amenity, and an improved environmental outcome through the preservation of existing trees located in this reserve. 2. That a report will be presented to Council upon completion of the inhouse design that will at a minimum include the costings of bollards and tyre stops. CARRIED Unanimously
C25076 Moved Cr Gibbs Seconded Cr Rothwell 1. That Council receives the Quarterly Review of Confidential Items – April 2025 report. 2. That Council notes the updated Register of Confidential Items as presented as Attachment A to this report. CARRIED Unanimously C25077 Moved Cr Rothwell Seconded Cr Hatch 3. That Council, acknowledge the review of Confidential Items completed by the CEO (and senior officers) relating to Order A24080 Dated 29 July 2024 related to Audit & Risk Committee Agenda Item 13.1 Normanville Jetty Holiday Park - Management Licence Tender Evaluation and Next Steps; and 4. That Council, under the provisions of sections 91(7) and (9) of the Local Government Act 1999 orders that: The Agenda Report, related attachments and minutes relative to the report for Agenda Item 13.1 Normanville Jetty Holiday Park – Management Licence Tender Evaluation and Next Steps (Audit & Risk Committee Meeting – 29 July 2024) be kept confidential until a further order of Council on the basis that the information is in line with Section 90(3)(d) Commercial Information of a confidential nature (not being a trade secret) that disclosure of which Could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and Would, on balance, be contrary to the public interest That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct a review of the confidentiality order once in every year to the Chief Executive Officer, or their sub-delegate. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order, in part or whole, to the Chief Executive Officer, or their sub-delegate. CARRIED C25078 Moved Cr Rothwell Seconded Cr Olsson 5. That Council acknowledge the review of Confidential Items completed by the CEO (and senior officers) relating to Order C24167 Dated 30 July 2024 related to Special Council Agenda Item 6.1 Normanville Jetty Holiday Park – Management Licence Tender Evaluation and Next Steps; and 6. That Council, under the provisions of sections 91(7) and (9) of the Local Government Act 1999 orders that: The Agenda Report, related attachments and minutes relative to the report for Agenda Item 6.1 Normanville Jetty Holiday Park – Management Licence Tender Evaluation and Next Steps (Special Council Meeting – 30 July 2024) be kept confidential until a further order of Council on the basis that the information is in line with Section 90(3)(d) Commercial Information of a confidential nature (not being a trade secret) that disclosure of which Could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and Would, on balance, be contrary to the public interest That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct a review of the confidentiality order once in every year to the Chief Executive Officer, or their sub-delegate. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order, in part or whole, to the Chief Executive Officer, or their sub-delegate. CARRIED
C25083 Moved Cr Gibbs Seconded Cr Olsson 1. That Council receives the Asset Management for Heavy Plant 2025-26 Report. CARRIED Unanimously
C25091 Moved Cr Grocke Seconded Cr Polomka 1. That Council receives the Chief Executive Officer Report. CARRIED Unanimously
C25093 Moved Cr Polomka Seconded Cr Hatch 1. That Council receives the April 2025 Minute Action Report and notes the updates provided for outstanding Council resolutions as shown in Attachment A to this report. CARRIED Unanimously
15.1 FRWA Update C25094 Moved Cr Gibbs Seconded Cr Rothwell 1. That the Fleurieu Regional Waste Authority (FRWA) Update Report be received. 2. That the District Council of Yankalilla approve the draft FRWA Business Plan 2024-27 (2025-26 update) and Budget and Long-Term Financial Plan 2025-26 to 2034-35. 3. That the District Council of Yankalilla approves the Fleurieu Regional Waste Authority Executive Officer or his delegate to apply for a variable loan of $1,250,000 with the LGFA for the continued funding of the Asbestos Contaminated Material Project for a 10 Year period and a variable loan of $1,863,000 with LGFA for an 8-year period to fund the 2025-26 Capital program. 