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1. That Council receives the Council Response to the draft Greater Adelaide Regional Plan report. 2. That Council endorses the Letter to the State Planning Commission – Response to the draft Greater Adelaide Regional Plan (Attachment A) and the draft Greater Adelaide Regional Plan Submission at Attachment B.
Topic: Council Response to the Greater Adelaide Regional Plan (GARP)
1. That Council receives and notes the Fleurieu Regional Assessment Panel Operations Report.
Topic: Fleurieu Regional Assessment Panel (FRAP) Operations Report – 2022 to 2024
1. That Council receive the Draft Realigned DCY VISION 2030 Strategic Community Plan Report. 2. That the results of the detailed community engagement program as outlined in Attachment B and C be noted. 3. That the Draft DCY VISION 2030 Strategic Community Plan (refer Attachment A) be endorsed for public consultation, which will be held from Wednesday, 20 November 2024 for a period of at least 21 days.
Topic: Draft Realigned DCY VISION 2030 Strategic Community Plan for Consultation
Recommendation 1. That the Community Grants Assessment Panel Recommendations report be received. Recommendation 2. That in line with the Recommendations of the Community Grant Assessment Panel (established to review and recommend), the following Community Grant funding for the financial year of 2024/25 be provided: Yankalilla & District Historical Society - Publication of "Cemeteries of the Yankalilla District – Early Burials" - $1,100. Recommendation 3. That in line with the Recommendations of the Community Grant Assessment Panel (established to review and recommend), the following Community Grant funding for the financial year of 2024/25 be provided: Wirrina Cove Social Golf Club - Computer scoring system - $1,000. Yankalilla Netball Club - Uniform subsidy - $1,500. Myponga Netball Club - Court roster signage - $460. Recommendation 4. That in line with the Recommendations of the Community Grant Assessment Panel (established to review and recommend), the following Community Grant funding for the financial year of 2024/25 be provided: Inman Valley Memorial Hall - Kitchen upgrade plus extension ladder - $845. Rapid Bay Primary School - Crops & Chooks: Kitchen Garden - $1,500. Yankalilla Youth Arts Incorp - Audio recording of “Tumbleweed" and film music score - $2,460. 5CY - Community Pantry - $2,500. Yankalilla & District Interchurch Council - YAS & MPS Breakfast Club - $1,200. Myponga Progress Association - Community Christmas Party - $1,000.
Topic: Community Grants - Assessment Panel Recommendations
1. That Council receives the Chief Executive Officer Report.
Topic: CEO Report
Recommendation 1 - Move into Confidence 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 Confidential Council Committee Minutes. 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 Ritu Datta – Acting Director Corporate Services Lisa Pearson – Group Manager Economy & Community Ross Whitfield - Director of Assets & Environment Michyla Lewis – Minute Taker (Policy & Organisational Development Officer) Marni Pritchard – Customer Experience Officer 3. Having taken into account the relevant considerations contained in Section 90(2) and Sections 90(3)(b) and 90(3)(d) of the Act, Council resolves that the information to be received, discussed or considered in confidence is: Section 90(3)(b) Information the disclosure of which (i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and (ii) would, on balance, be contrary to the public interest Section 90(3)(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: Confidential Audit and Risk Committee Minutes
That the meeting be extended to 7:10 pm to allow completion of the Agenda.
Topic: Footpaths - Cr Quirke (Extension of Meeting)
That the minutes of the Ordinary Council meeting held 15 October 2024, Special Council Meetings 5 November 2024 and 12 November 2024, as circulated to Councillors, be confirmed as an accurate record of the proceedings of those meetings.
Topic: Confirmation of Minutes
1. That the Council authorise the CEO to provide a report and an article in 'In the Loop' and a media release outlining the change of ownership of the former ACH and medical facilities on Main South Road Yankalilla and provide clarity on what this means for the future of the site.
Topic: ACH/Medical Centre Yankalilla - Cr Quirke
That the Mayor's Report be included in the minutes of the meeting.
Topic: Mayor's Report
1. That the Fleurieu AG FEST 2025 report be received. 2. That Council rescinds its resolution C24231 from the meeting held on 15 October 2024. 3. That in place of that decision (C24231), Council hereby endorses the proposal from the Parawa Agricultural Bureau (Attachment A) recently received by Council and resolves to allocate $15,000 to deliver AgFest in 2025 with support from the Parawa Agricultural Bureau. 4. That in order to support AG FEST under a community empowerment model, the Council expresses its intention to commit future funding for AG FEST on a sliding scale over the next two financial years, subject to detailed consideration as part of the Annual Budget development process, as follows: $10,000 for financial year 2025/2026 $5,000 for financial year 2026/2027 5. That Council reiterates that future funding allocations beyond the current financial year are subject to confirmation during the annual budget development process and may be adjusted or not allocated based on financial priorities and operational requirements at the time.
Topic: Parawa Agricultural Bureau Proposal to Deliver 2025 Fleurieu AG FEST
1. That Council receives and notes the Lot 42 Hay Flat Road Code Amendment Report. 2. That Council endorses the letter as contained in Attachment A as a suitable response to the draft Lot 42 Hay Flat Road Code Amendment by the Designated Entity, Silver Walnut Pty Ltd as trustee for S&S Property Trust, affecting land at Lot 42 Hay Flat Road Normanville. 3. Authorise Administration to make changes of a minor technical and formatting nature to the letter addressed to the Designated Entity (Attachment A).
