Public-Council-Minutes-17-December-2024-

District Council of Yankalilla12/17/2024
minutes
AI Meeting Summary

No summary generated yet. Click "Generate Summary" to create a plain-English overview of this meeting's key decisions and debates.

Decisions (23)

1. That Council receives the Ten-Year Financial History Report.

CARRIED Unanimously

Topic: Ten Year Financial History (C24226)

1. That Council receives the Aged Care & Housing Transfer of Ownership to Edenfield Family Care at 175 Main South Road, Yankalilla Report.

CARRIED Unanimously

Topic: Aged Care & Housing (ACH) Transfer of Ownership to Edenfield Family Care, 175 Main South Road, Yankalilla

1. That Council receives the Second Valley Soldier's Memorial Hall Facility User Agreement Report. 2. That Council authorise the CEO or their delegate to make minor administrative changes to the Facility User Agreement (if necessary) prior to its execution. 3. That Council having considered the following report, authorise the CEO or their delegate to sign all necessary documentation to formalise the updated Facility User Agreement for the Second Valley Soldier's Memorial Hall with the Second Valley Soldier's Memorial Hall Inc.

CARRIED Unanimously

Topic: Second Valley Soldiers Memorial Hall Facility User Agreement

1. That the report on the November 2024 Monthly Finance Reports be received.

CARRIED Unanimously

Topic: Monthly Finance Report

1. That having considered Agenda Item 17.1 Review of Confidential Items in confidence under Sections 90(2) and Sections 90(3)(d)(i) and (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 following documents (s) (or part) shall be kept confidential, being document(s) (or part) relating to a matter dealt with by the Council on a confidential basis until a further order of Council. The agenda report and related attachments to the report for Agenda Item 17.1 Execution of Leases for Tenancies within the Normanville Surf Lifesaving Club and Café/Kiosk (Ordinary Council Meeting 21 November 2023) On the grounds that the document(s) (or part) relates to information pertaining to commercial information of a confidential nature. 2. 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. 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

Topic: Review of Confidential Items

1. That Council receives the Capital Projects Update Report.

CARRIED Unanimously

Topic: Capital Projects Update

1. That Council receives the December 2024 Minute Action Report and notes the updates provided for outstanding Council resolutions as shown in Attachment A to this report.

CARRIED Unanimously

Topic: Minute Action Report

1. Pursuant to Section 91(7) of the Local Government Act 1999, the Council orders that the following document(s) (or part) shall be kept confidential, being document(s) (or part) relating to a matter dealt with by the Council on a confidential basis under Sections 90(2) and 90(3)(0) of the Act: a. The Minutes, Council Report related to Agenda Item 17.2, and the attachments to that report. 2. On the grounds that the document(s) (or part) relates to: a. information relating to a proposed award recipient before the presentation of the award. 3. This order shall operate until the announcement of the Australia Day 2025 – Citizen of the Year Award winners occurs. 4. Pursuant to the Section 91(9)(c) of the Local Government Act 1999, the Council delegates to the Chief Executive Officer the power to revoke this order in whole or part. 5. The public be re-admitted to the meeting.

CARRIED Unanimously

Topic: Citizen of the Year Awards 2025

1. That the Report on the Fleurieu Regional Waste Authority (FRWA) 1st Quarter 2024-25 Activities be received. 2. That the Council approves the FRWA 1st Quarter Budget Review for the Financial Year 2024-25.

CARRIED Unanimously

Topic: Fleurieu Regional Waste Authority (FRWA) 1st Quarter 2024-25 Activities

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 Review of Confidential Items. 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 – Acting Director Asset and Environment Darren Burgess – Acting Group Manager Economy & Community Michyla Lewis – Minute Secretary (Policy and Organisational Development 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) Council resolves that the information to be received, discussed or considered in confidence is: 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

Topic: Review of Confidential Items

1. That the Review of Confidential Items report be received. 2. That Council note pursuant to section 91(9) of the Local Government Act 1999, a review has been conducted of Agenda Item 17.1 Execution of Leases for Tenancies within the Normanville Surf Lifesaving Club and Café/Kiosk (Ordinary Council Meeting 21 November 2023) and found that the non-disclosure of the report and attachments to the report are still valid in line with Section 90(2) and 90(3)(d)(i) and (ii) of the Local Government Act 1999.