4. That Council receives the Summary Report FRWA Board Meeting 26 March 2025 via Attachment B. 5. That Council receives the ACM Update and Long-Term Financial Plan via Attachment C. CARRIED FORMAL MOTION C25095 Moved Cr Olsson Seconded Cr Rothwell That the motion be put. Motion LOST Debate resumed on item 15.1 following the Formal Motion being lost Motion without Notice C25096 Moved Cr Moffat Seconded Cr Quirke 1. That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence Agenda Item 15.1 FRWA Update 2. That the Council orders that all members of the public be excluded from attendance at the meeting except the following persons: Nathan Cunningham – Chief Executive Officer Jodie Summer -Director Corporate Services Lisa Pearson – Group Manager Economy & Community Mark Gibson - Director of Assets & Environment Michyla Lewis – Minute Taker (Governance and Policy Officer) Marni Pritchard – Customer Experience Officer Nick Noack – Operations Business Manager 3. Having taken into account the relevant considerations contained in Section 90(2) and Section 90(3)(h) of the Act, Council resolves that the information to be received, discussed or considered in confidence is: (h) legal advice 4. That the Council is satisfied that the principle that meetings of the Council be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential. Cr Moffat, with consent of Cr Quirke, sought and was granted leave of the meeting to withdraw the Motion without Notice. FORMAL MOTION C25096 Moved Cr Moffat Seconded Cr Quirke 1. That the meeting of the Council be adjourned due to reaching the prescribed time limit for the meeting in line with the Code of Practice - Formal Proceedings of Council and Committee Meetings. 2. That the remaining agenda items being 15.1 and 17.1 be held over to be addressed at a reconvened meeting to be held at 3pm Thursday 17 April 2025 in Council Chambers, 1 Charles Street, Yankalilla SA 5203. CARRIED In accordance with the Code of Practice – Formal Proceedings of Council and Committee Meetings, the meeting was adjourned at 7:30pm. The remaining items of business on this Agenda for consideration were adjourned to 3pm on Thursday 17 April 2025 at 1 Charles Street, Yankalilla. Recommencement of Meeting from 15 April 2025 The adjourned meeting of the Council recommenced at 3.02pm on 17 April 2025. The Mayor read aloud "We would like to begin by acknowledging the Traditional owners of the land on which we meet today (the Kaurna, Ngarrindjeri and Ramindjeri people) and pay our respects to their elders past, present and emerging." In Attendance Mayor Darryl Houston Field Ward Deputy Mayor David Olsson Field Ward Cr Lawrie Polomka Field Ward Cr Simon Rothwell Field Ward Cr Wayne Gibbs Light Ward Cr Shane Grocke Light Ward Cr Karin Hatch Light Ward Cr Tim Moffat Light Ward Cr Davina Quirke Light Ward STAFF Nathan Cunningham Chief Executive Officer Jodie Summer Director Corporate Services Lisa Pearson Group Manager Economy & Community Mark Gibson Director Assets & Environment Liz Soper Minute Taker (Strategic Communications Officer) Marni Pritchard Customer Experience Officer GUEST Simon Grenfell Executive Officer – Fleurieu Regional Waste Authority (FRWA) Apologies Nil 15 Regional Subsidiaries and other Organisations/Entities 15.1 FRWA Update C25094 Moved Cr Gibbs Seconded Cr Rothwell 1. That the Fleurieu Regional Waste Authority (FRWA) Update Report be received. 2. That the District Council of Yankalilla approve the draft FRWA Business Plan 2024-27 (2025-26 update) and Budget and Long-Term Financial Plan 2025-26 to 2034-35. 3. That the District Council of Yankalilla approves the Fleurieu Regional Waste Authority Executive Officer or his delegate to apply for a variable loan of $1,250,000 with the LGFA for the continued funding of the Asbestos Contaminated Material Project for a 10 Year period and a variable loan of $1,863,000 with LGFA for an 8-year period to fund the 2025-26 Capital program. 4. That Council receives the Summary Report FRWA Board Meeting 26 March 2025 via Attachment B. 5. That Council receives the ACM Update and Long-Term Financial Plan via Attachment C. Debate resumed on Item 15.1 at the point of the Adjournment. FORMAL MOTION C25097 Moved Cr Moffat Seconded Cr Quirke That the question be adjourned to allow for informal discussion and questions and that the meeting return to resolve Item 15.1 at the conclusion of the informal discussion. CARRIED Motion without Notice Moving into Confidential Discussion re FRWA Asbestos C25098 Moved Cr Moffat Seconded Cr Hatch 1. That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence Agenda Item 15.1 FRWA Update 2. That the Council orders that all members of the public be excluded from attendance at the meeting except the following persons: Nathan Cunningham - Chief Executive Officer Jodie Summer – Director Corporate Services Lisa Pearson – Group Manager Economy & Community Mark Gibson - Director of Assets & Environment Liz Soper – Minute Taker (Strategic Communications Officer) Marni Pritchard – Customer Experience Officer Simon Grenfell - Executive Officer FRWA 3. Having taken into account the relevant considerations contained in Section 90(2) and Section 90(3)(h) of the Act, Council resolves that the information to be received, discussed or considered in confidence is: (h) legal