Topic: Lot 42 Hay Flat Road Code Amendment
1. That Council receives the Reconstitution of the Fleurieu Regional Assessment Panel (FRAP) Report. 2. That Council approves the inclusion of the City of Victor Harbor within the Fleurieu Regional Assessment Panel and writes to the Minister for Planning to request that the Fleurieu Regional Assessment Panel be reconstituted to include the Alexandrina Council, City of Victor Harbor and District Council of Yankalilla areas. 3. That Council endorses the creation of a Selection Panel comprising of the Group Manager Regional Development (Alexandrina Council), the Director Community and Development (City of Victor Harbor) and the Director of Assets and Environment (District Council of Yankalilla) or their delegate, to call for Expressions of Interest for Panel Members and to undertake a selection process; as well as considering the appointment of the Panel's Assessment Manager. 4. That Council receive a further report if the Minister reconstitutes the FRAP as requested, with the Selection Panel's recommended appointments; to appoint the Council Member representative to the FRAP; and to approve the reconstituted Panel's Terms of Reference.
Topic: Reconstitution of the Fleurieu Regional Assessment Panel (FRAP)
That in line with the Recommendations of the Community Grant Assessment Panel (established to review and recommend), the following Community Grant funding for the financial year of 2024/25 be provided: Yankalilla Normanville Progress Association - Heart Safe Community Project - $1,000
Topic: Community Grants - Assessment Panel Recommendations (Recommendation 5)
1. That Council receives the November 2024 Policy Reviews report. 2. That Council notes the endorsement from the Audit and Risk Committee and their recommendation to Council for adoption for the following policy documents: Asset Accounting Policy V2.0 Asset Management Policy V1.4 Internal Financial Controls Framework V2.0 Treasury Management Policy V4.0 3. That Council adopts the Asset Accounting Policy V2.0, as set out in Attachment A, subject to any further minor administrative amendments. 4. That Council adopts the Asset Management Policy V1.4, as set out in Attachment C, subject to any further minor administrative amendments. 5. That Council adopts the Internal Financial Controls Framework V2.0, as set out in Attachment E, subject to any further minor administrative amendments. 6. That Council adopts the Treasury Management Policy V4.0, as set out in Attachment G, subject to any further minor administrative amendments. 7. That Council adopts the District and Town Entrance Signboards Policy V2.0, as set out in Attachment I, subject to any further minor administrative amendments.
Topic: November 2024 Policy Reviews
1. That the Council receive the Committee Minutes Report. 2. That Council note the Audit & Risk Committee Chair summary report to Council October and November 2024. 3. That Council note the FRCSAC Minutes held 12 November 2024.
Topic: Council Committee Minutes
1. That Council receive the First Quarter Budget Review 2024-25 Report. 2. That Council receive the 2024-25 Budget Review 1 revisions set out in this report, as presented in Attachment A, and that they be adopted as the current Council budget for 2024-25.
Topic: First Quarter Budget Review 2024-25
2. That Council request the Chief Executive Officer (CEO) or delegate to prepare a report outlining the costs, benefits, and potential implications of introducing a green waste voucher scheme for residents who are currently ineligible for kerbside green waste collection. 3. That the report be presented to Council no later than the February 2025 Council meeting to inform further decision-making.
Topic: Green Waste Voucher Scheme - Cr Quirke
1. That Council receive the Risk Appetite Report. 2. That Council acknowledges the endorsement of the Audit and Risk Committee of the Draft District Council of Yankalilla Risk Appetite Statements. 3. That Council adopt the Draft District Council of Yankalilla Risk Appetite Statements, as set out in Attachment A to this report as the Organisational Risk Appetite.
Topic: Risk Appetite Report
1. That the October 2024 Monthly Finance Reports Report be received.
Topic: Monthly Finance Report
1. That Council receives the Capital Projects Update Report.
Topic: Capital Projects Update
1. That having considered Agenda Item 17.1 Confidential Council Committee Minutes in confidence under Sections 90(2) and Sections 90(3)(b) and (d) 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 agenda report, related attachments, discussion and minutes 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 to the Chief Executive Officer, or their sub-delegate. 4. That the public be readmitted to the meeting.
Topic: Period of confidentiality and delegations
1. That Council receives the 2023-24 Annual Financial Statements and Annual Report. 2. That Council adopts the District Council of Yankalilla 2023-24 Annual Financial Statements and authorises the Mayor and Chief Executive Officer to sign the Certification of Financial Statements. Further, that the Chief Executive Officer is authorised to sign the Management Representation Letter. 3. That Council endorses the Presiding Member of the Audit & Risk Committee, together with the Chief Executive Officer, to authorise the Certification of Auditor Independence to be included in the Annual Financial Statements for the year ended 30 June 2024. 4. That Council adopts the 2023-24 District Council of Yankalilla Annual Report for publication and release (subject to minor administrative amendments, including but not limited to the inclusion of the signed certification of financial statements, inclusion of signed independent audit report and signed independent assurance report on internal controls) with the inclusion of the 2023-24 Annual Financial Statements, and the 2023-24 Southern and Hills Local Government Association (S&HLGA) Annual Report and 2023-24 Fleurieu Regional Waste Authority (FRWA) Annual Report.