CARRIED Unanimously

Topic: Review of Confidential Items

1. That the Report be received. 2. That Council supports the closure and restricted access on 31 December 2024: Between 7:00pm and 8:30pm Katherine Drive, Normanville Norman Avenue, between Katherine Drive and Edwards Avenue Edwards Avenue, between Norman Avenue and Andrew Avenue Andrew Avenue, between Edwards Avenue and Main Street Main Street, between Andrew Avenue and Jetty Road Between 6:30pm and 11:00pm Jetty Road, between Main Street and the Foreshore Carpark Restricted Access Boat Ramp, Normanville Beach – closed to all vehicles from 6:30am Jetty Road no roadside parking from 6:30am Normanville Foreshore Car Park Closed from 6:30am to the public Limited parking for Normanville SLSC and Aqua Blue patrons until 3:00pm (entrance manned by those businesses) Subject to the event organisers: (a) Providing evidence of satisfactory insurance to cover any damage to third party property caused by the event; (b) Notifying all property owners along the route; (c) Erecting advance notices of road closures on the affected roads, at least 3 weeks prior to the event; (d) Assuming responsibility for any damage to the road and associated infrastructure resulting from the event; (e) Facilitating the road closure and assisting local residents and road users through the detours, using marshals and professional traffic management contractors; 3. That Council exercise the power pursuant to Section 33 of the Road Traffic Act 1961 and Clause G of the General Approval of the Minister dated 22 August 2013 to: 3.1 Pursuant to 33(1) of the Road Traffic Act 1961, declare that the event conducted, being the New Year's Eve Pageant, is an event to which Section 33 of the Road Traffic Act 1961 applies, and 3.2 Pursuant to Section 33 (1)(a) of the Road Traffic Act 1961, makes an order that the following roads in Normanville will be temporarily closed to traffic from 6.30pm to 8.30pm and 6.30pm to 11.00pm on Sunday 31 December 2024: 7.00pm to 8.30pm Katherine Drive, Normanville Norman Avenue, between Katherine Drive and Edwards Avenue Edwards Avenue, between Norman Avenue and Andrew Avenue Andrew Avenue, between Edwards Avenue and Main Street Main Street, between Andrew Avenue and Jetty Road

null

Topic: Normanville New Year's Eve Pageant – Road Closures

1. To note the Council's in-kind contribution of approximately $8,000 in 2024-25 for traffic management, additional bins and toilets and staff time to prepare the pageant route. Other in-kind support will include free hire of the event trailer, access to power on the foreshore, assistance with waste management and use of Council's portable toilets (subject to availability). 2. That Council acknowledges the various sponsors and the increased support that has been provided to the event.

CARRIED Unanimously

Topic: Normanville New Year's Eve Pageant – Road Closures

1. That Council receives the Chief Executive Officer Report.

CARRIED Unanimously

Topic: Chief Executive Officer Report

1. Pursuant to section 90(2) and 90(3)(0) of the Local Government Act 1999 the Council orders that the public be excluded from attendance at that part of the meeting relating to agenda item 17.2 Citizen of the Year Awards 2025, except the following persons; Nathan Cunningham – Chief Executive Officer Jodie Summer – Director Corporate Services Lisa Pearson – Acting Director Assets & Environment Darren Burgess – Acting Group Manager Economy & Community Michyla Lewis – Minute Secretary (Policy and Organisational Development Officer) Marni Pritchard – Customer Experience Officer 2. To enable the Council to consider item 17.2 in confidence on the basis the Council considers it necessary and appropriate to act in a meeting closed to the public (excepting those persons listed above) in order to receive, discuss or consider in confidence the following information or matter relating item 17.2; i. Information relating to a proposed award recipient before the presentation of the award. Accordingly, on this basis, the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.