advice 4. That the Council is satisfied that the principle that meetings of the Council be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential. CARRIED The public was excluded from the gallery and the doors closed at 3.10pm At 3.11pm, the Mayor, with the approval of two-third of the members present, suspended the meeting procedures pursuant to Regulation 20(1) of the Local Government (Procedures at Meetings) Regulations 2013, for a period sufficient to facilitate informal discussion in relation Agenda Item 15.2 Moving into Confidential Discussion re FRWA Asbestos and resume at the discretion of the Mayor. The Mayor resumed meeting procedures pursuant to Regulation 20(1) of the Local Government (Procedures at Meetings) Regulations 2013 at 4.08pm. The meeting was reopened to the public at 4.08pm Following informal discussion in confidence, debate on Item 15.1 was recommenced at 4.10pm. 15.1 FRWA Update C25094 Moved Cr Gibbs Seconded Cr Rothwell 1. That the Fleurieu Regional Waste Authority (FRWA) Update Report be received. 2. That the District Council of Yankalilla approve the draft FRWA Business Plan 2024-27 (2025-26 update) and Budget and Long-Term Financial Plan 2025-26 to 2034-35. 3. That the District Council of Yankalilla approves the Fleurieu Regional Waste Authority Executive Officer or his delegate to apply for a variable loan of $1,250,000 with the LGFA for the continued funding of the Asbestos Contaminated Material Project for a 10 Year period and a variable loan of $1,863,000 with LGFA for an 8-year period to fund the 2025-26 Capital program. 4. That Council receives the Summary Report FRWA Board Meeting 26 March 2025 via Attachment B. 5. That Council receives the ACM Update and Long-Term Financial Plan via Attachment C. CARRIED
17.1 Normanville Jetty Holiday Park Management Licence Agreement and Rapid Bay Campground Update Move into Confidence C25099 Moved Cr Hatch Seconded Cr Gibbs 1. That pursuant to Section 90(2) of the Local Government Act 1999 (the Act), the Council considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence Agenda Item 17.1 Normanville Jetty Holiday Park Management Licence Agreement & Rapid Bay Campground Update 2. That the Council orders that all members of the public be excluded from attendance at the meeting except the following persons: Nathan Cunningham – Chief Executive Officer Jodie Summer -Director Corporate Services Lisa Pearson – Group Manager Economy & Community Mark Gibson - Director of Assets & Environment Liz Soper – Minute Taker (Strategic Communications Officer) Marni Pritchard – Customer Experience Officer 3. Having taken into account the relevant considerations contained in Section 90(2) and Section 90(3)(d)(i)(ii) of the Act, Council resolves that the information to be received, discussed or considered in confidence is: (d) commercial information of a confidential nature (not being a trade secret) the disclosure of which- (i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and (ii) would, on balance, be contrary to the public interest; 4. That the Council is satisfied that the principle that meetings of the Council be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential. CARRIED Unanimously The public was excluded from the gallery and the doors closed at 4.13pm C25100 Moved Cr Olsson Seconded Cr Gibbs 1. That Council receive this update report for the Normanville Jetty Holiday Park & Rapid Bay Campground 2. That Council note the signed Management Licence Agreement for Normanville Jetty Holiday Park & Service Agreement for Rapid Bay Campground contained in Attachment A & B of this report. CARRIED Unanimously Retain in Confidence C25101 Moved Cr Olsson Seconded Cr Quirke 1. That having considered Agenda Item 17.1 Normanville Jetty Holiday Park Management Licence Agreement & Rapid Bay Campground Update in confidence under Sections 90(2) and Section 90(3)(d)(i)(ii) of the Local Government Act 1999, the Council, under the provisions of sections 91(7) and (9) of the Local Government Act 1999 orders that the attachments relative to Agenda Item 17.1 be kept confidential until a further order of Council. 2. That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct an annual review of the confidentiality order to the Chief Executive Officer, or their sub-delegate. 3. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order, in part or in whole, to the Chief Executive Officer, or their sub-delegate. 4. That the public be readmitted to the meeting. CARRIED Unanimously
The meeting commenced at 4.00pm. Including recognition of the traditional landowners The Mayor read aloud “We would like to begin by acknowledging the Traditional owners of the land on which we meet today (the Kaurna, Ngarrindjeri and Ramindjeri people) and pay our respects to their elders past, present and emerging."