Topic: 2023-24 Annual Financial Statements and Annual Report
1. That the BIG4 Normanville Jetty Holiday Park Quarter 1 2024-25 Financial Report be received.
Topic: BIG4 Normanville Jetty Holiday Park Quarter 1 2024-25 Financial Report
1. That Council advise Second Valley Progress Association, Fleurieu Marine Education, Normanville Surf Life Saving Club and Yankalilla Area School that the Community Grant fund was oversubscribed for 2024/25 and their funding submissions (after weighted assessment and discussion by the Community Grants Assessment Panel) were not successful for this year. 2. That Fleurieu Marine Education be advised that in-kind marketing support is offered for their Coastal Adventures program. 3. That Normanville Surf Life Saving Club be advised that in-kind marketing support and use of the event trailer is offered for the Carri to Club Swim, Walk, Run event.
Topic: Community Grants - Assessment Panel Recommendations (Recommendation 6)
1. That Council receive November 2024 Minute Action Report.
Topic: Minute Action Report
That (as varied): 1. That Council request that staff provide a presentation to Elected Members detailing the current processes and practices for footpath maintenance, including: The methods and criteria used for identifying footpath defects and prioritising rectification works. The types of maintenance and repair work typically undertaken and associated timeframes. An overview of the resources allocated to footpath maintenance, including staffing, equipment, and budget. Any opportunities for improvement or innovation in defect identification and maintenance practices. 2. That the presentation be scheduled for the February 2025 (or as soon as possible after this date) Elected Member Information and Briefing Session, with sufficient time allocated for questions and discussion.
Topic: Footpaths - Cr Quirke
2. That Council request the Chief Executive Officer (CEO) or delegate to prepare a report outlining the costs, benefits, and potential implications of introducing a green waste voucher scheme for residents who are currently ineligible for kerbside green waste collection. 3. That the report be presented to Council no later than the February 2025 Council meeting to inform further decision-making.
That (as varied): 1. That Council request that staff provide a presentation to Elected Members detailing the current processes and practices for footpath maintenance, including: The methods and criteria used for identifying footpath defects and prioritising rectification works. The types of maintenance and repair work typically undertaken and associated timeframes. An overview of the resources allocated to footpath maintenance, including staffing, equipment, and budget. Any opportunities for improvement or innovation in defect identification and maintenance practices. 2. That the presentation be scheduled for the February 2025 (or as soon as possible after this date) Elected Member Information and Briefing Session, with sufficient time allocated for questions and discussion.
1. That Council receive the Draft Realigned DCY VISION 2030 Strategic Community Plan Report. 2. That the results of the detailed community engagement program as outlined in Attachment B and C be noted. 3. That the Draft DCY VISION 2030 Strategic Community Plan (refer Attachment A) be endorsed for public consultation, which will be held from Wednesday, 20 November 2024 for a period of at least 21 days.
1. That the Fleurieu AG FEST 2025 report be received. 2. That Council rescinds its resolution C24231 from the meeting held on 15 October 2024. 3. That in place of that decision (C24231), Council hereby endorses the proposal from the Parawa Agricultural Bureau (Attachment A) recently received by Council and resolves to allocate $15,000 to deliver AgFest in 2025 with support from the Parawa Agricultural Bureau. 4. That in order to support AG FEST under a community empowerment model, the Council expresses its intention to commit future funding for AG FEST on a sliding scale over the next two financial years, subject to detailed consideration as part of the Annual Budget development process, as follows: $10,000 for financial year 2025/2026 $5,000 for financial year 2026/2027 5. That Council reiterates that future funding allocations beyond the current financial year are subject to confirmation during the annual budget development process and may be adjusted or not allocated based on financial priorities and operational requirements at the time.
Nil
6.1 Mayor's Report C24246 Moved Mayor Houston Seconded Cr Quirke Recommendation 1. That the Mayor's Report be included in the minutes of the meeting. CARRIED Unanimously October 14th Meeting with Community Bank Fleurieu 14th ABC Radio Interview - Cliff Rescues 15th Ordinary Council Meeting 16th Community Grants assessment Panel
7.1 Cr Quirke reported on her representation of Council at Country Cabinet with the CEO and attendance a various community meetings and events throughout the month. 7.2 Cr Quirke provided an update on the Friends of Yankalilla/ Normanville Dog Park Committee - advising that they have gained another $10,000 through fundraising. 7.3 Cr Hatch attended the Yankalilla Area School on behalf of the Mayor and attended the laying of the wreaths for Remembrance Day.
Wendy Hunt addressed the Gallery and Elected Members about the ACH land. Mayor Houston sought and was granted leave of the meeting to change the order of proceedings to consider Agenda Item 12.1 immediately, while the person who delivered the deputation was present.
Nil
Note: Agenda item 12.1 was considered directly after Agenda Item 8.2 after the Mayor sought and was granted leave of the meeting to change the order of proceedings to consider Agenda Item 12.1 immediately, while the person who delivered the deputation was present.