CARRIED Unanimously

Topic: Citizen of the Year Awards 2025

1. That Council receive and note this report. 2. That Council support the removal of the Bin Banks located on Nosworthy Road, Mayfield Road, and Woodvale Road. 3. That Council endorse the introduction of a smaller Bin Bank to service residents of Mt Robinson Road with its exact location to be finalised through an on-ground review. 4. That Council direct the Fleurieu Regional Waste Authority to communicate these changes to impacted residents and implement necessary signage. 5. That Council's Depot Operations Team program the removal of Bin Bank infrastructure and carry out minor road maintenance on Nosworthy and Mayfield Roads. 6. That a notice be included in the "In the Loop" newsletter to inform the broader community of these changes.

CARRIED Unanimously

Topic: Bin Bank Removal and Relocation Report

1. That the Resilient Hills and Coasts Regional Climate Action Plan and Climate Change Sector Agreement report be received. 2. That Council notes the achievements of the Resilient Hills and Coasts partnership which has resulted in $1.2 million in external funding, 28 projects completed and undertaken over 40 advocacy engagements delivered on behalf of the region. 3. That Council notes the outcomes of the stakeholder engagement associated with the Resilient Hills and Coasts ‘Regional Climate Action Plan' at Attachment C. 4. That Council endorses the Resilient Hills and Coasts Regional Climate Action Plan 2025-2030 (as a partner organisation of Resilient Hills and Coasts), at Attachment A. 5. That Council notes there is no funding commitment from the District Council of Yankalilla attached to the Regional Climate Action Plan nor the Climate Change Sector Agreement. 6. That Council authorises the Mayor and CEO to sign the revised Resilient Hills and Coasts Climate Change Sector Agreement pursuant to the Climate Change and Greenhouse Emissions Reduction Act 2007, at Attachment B. 7. That Council authorises the CEO or his delegate to make any changes to the Regional Climate Action Plan 2025-2030 or Climate Change Sector Agreement of a minor, technical or formatting nature.

CARRIED Unanimously

Topic: Resilient Hills and Coasts Regional Climate Action Plan and Climate Change Sector Agreement

That the Mayor's Report be included in the minutes of the meeting.

CARRIED Unanimously

Topic: Mayor's Report

1. That the Council authorise the Chief Executive Officer to source any and all documents in relation to the Transfer of land, which was formerly Community Land at 175 Main South Road, Yankalilla including but not limited to: Certificate/s of Title; Previous Council Agendas or Minutes; Heads of Agreement; Contract of Sale; Memorandum of Transfer; and Letters, emails and other relevant documents, digital or hard copy which can be sourced reasonably quickly. 2. That those documents be reviewed by the Chief Executive Officer at the earliest opportunity and that Elected Members be advised by email as soon as such review in completed of any issues noted or any enduring legal or equitable interest that Council may have in the land that is triggered by the current sale/transfer from ACH Group to Edenfield Family Care. Further, that this more detailed summary then returns to Council in the form of a detailed Council Report to the next available Ordinary Meeting of Council (not later than 21 January 2025) or at a Special Meeting of Council if called earlier. 3. That the Chief Executive Officer be encouraged to seek a legal review should this be considered necessary, nothing that this will be dependent on what is found in the various documents.

Motion LOST

Topic: Sale / Transfer of Former Community Land to the ACH Group

1. That Council receives the Representation Review Report. 2. That Council endorses the Draft Representation Review Report prepared by Norman Waterhouse to proceed to Community Consultation on the following proposal as shown in Section 9 of the Norman Waterhouse Report: a. The Council will continue to be a district Council; b. The principal member of the Council will be a Mayor, elected by the community at Council-wide elections as a representative of the council area as a whole; c. The Council will comprise nine ward councillors, plus the popularly elected Mayor; d. The Council will continue to divide its area into two wards, with five councillors representing Light Ward and four representing Field Ward; e. It is not proposed there be any changes to the internal ward boundaries of the existing wards. f. Elector ratio details for this proposal are as follows: Ward Councillors Electors Elector Ratio Variance Field 4 2,090 1:522 + 0.19% Light 5 2,600 1:520 - 0.21% Total 9 4,690 1:521 - g. The Council also proposes that its name be altered to 'Fleurieu Coast Council', to take effect from the publication of the notice required under Section 12(1) of the Local Government Act 1999 in the Gazette. 3. That Council authorises Administration to commence Community Consultation from 19 December 2024 for a period of six (6) weeks, concluding 31 January 2025 and that the consultation materials include the slides from Norman Waterhouse presentation to the 3 December 2024 Elected Member Information and Briefing Session which outlines the pros and cons of each option, which were analysed ahead of the Recommended Proposal.