Nil
Nil
8.1 Ms Jo Anne Bouzianis-Sellick on behalf of the Second Valley Progress Association addressed Elected Members and the Gallery regarding Agenda Item 12.1 Road Reserve (Adjacent Second Valley Caravan Park) – Finniss Vale Drive, Second Valley.
Nil
Questions were asked and answered.
Original Proposed Motion 1. That Council direct the CEO apply a 1.5% efficiency dividend to the draft 2025–2026 budget allocation for “Materials, Contracts & Other Expenses”, with any resulting savings over the financial year to be directed toward debt reduction. Altered Motion (Motion without Notice) C25074 Moved Cr Hatch Seconded Cr Gibbs 1. That Council note the inclusion of a 2% efficiency dividend in the draft 2025-2026 budget allocation for "Materials, Contracts & Other Expenses”, with any resulting savings over the financial year to be directed toward debt reduction. CARRIED Unanimously
C25080 Moved Cr Hatch Seconded Cr Gibbs 1. That Council receives the Dog and Cat Registration Fees 2025-2026 Report. 2. That Council endorses the proposed Dog and Cat Registration Fees for 2025/26 Financial Year as detailed in Table 1 and 2 of the report. 3. That Council approves the waiver of 2024/25 Fees for New Dog and Cat Registrations received during the month of June 2025. CARRIED Cr Quirke Called for a DIVISION The Mayor declared the vote set aside For: Cr Gibbs Cr Grocke Cr Hatch Cr Olsson Mayor Houston Cr Polomka Cr Rothwell Cr Moffat Against: Cr Quirke The Mayor declared the motion CARRIED
The reconvened meeting closed at 4.16pm on 17 April 2025. Confirmed: As an accurate record on 20 May 2025. Chairperson
10.1 Motor Vehicle Replacement / Changeover – Cr Gibbs Question With regard to the recent decision to upgrade the vehicle fleet recently, can Administration please provide the following information: 1. How many vehicles will be replaced or changed over? 2. Approximate differential between new purchase and trade in or what was the overall changeover cost? 3. An explanation of the Stamp Duty and GST exemption that Council receive when purchasing vehicles 4. Benefits of purchasing through State Government Fleet Discount system 5. Why did DCY choose Electric Vehicles on this occasion? 6. An explanation of how Fringe Benefits Tax is calculated with regard to motor vehicles supplied to staff 7. An approximation of the total Fringe Benefits Tax benefit received this Financial Year by purchasing the EV's before 31 March. 8. How much Fringe Benefits Tax was paid by DCY in 2023/24? 9. Is Fringe Benefits Tax recorded as part of the salaries expenses in the financial records? 10. What other options are available for providing vehicles or reimbursing staff for Motor Vehicle use as part of the salary package (e.g. Motor Vehicle Allowance or Novated Leases) and could these benefit DCY? Response Administration initiated the changeover of eight internal combustion engine (ICE) fleet vehicles to Plug-in Hybrid Electric Vehicles (PHEVs) as part of its broader commitment to sustainability, cost-effectiveness, and risk reduction. Information on this changeover was supplied to Council at the March 2025 Council meeting through the Monthly Finance Report. A duplications of this information is supplied at the bottom of the response to this QoN. PHEVs combine an electric motor with a petrol engine and can be charged via a standard power outlet with some charging also available off the petrol engine under certain driving condition. These type of vehicles offer the flexibility of conventional fuel for longer trips while allowing for zero-emission electric driving on shorter, routine trips. Coupled with these benefits, the Australian Tax Office's (ATO) Fringe Benefits Tax (FBT) exemption for eligible zero and low-emission vehicles under the Electric Car Discount was available for PHEVs purchased and delivered ahead of 31 March 2025. Key Points: PHEVs purchased by 31 March 2025 are eligible for FBT exemption and those benefits are available for the 'life' of that vehicle within the fleet operations. The exemption applies to both private and business use of the vehicle. Employers (like Councils) benefit from lower overall operating costs including the 'zero' FBT together with reduced reporting obligations. The decision to transition 8 ICE vehicles to PHEVs is based on the following rationale: Financial Advantage The ATO FBT exemption delivers substantial savings on operational costs and payroll tax implications (expected savings of $250K over 4 years). Reduced fuel and maintenance costs over the vehicle lifecycle. Environmental Aligns with Council's strategic commitment to sustainability and emissions reduction targets. Encourages behaviour change among staff and provides community leadership in the space of hybrid vehicles with minimal emissions. Operational Flexibility PHEVs suit regional travel demands, offering a practical interim solution until full electric vehicle (EV) infrastructure is in place. These types of vehicles also manage the issue of 'range anxiety' by providing extended periods between fuel refills and the ability to use regular fuels. Risk Reduction Lowers Council's exposure to fuel price volatility which has impacted the Council's operating budget in recent years. Supports transition planning and gradual electrification of the fleet without immediate infrastructure dependency. Specific answers to Cr. Gibbs questions are supplied below. 