Nil
C24253 Moved Cr Gibbs Seconded Cr Olsson 1. That Council receives the Reconstitution of the Fleurieu Regional Assessment Panel (FRAP) Report. 2. That Council approves the inclusion of the City of Victor Harbor within the Fleurieu Regional Assessment Panel and writes to the Minister for Planning to request that the Fleurieu Regional Assessment Panel be reconstituted to include the Alexandrina Council, City of Victor Harbor and District Council of Yankalilla areas. 3. That Council endorses the creation of a Selection Panel comprising of the Group Manager Regional Development (Alexandrina Council), the Director Community and Development (City of Victor Harbor) and the Director of Assets and Environment (District Council of Yankalilla) or their delegate, to call for Expressions of Interest for Panel Members and to undertake a selection process; as well as considering the appointment of the Panel's Assessment Manager. 4. That Council receive a further report if the Minister reconstitutes the FRAP as requested, with the Selection Panel's recommended appointments; to appoint the Council Member representative to the FRAP; and to approve the reconstituted Panel's Terms of Reference. CARRIED Unanimously
C24256 Moved Cr Hatch Seconded Cr Gibbs 1. That the BIG4 Normanville Jetty Holiday Park Quarter 1 2024-25 Financial Report be received. CARRIED Unanimously
C24257 Moved Cr Hatch Seconded Cr Gibbs 1. That Council receive the Risk Appetite Report. 2. That Council acknowledges the endorsement of the Audit and Risk Committee of the Draft District Council of Yankalilla Risk Appetite Statements. 3. That Council adopt the Draft District Council of Yankalilla Risk Appetite Statements, as set out in Attachment A to this report as the Organisational Risk Appetite. CARRIED Unanimously
Cr Olsson returned to the meeting at 6.18pm C24262 Moved Cr Gibbs Seconded Cr Hatch 1. That the October 2024 Monthly Finance Reports Report be received. CARRIED Unanimously
C24264 Moved Cr Gibbs Seconded Cr Quirke 1. That Council receives the Chief Executive Officer Report. CARRIED Unanimously
Nil
C24269 Moved Cr Quirke Seconded Cr Gibbs 1. That having considered Agenda Item 17.1 Confidential Council Committee Minutes in confidence under Sections 90(2) and Sections 90(3)(b) and (d) 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 agenda report, related attachments, discussion and minutes 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 to the Chief Executive Officer, or their sub-delegate. 4. That the public be readmitted to the meeting. CARRIED Unanimously
C24271 Moved Cr Quirke Seconded Cr Hatch Original Motion 1. That Council request that staff provide a presentation to Elected Members detailing the current processes and practices for footpath maintenance, including: The methods and criteria used for identifying footpath defects and prioritising rectification works. The types of maintenance and repair work typically undertaken and associated timeframes. An overview of the resources allocated to footpath maintenance, including staffing, equipment, and budget. Any opportunities for improvement or innovation in defect identification and maintenance practices. 2. That the presentation be scheduled for the February 2025 Elected Member Information and Briefing Session, with sufficient time allocated for questions and discussion. Cr Quirke, with the consent of Cr Hatch agreed to vary the motion as follows: Variation Motion That (as varied): 1. That Council request that staff provide a presentation to Elected Members detailing the current processes and practices for footpath maintenance, including: The methods and criteria used for identifying footpath defects and prioritising rectification works. The types of maintenance and repair work typically undertaken and associated timeframes. An overview of the resources allocated to footpath maintenance, including staffing, equipment, and budget. Any opportunities for improvement or innovation in defect identification and maintenance practices. 2. That the presentation be scheduled for the February 2025 (or as soon as possible after this date) Elected Member Information and Briefing Session, with sufficient time allocated for questions and discussion. 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 Quirke, Cr Moffat Against: Cr Polomka, Cr Rothwell The Mayor declared the vote CARRIED C24272 Moved Mayor Houston Seconded Cr Gibbs That the meeting be extended to 7:10 pm to allow completion of the Agenda. CARRIED Unanimously
This item was withdrawn at the request of Cr Gibbs to return at a subsequent meeting.
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 Lisa Pearson Group Manager Economy and Community Ritu Datta Acting Director Corporate Services Ross Whitfield Director of Assets & Environment Michyla Lewis Minute Taker (Policy & Organisational Development Officer) Marni Pritchard Customer Experience Officer
The meeting commenced at 4.00 pm Including recognition of the traditional land owners 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
17th Positive Ageing Forum – Club Fleurieu November 4th Meeting with Cr Shane Grocke 4th Monthly CEO Meeting 5th Mayors Xmas Card Judging 5th Swearing In Ceremony – Shane Grocke 5th Elected Member Info & Briefing Session 5th Special Council Meeting 7th Audit & Risk Meeting 7th Special Audit & Risk Meeting 10th Yankalilla Motor Show 12th Special Council Meeting Yankalilla Motor show I would like to congratulate the Yankalilla and District Lions Club and all the volunteers involved for putting on another fantastic event. I had a lot of fun in awarding a prize -THE MAYOR'S MACHINE - The car the Mayor would like parked in front of the Council Office.