CARRIED

Topic: Representation Review

That the minutes of the meeting held on 19 November 2024 as circulated to Councillors be confirmed as an accurate record of the proceedings of that meeting.

CARRIED Unanimously

Topic: Confirmation of Minutes

That Council propose to the Audit and Risk Committee to reduce the timeframe for the review cycle of its Treasury Management Policy from every 4 years to every 2 years.

CARRIED Unanimously

Topic: Treasury Management Policy – Review Cycle

That Council acknowledge the sad passing of former Elected Member Bill Verwey on 11 December 2024. Bill resigned from his role as an Elected Member in March of this year to focus on his health and it is sad to see he lost this battle. Bill will be remembered for his community spirit which was evident throughout his four-year tenure as an Elected Member with the District Council of Yankalilla during which time represented Council on multiple committee(s). Council offers its sincerest condolences to Bill's family and friends at this time. Vale Bill Verwey.

CARRIED Unanimously

Topic: Vale Bill Verwey

Divisions Called (1)

1. That the Council authorise the Chief Executive Officer to source any and all documents in relation to the Transfer of land, which was formerly Community Land at 175 Main South Road, Yankalilla including but not limited to: Certificate/s of Title; Previous Council Agendas or Minutes; Heads of Agreement; Contract of Sale; Memorandum of Transfer; and Letters, emails and other relevant documents, digital or hard copy which can be sourced reasonably quickly. 2. That those documents be reviewed by the Chief Executive Officer at the earliest opportunity and that Elected Members be advised by email as soon as such review in completed of any issues noted or any enduring legal or equitable interest that Council may have in the land that is triggered by the current sale/transfer from ACH Group to Edenfield Family Care. Further, that this more detailed summary then returns to Council in the form of a detailed Council Report to the next available Ordinary Meeting of Council (not later than 21 January 2025) or at a Special Meeting of Council if called earlier. 3. That the Chief Executive Officer be encouraged to seek a legal review should this be considered necessary, nothing that this will be dependent on what is found in the various documents.

failed
For: 2Against: 6Abstain: 0
Document Sections (38)
Page 16
agenda item

Confidential Items

Page 13
agenda item

Second Valley Soldiers Memorial Hall Facility User Agreement

Page 13
agenda item

Normanville New Year's Eve Pageant – Road Closures

Cr Gibbs declared a general conflict of interest for Agenda Item 14.7 due to being a member of the Committee for the Normanville New Years Eve Pageant and advised they would stay in the chamber, participate in the debate and vote on the item.

vote
committee
agenda
Page 15
agenda item

Monthly Finance Report

Page 16
agenda item

Fleurieu Regional Waste Authority (FRWA) 1st Quarter 2024-25 Activities

Page 13
agenda item

Aged Care & Housing (ACH) Transfer of Ownership to Edenfield Family Care, 175 Main South Road, Yankalilla