1. How many vehicles will be replaced or changed over? 8 existing vehicles in the light fleet have been changed over from Internal Combustion Engine (ICE) to Plug in Hybrid Electric Vehicle (PHEV). It is important to note that no 'additional' vehicles were added to the fleet through this transition. 2. Approximate differential between new purchase and trade in or what was the overall changeover cost? The total changeover for 8 vehicles was $100K (GST exclusive), averaging out at than $12.5K per changeover. $50,000 (GST exclusive) was already allocated in the 2024-2025 Annual Business Plan for the changeover of one of the vehicles. The remaining costs will be offset in future Fringe Benefit Tax Savings and lower projected running costs. The $50K shortfall has been covered by internal savings achieved between Budget Review 2 and Budget Review 3 and will be presented in Budget Review 3 ensuring no impact to the bottom line to achieve these benefits through bulk changeover. 3. An explanation of the Stamp Duty and GST exemption that Council receive when purchasing vehicles Councils are exempt from stamp duty charges including Stamp duty on vehicle costs. GST is claimed on eligible purchases through the Council's monthly Business Activity Statements (BAS). 4. Benefits of purchasing through State Government Fleet Discount system Council received between 4 - 6% discount on the vehicle purchase price due to the Government Fleet Discount. These 'upfront' savings assist in ensuring strong trade-in prices across the light vehicle fleet. 5. Why did DCY choose Electric Vehicles on this occasion? The Vehicles purchased are Plug in Hybrid Electric Vehicles (PHEV) which have both a battery and Internal Combustion Engine (ICE). The PHEVs were specifically selected as they met the Australian Taxation Office (ATO) criteria for Fringe Benefits Tax (FBT) Exemption without requiring immediate infrastructure upgrades or creating concerns regarding 'range anxiety' given the size of the Council area. As the vehicles were acquired prior to 31 March 2025, they are exempt from future FBT for the life of the vehicles. 6. An explanation of how Fringe Benefits Tax is calculated with regard to motor vehicles supplied to staff FBT is a tax that employers in Australia pay when they provide non-cash benefits, like the personal use of a company car, to their employees. FBT on a car used for personal purposes is calculated based on the private use of the vehicle with these details obtained through annual log-book record keeping. There are two main methods for calculating FBT on cars in Australia: The Statutory Formula Method and the Operating Cost Method. DCY generally uses the Statutory Formula Method. Statutory Formula Method (Simpler method) This method assumes a fixed percentage of the car's value represents the fringe benefit, regardless of actual private use. The calculation uses the car's Base Value and a standard Statutory Rate of 20% per year. Formula: FBT = (Car's Base Value x Statutory Rate x Days Available for Private Use ÷ 365 days) x Gross-up Rate x FBT Rate Car Base Value: The original cost of the car, including GST, at the time the employer acquired it. Statutory Rate: 20% of the car's value is assumed to be for private use. Days Available for Private Use: The number of days the car was available for personal use by the employee. Gross-up Rate: A figure used to adjust for the tax. The current gross-up rate for FBT purposes is around 2.0802. FBT Rate: The current FBT rate is 47%. Example: If a car has a base value of $30,000 and is available for private use for 365 days: FBT = ($30,000 x 20% x 365 ÷ 365) x 2.0802 x 47% FBT = $6,240 (approx.) 7. An approximation of the total Fringe Benefits Tax benefit received this Financial Year by purchasing the EV's before 31 March. Fringe Benefits Tax is not a benefit received by Council but is a tax Council pays the ATO on the use of motor vehicles when they are available for private use (which includes driving to and from work, otherwise known as 'commuter use'). The Fringe Benefit Tax year is 1 April to 31 March. Given that Council purchased the FBT exempt vehicles prior to the commencement of the 1 April 2025 – 31 March 2026 FBT period, it is estimated that Council will save approximately $74,500 during this period. Given the PHEV vehicles are exempt from FBT this saving will occur for the life Council holds the vehicles and administration will continue to monitor opportunities for further savings into the future. 