The Inaugural Mayor's Christmas Card Competition invited participants of all ages from across our community to showcase their creativity and holiday spirit. Over the past few months, we received a wonderful variety of imaginative designs, each bringing a unique perspective to the festive season. It was truly inspiring to see such artistic talent on display, and I must admit that selecting a single design for this year's official Christmas card was no easy task. Thank you to everyone who contributed their time and creativity—your efforts made this inaugural competition a memorable success.
C24245 Moved Cr Hatch Seconded Cr Gibbs That the minutes of the Ordinary Council meeting held 15 October 2024, Special Council Meetings 5 November 2024 and 12 November 2024, as circulated to Councillors, be confirmed as an accurate record of the proceedings of those meetings. CARRIED Unanimously
Councillor Grocke declared a Material Conflict of Interest for Agenda Item 14.12 Community Grants - Assessment Panel Recommendations (Recommendation 5) as he is the Chairperson of the Yankalilla Normanville Progress Association and advised that he would leave the Chamber whilst the matter is being discussed and being voted on. Councillor Hatch declared a Material Conflict of Interest for Agenda Item 17.1 Confidential Audit and Risk Committee Minutes as due to a connection with a matter which is subject to a confidential recommendation and advised she would leave the Chamber whilst the matter is being discussed and being voted on. Councillor Olsson declared a General Conflict of Interest for Agenda Item 14.12 Community Grants – Assessment Panel Recommendations (Recommendation 2) as his wife is a committee member of the Yankalilla & District Historical Society and advised he would remain in the meeting and participate in the debate and vote as he stated he can remain impartial on the matter. Councillor Olsson declared a Material Conflict of Interest for Agenda Item 14.12 Community Grants - Assessment Panel Recommendations (Recommendation 6) as he is the Chairman of the Second Valley Progress Association and advised he would leave the Chamber whilst the matter is being discussed and being voted on. Councillor Rothwell declared a Material Conflict of Interest for Agenda Item 14.4 and 14.5 as Council's appointed member of the Fleurieu Regional Assessment Panel and advised he would leave the Chamber whilst those matters were being discussed and being voted on. Mayor Houston declared a general conflict of interest for Agenda Item 14.12 Community Grants - Assessment Panel Recommendations (Recommendation 4) as his wife is the secretary of the Myponga Progress Association and advised that he would stay in the meeting, will not participate in the debate but will vote as he stated he can remain impartial on the matter.
C24251 Moved Cr Hatch Cr Gibbs left his chair at 5:43pm Seconded Cr Rothwell 1. That Council receives and notes the Lot 42 Hay Flat Road Code Amendment Report. 2. That Council endorses the letter as contained in Attachment A as a suitable response to the draft Lot 42 Hay Flat Road Code Amendment by the Designated Entity, Silver Walnut Pty Ltd as trustee for S&S Property Trust, affecting land at Lot 42 Hay Flat Road Normanville. 3. Authorise Administration to make changes of a minor technical and formatting nature to the letter addressed to the Designated Entity (Attachment A). Cr Gibbs returned to his chair at 5:44pm CARRIED Unanimously
A big thankyou to Rebekha Sharkie for arranging this forum in Yankalilla which was very well attended. Topics included Overview of National Seniors COTA Australia Dementia Australia National Perspective Understanding Dementia Wills & Estates Exercise Strength Balance Nutrition Q & A with keynote speakers. Great feedback was received from all involved.
C24254 Moved Cr Polomka Seconded Cr Grocke 1. That Council receives the 2023-24 Annual Financial Statements and Annual Report. 2. That Council adopts the District Council of Yankalilla 2023-24 Annual Financial Statements and authorises the Mayor and Chief Executive Officer to sign the Certification of Financial Statements. Further, that the Chief Executive Officer is authorised to sign the Management Representation Letter. 3. That Council endorses the Presiding Member of the Audit & Risk Committee, together with the Chief Executive Officer, to authorise the Certification of Auditor Independence to be included in the Annual Financial Statements for the year ended 30 June 2024. 4. That Council adopts the 2023-24 District Council of Yankalilla Annual Report for publication and release (subject to minor administrative amendments, including but not limited to the inclusion of the signed certification of financial statements, inclusion of signed independent audit report and signed independent assurance report on internal controls) with the inclusion of the 2023-24 Annual Financial Statements, and the 2023-24 Southern and Hills Local Government Association (S&HLGA) Annual Report and 2023-24 Fleurieu Regional Waste Authority (FRWA) Annual Report. CARRIED Unanimously
C24258 Moved Cr Olsson Seconded Cr Hatch 1. That Council receive the Draft Realigned DCY VISION 2030 Strategic Community Plan Report. 2. That the results of the detailed community engagement program as outlined in Attachment B and C be noted. 3. That the Draft DCY VISION 2030 Strategic Community Plan (refer Attachment A) be endorsed for public consultation, which will be held from Wednesday, 20 November 2024 for a period of at least 21 days. CARRIED Cr Olsson 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 vote CARRIED
Ref Nos Applicant Submission made for Amount 8 Inman Valley Memorial Hall Kitchen upgrade plus extension ladder $845 11 Rapid Bay Primary School Crops & Chooks: Kitchen Garden $1,500 14 Yankalilla Youth Arts Incorp Audio recording of “Tumbleweed" and film music score $2,460 15 5CY Community Pantry $2,500 16 Yankalilla & District Interchurch Council YAS & MPS Breakfast Club $1,200 Recommendation 4 4. That in line with the Recommendations of the Community Grant Assessment Panel (established to review and recommend), the following Community Grant funding for the financial year of 2024/25 be provided: Ref Nos Applicant Submission made for Amount 5 Myponga Progress Association Community Christmas Party $1,000 CARRIED Unanimously Recommendation 5 Cr Grocke declared a material conflict of interest for Agenda Item 14.12 (Recommendation 5) due to being the Chairperson of the Yankalilla Normanville Progress Association and left the meeting at 6.15pm C24260 Moved Cr Hatch Seconded Cr Rothwell That in line with the Recommendations of the Community Grant Assessment Panel (established to review and recommend), the following Community Grant funding for the financial year of 2024/25 be provided: Ref Nos Applicant Submission made for Amount 13 Yankalilla Normanville Progress Association Heart Safe Community Project $1,000