Page 15
agenda item

Capital Projects Update

Page 16
agenda item

Minute Action Report

Page 16
agenda item

Regional Subsidiaries and other Organisations/Entities

Page 11
agenda item

Representation Review

Moved Seconded Original Recommendation 1. That Council receives the Representation Review Report. 2. That Council endorses the Draft Representation Review Report prepared by Norman Waterhouse to proceed to Community Consultation on the following proposal as shown in Section 9 of the Norman Waterhouse Report: a. The Council will continue to be a district Council; b. The principal member of the Council will be a Mayor, elected by the community at Council-wide elections as a representative of the council area as a whole; c. The Council will comprise nine ward councillors, plus the popularly elected Mayor; d. The Council will continue to divide its area into two wards, with five councillors representing Light Ward and four representing Field Ward; e. It is not proposed there be any changes to the internal ward boundaries of the existing wards. f. Elector ratio details for this proposal are as follows: Ward Councillors Electors Elector Ratio Variance Field 4 2,090 1:522 + 0.19% Light 5 2,600 1:520 - 0.21% Total 9 4,690 1:521 - g. The Council also proposes that its name be altered to 'Fleurieu Coast Council', to take effect from the publication of the notice required under Section 12(1) of the Local Government Act 1999 in the Gazette. 3. That Council authorises Administration to commence Community Consultation from 19 December for a period of six (6) weeks, concluding 31 January 2025.

election
report
Page 16
other

Other Business/Admission of Late Items

The Presiding Member called a short 5-minute comfort break at 6.09 pm. The Meeting resumed at 6.14 pm

meeting
Page 13
agenda item

Ten Year Financial History (C24226)

Page 16
agenda item

Review of Confidential Items

Page 15
agenda item

Chief Executive Officer Report

Page 18
agenda item

Citizen of the Year Awards 2025

Page 20
other

Closure

The meeting closed at 6:34pm Confirmed: As an accurate record on 21 January 2025. Chairperson

meeting
Page 1
other

Commencement

The meeting commenced at 4:00pm. 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."

meeting
Page 5
other

Reports of Members, Delegates and Working Parties

Nil

Page 5
other

Deputations

Nil

Page 9
other

Motions Without Notice

Nil

Page 10
agenda item

Resilient Hills and Coasts Regional Climate Action Plan and Climate Change Sector Agreement

Page 1
other

Apologies

Cr Davina Quirke

Page 2
agenda item

Confirmation of Minutes

Page 2
other

Declaration of Interest

Nil

Page 6
other

Questions without Notice

Questions were asked and answered.

Page 9
agenda item

Vale Bill Verwey – Cr Gibbs

Page 10
agenda item

Bin Bank Removal and Relocation Report

Page 1
other

In Attendance

Cr Darryl Houston (Mayor) Field Ward Cr David Olsson (Deputy Mayor) 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 STAFF Nathan Cunningham Chief Executive Officer Jodie Summer Director Corporate Services Darren Burgess Acting Group Manager Economy & Community Lisa Pearson Acting Director Assets & Environment Michyla Lewis Minute Secretary (Policy and Organisational Development Officer) Marni Pritchard Customer Experience Officer Michelle Wooldridge EA to the CEO and Mayor