8. How much Fringe Benefits Tax was paid by DCY in 2023/24? The Fringe Benefits Tax paid for the 2023-2024 FBT year was $68,623.29 and essentially this amount will be saved next FY. 9. Is Fringe Benefits Tax recorded as part of the salaries expenses in the financial records? The Fringe Benefits Tax paid is budgeted and recorded as part of the 'Employee Costs' category in Operating Expenditure. 10. What other options are available for providing vehicles or reimbursing staff for Motor Vehicle use as part of the salary package (e.g. Motor Vehicle Allowance or Novated Leases) and could these benefit DCY? Council currently offers various options for motor vehicle use. Each 1. Provision of a Council-Owned Vehicle (Fringe Benefit Vehicle): DCY owns the vehicle, and it is provided for business and private use. 2. Motor Vehicle Allowance (cents-per kilometer or fixed allowance): Employees use their own vehicle for work purposes and receive a set reimbursement. 3. Novated Lease: A three-way agreement between the employer, employee, and a leasing company. Lease costs are deducted from pre-tax salary, often bundled with fuel, maintenance, registration, and insurance. 4. Car Pool / Shared Fleet: A pool of Council vehicles used during work hours, booked via system or admin staff. Administration has previously considered the insurance and WHS Risks associated with alternative options. A summary of these considerations is supplied below for information. Option Insurance Risk WHS Risk 1. Council- Owned Vehicle DCY insures vehicle. Covers both work and personal use. Policy enable personal use accident excess to be recouped. Full control and responsibility for safety, maintenance sits with DCY. 2. Motor Vehicle Allowance Staff must have own insurance with business use. DCY has little oversight of policy adequacy. Limited control over vehicle condition or safety. 3. Novated Lease Employee is responsible. Risk if used for work without adequate policy. Responsibility sits with employee. 4. Shared Fleet / Pool Cars DCY covers insurance. Multiple users increases exposure and complicates claims if not well documented. Vehicles must be regularly maintained and checked for safety by DCY. REPEAT OF COUNCIL AGENDA REPORT 14.11 – 18 March 2025 15. Dispensations 15.1. Dispensations from the procurement processes and requirements outlined in the Policy require the approval of the CEO. 15.2. Any dispensation approved by the CEO valued over $50,000 is included in the subsequent period's Administration Report to Council. 15.3. A dispensation from the procurement policy was sought and approved by the CEO to enable the changeover of 8 existing light fleet vehicles to Plug In Hybrid Electric Vehicles (PHEV). An opportunity existed to benefit from The federal government's Fringe Benefits Tax (FBT) exemption for PHEVs that ceases on 31 March 2025. Swift action was necessary to engage directly with PHEV suppliers for model options and to test suitability. 15.4. As part of the 2024-25 Plant replacement program, two (2) vehicles were identified as needing to be replaced and a further two (2) have exceeded their preferred age/km ranges. The remaining vehicles are of an age/km/condition that their resale value is high. 15.5. Administration have been working directly with BYD to source a fleet of PHEVs. 15.6. The changeover has a 100% payback period within 1 year given the outlay on PHEV's less trade in / sale of existing vehicles less FBT no longer payable because of the exemption. 15.7. Going forward, after year one, an annual saving on FBT will be delivered and an reduction in fuel costs should be achieved. 15.8. Background: 15.8.1. The District Council of Yankalilla recently participated in the Local Government Net Zero Accelerate program - a program for South Australian Local Government Councils, delivered by Dsquared Consulting, to support councils in reducing their carbon emissions. This program was the first of its kind in the state and aims to help councils create their emissions profiles, identify reduction opportunities, and develop strategies to achieve net zero emissions by 2050. The program was funded by a $120,000 state grant and was being coordinated by the Local Government Association of South Australia (LGA). 