Moved Seconded Original Motion from Agenda 1. That the CEO investigate the conditions that the Community Land was subject to for the development of the ACH and Medical Facilities. 2. That Council consults their lawyers as to what rights and obligations the Council has regarding the ACH land and whether the Council maintains any ownership or powers and if so, instructs our counsel to place a caveat on the property. Amended Motion (Motion without Notice) C24248 Moved Cr Quirke Seconded Cr Gibbs 1. That the Council authorise the CEO to provide a report and an article in 'In the Loop' and a media release outlining the change of ownership of the former ACH and medical facilities on Main South Road Yankalilla and provide clarity on what this means for the future of the site. CARRIED Unanimously Following the previously granted change in order of the proceedings sought by Mayor Houston, following consideration of item 12.1 the meeting resumed the natural order as presented in the Agenda.
Background The District Council of Yankalilla CEO may be familiar with the Lauren Vercoe v Local Government Association Workers Compensation Scheme [2024] SAET 91 (18 October 2024) decision. https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/91.html The summary of the case from the above link is given below. Claim for compensation arising from a right humerus fracture and right knee injury – Applicant falls over a metal pet fence while working from home – Did the fall occur during an authorised break within the meaning of s 7(5)(b) of the Return to Work Act 2014? – If so, was employment a significant contributing cause of any injury? – In addition to a right humerus fracture, did the applicant sustain a right knee injury in the fall? HELD: The applicant's fall occurred during an authorised coffee break at her place of employment on 19 September 2022 – Employment was a significant cause of any injury sustained in the fall, as the pet fence was a feature of her place of employment – As well as a right humerus fracture, the applicant suffered a right knee injury of temporary duration. Item 84 from the ruling is highlighted for background. “84. Further, it was submitted that Ms Vercoe's employment was a significant contributing cause of her injuries, because a feature of her place of employment, i.e. the pet fence, caused her to fall. Ms Vercoe submitted that it was not to the point whether the Council had provided the pet fence, known about the pet fence, or told Ms Vercoe to erect the pet fence. Simply, there is nothing that limits the application of the workers compensation scheme by reason of an injury occurring due to a feature of the workplace not known or authorised by an employer." Item 104 from the ruling is highlighted for background. “104. While working from home arrangements have benefits for both employers and workers, those benefits are accompanied by additional risks. A private residence of a worker may have unique risks not usually found in the employer's workplace. The Council's “Working from Home Checklist", required to be completed by its employees, demonstrates its attempts to guard against work health and safety risks arising from home-working, notwithstanding the practical difficulties of assessing such risks. However, in all other respects, the Council had effectively abrogated its responsibilities for the provision and maintenance of a safe working environment when working from home to Ms Vercoe." From: Norman Waterhouse. https://www.normans.com.au/news/workers-compensation-awarded-to-employee-following-dog-sitting-injury Notably, the Council had, as part of its working from home arrangements, required employees complete a ‘Working from Home' checklist. The Tribunal noted that the checklist in this case revealed that Ms Vercoe was asked to assess her 'workstation layout, her work area, and environment and emergency management. Specific questions included adequate space, smoke detectors, first aid kits, adequate lighting and air flow, supervision of children under school age, and whether noise levels were challenging.' The Tribunal held that the checklist demonstrates the Council's attempt to guard itself from work health and safety (WHS) risks, but in all other respects, had ‘abrogated its responsibilities' for the 'provision and maintenance of a safe working environment when working from home'. (Note: As of 10 Oct 2024 the level of compensation had not yet been determined) Finally, the following extract 6.8 is taken from: Agreement title District Council of Yankalilla ASU Employer Enterprise Agreement No. 12 2023 Case number District Council of Yankalilla ET-23-04256 6.8 Working from Home 6.8.1 Council will support flexible working arrangements for all staff and the opportunity to work from home will be considered on an individual basis to ensure that the employee's own circumstances can be accommodated by working from home. 6.8.2 As employers are responsible for the health and safety of employees while they are working from home, employees must complete and return an assessment of their home office facilities. This will enable the Employer to manage risks, provide the necessary equipment and information (including about good ergonomic practices). 6.8.3 Working from home arrangements must be in writing with the employee agreeing to conditions such as being available, similar to what they would be in the workplace, and abiding by organisational policies. 6.8.4 The employee must ensure that there is adequate security in the home for the protection of documents and material removed from the office to the home, not only from possible theft or damage, but also from disclosure to persons not authorised by Council to have access to the documents or material. 6.8.5 If at any time the employee isn't meeting the above requirements, the opportunity for working from home may be ceased Question 1. How does the CEO intend to minimise the risk of liability to the Council (and therefore the cost to its residents) in any work from home arrangements? 2. Can the CEO please discuss the benefits and risks to Council of permitting work from home arrangements in light of this recent ruling by SAET? I note that although the City of Charles Sturt also had a checklist to be completed by employees, it had no impact on the ruling in favour of the Council employee. Response This is a very recent decision and has potentially sector-wide implications for Local Government in SA and as such, the matter needs detailed consideration and a sector-wide response. The LGA Workers Compensation Scheme have advised that they are considering the recent ruling and are compiling advice for the sector as a whole. As part of our general review of workforce related practices, ELT have scheduled a discussion in the weeks ahead to review the details of the current WFH arrangements to see whether there are any obvious gaps to be remedied from a policy or procedure perspective. The advice of the LGA, once received, may potentially trigger many Councils to revise their practices or framework.