policy
Page 2
discussion

Mayor's Report

That the Mayor's Report be included in the minutes of the meeting. November 12th Spring Business Network Meeting 19th Ordinary Council Meeting 21st Myponga Coffee Morning 22nd LGFA AGM 22nd LGA AGM 22nd SAROC Meeting – Chair & Board Election 24th Yankalilla Youth Theatre – Cape Tavern Filming 27th SAROC – Induction Workshop December 3rd Quarterly Strategic Financial Workshop 3rd Elected Member Info & Briefing Session 4th Monthly CEO Meeting 5th SAROC Meeting 5th Fleurieu Coast Community Network Meeting 6th SHLGA Board Meeting Yankalilla Youth Theatre It was great to be involved with the latest film “TUMBLEWEED” produced by the Yankalilla Youth Theatre - the cherry pit spitting competition was a highlight at Cape Jervis Tavern! Thanks to everyone who came to the Youth Theatre's filming day and became extras -so many laughs! and now the film includes real horses. I can't wait for the official screening. SAROC Meeting – 5/12/2024 I was pleased that the following motion was endorsed by the South Australian Regional Organisation of Councils (SAROC) at its December Meeting. "That the Local Government Association of South Australia in conjunction with the Federal Local Government Minister, State Local Government Minister and Local Government Grants Commission of SA reviews the methodology used to distribute Financial Assistance Grants that considers: An increase to the overall funding pool provided through grants scheme The percentage share divided amongst states and territories, with a view to seeing a more equitable share provided to South Australia Alternate models that enable a needs-based approach to funding allocation Ways to deliver greater funding equity to SA councils. “ The LGA's May 2024 submission to the Federal Government Inquiry into Local Government Sustainability acknowledged that the current funding arrangements for local government are unsustainable and need to change. This is due to the responsibilities of councils increasing and communities' expectations of councils continuing to grow, while funding from federal and state governments has not kept pace. The financial assistance grants have declined from approximately one percent of Commonwealth taxation revenue to around 0.55 percent over the past three decades. Local government has suffered because federal government support is critical to councils as they collect less than four percent of national taxation and are reliant on state and commonwealth funding to maintain significant assets, provide services to their communities and provide the foundation for economic growth. Leveraging information collected to form the LGA's position and subsequent submission, the LGA is currently undertaking various initiatives to support the financial sustainability of councils, including (but not limited to): The suite of financial sustainability and asset management information papers developed to provide guidance to councils that accord with current legislative requirements are substantially complete and will be uploaded to the LGA website. The LGA has commenced a pilot program aimed at providing practical support to those councils that are experiencing financial sustainability challenges, partnering with the Local Government Finance Authority (LGFA) and funded through the LG Research and Development Scheme and LGA Committee funding (i.e. a funded Board approved Member Services Activity). The LGA is advocating strongly to State and Federal Government for greater financial support to councils, including through the recent submission to the Federal Inquiry into the Sustainability of Local Government. The LGA President presented to the Standing Committee responsible for the Inquiry on 7 June 2024 in support of the LGA submission. The LGA has engaged independent consultants, SGS Economics and Planning, to examine 'cost shifting' to the SA local government sector. For decades, State and Federal Governments have used their legislative powers to require councils to perform tasks that further the policy objectives of other tiers of government; and Recently initiated a RFQ to seek independent support and advice on alternative models for FA grants. The Australian Local Government Association (ALGA) also made a submission to the Inquiry into Local Government Sustainability in May 2024. The submission made five key recommendations to the Federal Government, with specific attention to Federal Government funding being key to achieving long-term, liveable and productive communities.

finance
policy
motion
election
report
Page 5
other

Petitions

Nil

Page 5
agenda item

Questions on Notice

Page 6
agenda item

Motions on Notice

Page 6
other

Plant & Machinery Purchasing S41 Committee – Cr Gibbs

Prior to the meeting Cr Gibbs withdrew this Motion on Notice.

motion
meeting
Page 1
other

Leave of Absence

Nil

Page 5
discussion

Normanville Pontoon Insurance and Risk Management – Cr Hatch

Background As DCY is aware, the Alexandrina Council has encountered some stumbling blocks in returning their pontoon to the ocean. These revolve around liability issues and the cost of inspection to manage the risk to the satisfaction of the Council insurer, The Local Government Mutual Liability Scheme (LGMLS). I quote from the Alexandrina Council's 18 November 2024 agenda papers: “... Council administration has been investigating the options for the pontoon, which has included discussions with the Local Government Mutual Liability Scheme (LGMLS or Council's insurer), the PESLSC and the Department for Infrastructure and Transport (DIT). The Insurer's advice included significant inspection and maintenance requirements, none of which are currently resourced or budgeted by Council.” The table in the same agenda detailing possible options for Alexandrina Council is reprinted here: Details on each option are provided in this report, in summary - # Option Risk Assessment Resourcing/Cost Further Comment 1 Remove the pontoon from service Average = Medium No additional resourcing or annual operational costs. Almost all risks reduced to zero. Reputational damage and service delivery risks would be significant. The pontoon could be disposed through donation or selling. 2 Pontoon in water all year and maintained and inspected by Council Average = Medium Additional $186,131 operational budget DIT approval required Reduces to almost zero reputational damage and service delivery risks. Risks to people (both workers and public) and finances remain high. 3 Pontoon in water for summer only (26 weeks) and maintained and inspected by Council. Average = High Additional $115,758 operational budget DIT approval required Reduces reputational damage and service delivery risks. Risks to people (both workers and public) while the pontoon is in the water and finances remain high. Question Can the Chief Executive Officer please advise the result of any communication with the LGMLS to investigate DCY's pontoon insurance and risk management information? Response It is confirmed that the pontoon (which has been installed in the waters of Normanville for a few recent summers) has received all necessary approvals to be attached to the sea floor. This is required as Council does not have care and control of the waters or sea floor. With that approval in place, Local Government Mutual Liability Scheme (LGAMLS) coverage applies provided the device is appropriately managed and adheres to appropriate risk mitigation practices. The Council, as a member of LGAMLS, benefits from civil liability indemnity in the event of any claims arising from public injuries associated with the pontoon with the proviso being that a reasonable maintenance and inspection program is adhered to. The Council needs to be in a position to demonstrate that it has not been negligent and has effectively discharged its duty of care with the installation, maintenance and retrieval of the pontoon annually. Based on how the annual practices have occurred, there are no concerns. The Normanville pontoon differs significantly from Alexandrina's. The Normanville Pontoon is a seasonal structure, located in a bay, and subject to a tailored maintenance program developed with specific engineering advice. The LGAMLS civil liability coverage exists provided the Council continues to adhere to its maintenance and inspection protocols which occur each year that the pontoon is placed in the water.