15.8.2. As a participant of this program, Council's Administration worked with Dsquared to create a base level emissions profile. This information highlighted Council's largest greenhouse gas emitter is in the transport sector, specifically fuel. This, and some substantial Fringe Benefits Tax exemptions have driven the opportunity to procure lower emission vehicles. The Net Zero report recommended that Council review and develop detailed business cases and implementation plans for initiatives that will have a large capital or operational cost impact. 15.8.3. A business case was developed to support an operational decision to transition Council's light fleet to PHEV's. The business case presented an argument for cost savings as well as greenhouse gas emission reduction. 15.8.4. From 1 April 2025, a plug-in hybrid electric vehicle will not be considered a zero or low emissions vehicle under FBT law. 15.8.5. However, employers can continue to apply the exemption if both the following requirements are met: Use of the plug-in hybrid electric vehicle was exempt before 1 April 2025. You have a financially binding commitment to continue providing private use of the vehicle on and after 1 April 2025. For this purpose, any optional extension of the agreement is not considered binding. Source: Electric cars exemption | Australian Taxation Office (ato.gov.au)
Nil
Recommendation 1. That Council receives the Disability Parking Review Update Report. 2. That Council provides support for the development of Disability Access and Inclusion Plan which includes a review of disability parking arrangements, in both private and public areas, providing a plan outlining those disability parking spots that need to be updated, and recommendations on of additional or new disability parking where required. Altered Motion (Motion without Notice) C25081 Moved Cr Quirke Seconded Cr Gibbs 1. That Council receives the Disability Parking Review Update Report. 2. That Council provides support for the development of Disability Access and Inclusion Plan which includes a review of disability parking arrangements, in both private and public areas, providing a plan outlining those disability parking spots that need to be updated, and recommendations on of additional or new disability parking where required. 3. That Council investigate and negotiate to have an extra disability carpark placed at or near the Andrews Avenue, Normanville Chemist (for access to the Chemist). Motion LOST Cr Quirke Called for a DIVISION The Mayor declared the vote set aside For: Cr Gibbs Cr Houston Cr Quirke Cr Moffat Against: Cr Grocke Cr Hatch Cr Olsson Cr Polomka Cr Rothwell The Mayor declared the Motion LOST Motion without Notice C25082 Moved Cr Rothwell Seconded Cr Olsson 1. That Council receives the Disability Parking Review Update Report. 2. That Council provides support for the development of Disability Access and Inclusion Plan which includes a review of disability parking arrangements, in both private and public areas, providing a plan outlining those disability parking spots that need to be updated, and recommendations on of additional or new disability parking where required. CARRIED Unanimously
C25084 Moved Cr Quirke Seconded Cr Hatch 1. That Council receives the Fleurieu Coast Environment Reference Group (FERG) Membership report. 2. That Council notes the updated draft Terms of Reference for the FERG as enclosed in Attachment A. 3. That Council notes that the Director of Assets and Environment will be appointed as a member to the FERG with the Manager Assets and Infrastructure acting as proxy. 4. That Council appoints Cr Wayne Gibbs as a member of the FERG for the remainder of the term of the current Council. 5. That Council appoints Cr Shane Grocke as a proxy member of the FERG for the remainder of the term of the current Council. 6. That Council note that the first meeting of the FERG will be held on Monday 28th April 2025. CARRIED Unanimously
C25085 Moved Cr Rothwell Seconded Cr Gibbs 1. That Council receives the Section 184 – Sale of land for Non-Payment of Rates report. 2. That pursuant to Section 184 of the Local Government Act 1999, Council authorises the Chief Executive and other delegated staff to proceed with the Legal investigation and future sale of land to recover its long-term rate debts against assessment number: A46849. 3. That pursuant to Section 184 of the Local Government Act 1999, Council authorises the Chief Executive and other delegated staff to proceed with the Legal investigation and future sale of land to recover its long-term rate debts against assessment number: A14174. CARRIED
C25086 Moved Cr Hatch Seconded Cr Rothwell 1. That Council receives the DCY / FRWA - Summer Recycling Collections report. 2. That Council note the responses provided in the letter from FRWA as provided in Attachment A to this report. CARRIED Unanimously
C25088 Moved Cr Gibbs Cr Quirke left the meeting at 6:36pm Seconded Cr Hatch 1. That the report on the March 2025 Monthly Finance Reports be received. CARRIED Unanimously