C24266 Moved Cr Hatch Seconded Cr Gibbs 1. That Council receive November 2024 Minute Action Report. CARRIED Unanimously
C24270 Moved Cr Quirke Seconded Cr Gibbs Motion 2. That Council request the Chief Executive Officer (CEO) or delegate to prepare a report outlining the costs, benefits, and potential implications of introducing a green waste voucher scheme for residents who are currently ineligible for kerbside green waste collection. 3. That the report be presented to Council no later than the February 2025 Council meeting to inform further decision-making. Motion LOST Cr Quirke Called for a DIVISION The Mayor declared the vote set aside For: Cr Quirke Against: Cr Gibbs, Cr Grocke, Cr Hatch, Cr Olsson, Mayor Houston, Cr Polomka, Cr Rothwell, Cr Moffat The Mayor declared the vote LOST
Note: Agenda item 14.6 was considered directly after Agenda Item 8.1 after the Mayor sought and was granted leave of the meeting to change the order of proceedings to consider Agenda Item 14.6 immediately, while the person who delivered the deputation was present.
The meeting closed at 7:05pm. Confirmed: As an accurate record on 17 December 2024 Chairperson
C24255 Moved Cr Gibbs Seconded Cr Rothwell 1. That Council receive the First Quarter Budget Review 2024-25 Report. 2. That Council receive the 2024-25 Budget Review 1 revisions set out in this report, as presented in Attachment A, and that they be adopted as the current Council budget for 2024-25. CARRIED Unanimously
Cr Grocke returned to the meeting at 6.17pm Recommendation 6 Cr Olsson declared a material conflict of interest for Agenda Item 14.12 (Recommendation 6) as he is the Chairman of the Second Valley Progress Association and left the meeting at 6.17pm C24261 Moved Cr Polomka Seconded Cr Quirke 1. That Council advise Second Valley Progress Association, Fleurieu Marine Education, Normanville Surf Life Saving Club and Yankalilla Area School that the Community Grant fund was oversubscribed for 2024/25 and their funding submissions (after weighted assessment and discussion by the Community Grants Assessment Panel) were not successful for this year. 2. That Fleurieu Marine Education be advised that in-kind marketing support is offered for their Coastal Adventures program. 3. That Normanville Surf Life Saving Club be advised that in-kind marketing support and use of the event trailer is offered for the Carri to Club Swim, Walk, Run event. CARRIED Unanimously
8.1 Parawa Ag Bureau – Agenda Item 14.6 Parawa Agricultural Bureau Proposal to Deliver 2025 Fleurieu AG FEST Philip Swincer (on behalf of the Parawa Ag Bureau) addressed the Gallery and Elected Members about Agenda Item 14.6 Parawa Agricultural Bureau Proposal to Deliver 2025 Fleurieu AG FEST. Mayor Houston sought and was granted leave of the meeting to change the order of proceedings to consider Agenda Item 14.6 immediately, while the person who delivered the deputation was present. 14.6 Parawa Agricultural Bureau Proposal to Deliver 2025 Fleurieu AG FEST
C24247 Moved Cr Rothwell Seconded Cr Olsson 1. That the Fleurieu AG FEST 2025 report be received. 2. That Council rescinds its resolution C24231 from the meeting held on 15 October 2024. 3. That in place of that decision (C24231), Council hereby endorses the proposal from the Parawa Agricultural Bureau (Attachment A) recently received by Council and resolves to allocate $15,000 to deliver AgFest in 2025 with support from the Parawa Agricultural Bureau. 4. That in order to support AG FEST under a community empowerment model, the Council expresses its intention to commit future funding for AG FEST on a sliding scale over the next two financial years, subject to detailed consideration as part of the Annual Budget development process, as follows: $10,000 for financial year 2025/2026 $5,000 for financial year 2026/2027 5. That Council reiterates that future funding allocations beyond the current financial year are subject to confirmation during the annual budget development process and may be adjusted or not allocated based on financial priorities and operational requirements at the time. CARRIED Cr Hatch Called for a DIVISION The Mayor declared the vote set aside. For: Cr Grocke, Cr Olsson, Cr Rothwell, Mayor Houston, Cr Moffat Against: Cr Gibbs, Cr Hatch, Cr Quirke, Cr Polomka The Mayor declared the vote CARRIED Following the previously granted change in order of the proceedings sought by Mayor Houston, following consideration of item 14.6 the meeting resumed the natural order as presented in the Agenda.