budget
finance
approval
report
agenda
Page 6
discussion

Treasury Management Policy – Review Cycle – Cr Hatch

Background In its 19 November 2024 Ordinary Council meeting, the Council's Treasury Management Policy was reviewed and updated, and the Chamber unanimously adopted the Treasury Management Policy V4.0. In the Officer's report accompanying the policy submission, Chamber was referred to the Better Practice Model'- the framework of internal financial controls legislated for South Australian Local Government external audits." That paper provides explanation of legislated and other issues for local governments. The Chamber was not referred to the following LGA paper: “Treasury Management Financial Sustainability Information Paper (FSIP) No. 15 November 2024”. This paper was reviewed and updated by the Local Government Association (LGA) in November 2024, it was understandably not available when Administration completed their review and provided the updated policy to Audit & Risk before Council. This LGA document sets out (I quote) “a Model Treasury Management Policy that enables councils to embrace the recommended treasury management practices." As best practice, the paper recommends that “Once adopted, councils should review their treasury management policies on a regular basis (say annually).” Inspection of 27 other regional/rural Councils with populations under 20,000 yields a range of review cycles for their Treasury Management Policy: Table 1. Review cycle for Treasury management Policy, 28 regional/rural South Australian Councils Review cycle Number of Councils Every 5 years 1 Every 4 years 13 Every 3 years 6 Every 2 years 5 Annually 1 Either no policy or 'as required' 2 The proposed motion tries to balance the following four somewhat conflicting factors: 1. Being a small regional Council, the task of keeping up with both legislated and recommended policies in terms of review cycles is a workload of onerous and time-consuming paperwork. Unless explicitly legislated, many small regional/rural Councils practice a 4-year review cycle on many policies. 2. Treasury Management is a key factor for Elected Members and Council in properly and appropriately acquiring debt for projects. Good policy can ensure good practice and minimize risk to the tax base, in our case the Council ratepayers. A review cycle of 4 years increases the possibility that an Elected Member, through excused absence, may miss discussion and commentary about this important policy. As DCY states in its current Nov 2024 policy: "This policy provides clear direction to the District Council of Yankalilla (Council) and its staff in relation to the treasury function. It underpins Council's decision-making in financing of its operations in the annual budget and long-term financial plan and projected cash flow receipts and outlays." 3. The Covid pandemic showed Council and the world how quickly financial circumstances can change. Even minor global upheavals can strongly affect financial atmosphere. 4. Best practice as stated in the Treasury Management Financial Sustainability Information Paper is a review annually.

budget
policy
motion
report
meeting
Page 8
agenda item

Sale / Transfer of Former Community Land to the ACH Group – Cr Moffat

Background The goal of this Motion is to ensure a more detailed level of research than has already taken place concerning the transfer of Council land to ACH for the development of the Aged Care and Medical Facility on Main Road Yankalilla around 2001. The Motion is seeking to determine whether Council has any legal or equitable interest upon which they should act which does or could influence the sale/transfer of that land by ACH to another party.

motion
Page 10
agenda item

Reports of Officers

Original Document