Question 1. Could we inform the community on the program for verge trimming for townships and rural arears this fire season? Response Verge trimming details are outlined in 'Capital Projects Update Report' later in this agenda.
Questions were asked and answered.
C24249 Moved Cr Rothwell Seconded Cr Olsson 1. That Council receives the November 2024 Policy Reviews report. 2. That Council notes the endorsement from the Audit and Risk Committee and their recommendation to Council for adoption for the following policy documents: Asset Accounting Policy V2.0 Asset Management Policy V1.4 Internal Financial Controls Framework V2.0 Treasury Management Policy V4.0 3. That Council adopts the Asset Accounting Policy V2.0, as set out in Attachment A, subject to any further minor administrative amendments. 4. That Council adopts the Asset Management Policy V1.4, as set out in Attachment C, subject to any further minor administrative amendments. 5. That Council adopts the Internal Financial Controls Framework V2.0, as set out in Attachment E, subject to any further minor administrative amendments. 6. That Council adopts the Treasury Management Policy V4.0, as set out in Attachment G, subject to any further minor administrative amendments. 7. That Council adopts the District and Town Entrance Signboards Policy V2.0, as set out in Attachment I, subject to any further minor administrative amendments. CARRIED Unanimously
C24250 Moved Cr Gibbs Seconded Cr Olsson 1. That Council receives the Council Response to the draft Greater Adelaide Regional Plan report. 2. That Council endorses the Letter to the State Planning Commission – Response to the draft Greater Adelaide Regional Plan (Attachment A) and the draft Greater Adelaide Regional Plan Submission at Attachment B. CARRIED Unanimously
Cr Rothwell declared a conflict of interest for Agenda Items 14.4 and 14.6 due to being Council's appointed member of the Fleurieu Regional Assessment Panel and left the meeting at 5:49pm. C24252 Moved Cr Gibbs Seconded Cr Hatch 1. That Council receives and notes the Fleurieu Regional Assessment Panel Operations Report. CARRIED Unanimously
Mayor Houston declared a general conflict of interest for Agenda Item 14.12 Community Grants - Assessment Panel Recommendations (Recommendation 4) as his wife is the secretary of the Myponga Progress Association and advised that he would stay in the meeting, will not participate in the debate but will vote as he stated he can remain impartial on the matter. Councillor Olsson declared a General Conflict of Interest for Agenda Item 14.12 Community Grants - Assessment Panel Recommendations (Recommendation 2) as his wife is a committee member of the Yankalilla & District Historical Society and advised he would remain in the meeting and participate in the debate and vote as he stated he can remain impartial on the matter. C24259 Moved Cr Polomka Seconded Cr Quirke Recommendation 1 1. That the Community Grants Assessment Panel Recommendations report be received. Recommendation 2 2. That in line with the Recommendations of the Community Grant Assessment Panel (established to review and recommend), the following Community Grant funding for the financial year of 2024/25 be provided: Ref Nos Applicant Submission made for Amount 2 Yankalilla & District Historical Society Publication of "Cemeteries of the Yankalilla District – Early Burials" $1,100 Recommendation 3 3. That in line with the Recommendations of the Community Grant Assessment Panel (established to review and recommend), the following Community Grant funding for the financial year of 2024/25 be provided: Ref Nos Applicant Submission made for Amount 4 Wirrina Cove Social Golf Club Computer scoring system $1,000 6 Yankalilla Netball Club Uniform subsidy $1,500 7 Myponga Netball Club Court roster signage $460
C24263 Moved Cr Rothwell Seconded Cr Hatch 1. That Council receives the Capital Projects Update Report. CARRIED Unanimously
C24265 Moved Cr Rothwell Seconded Cr Hatch 1. That the Council receive the Committee Minutes Report. 2. That Council note the Audit & Risk Committee Chair summary report to Council October and November 2024. 3. That Council note the FRCSAC Minutes held 12 November 2024. CARRIED Unanimously
Nil
Cr Hatch declared a material conflict of interest for Agenda Item 17.1 due to a connection with a matter within the confidentiality and left the meeting at 6.32pm C24267 Moved Cr Rothwell Seconded Cr Gibbs Recommendation 1 - Move into Confidence 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 Confidential Council Committee Minutes. 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 Ritu Datta – Acting Director Corporate Services Lisa Pearson – Group Manager Economy & Community Ross Whitfield - Director of Assets & Environment Michyla Lewis – Minute Taker (Policy & Organisational Development Officer) Marni Pritchard – Customer Experience Officer 3. Having taken into account the relevant considerations contained in Section 90(2) and Sections 90(3)(b) and 90(3)(d) of the Act, Council resolves that the information to be received, discussed or considered in confidence is: Section 90(3)(b) Information the disclosure of which (i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and (ii) would, on balance, be contrary to the public interest Section 90(3)(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
Recommendation 2