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					                             District Council of Yankalilla                                  8768
                          Minutes of Meeting held on 17 June, 2004

In Attendance

 Councillors                                                     Ward

 Mayor Cr Peter Whitford                                         Hewett
 Cr Bruce Spilsbury                                              Bungala
 Cr Vanessa Byers                                                Bungala
 Cr John Sanderson (arrived at 11.50a.m.)                        Bungala
 Cr Malcolm Schlein                                              Carrickalinga
 Cr Ruth Davis                                                   Carrickalinga
 Cr Nigel Brand                                                  Flinders
 Cr Doug Evans                                                   Flinders
 Cr John Hughes                                                  Hewett

Staff
 R Sweetman - Chief Executive Officer
 D Schintler - Manager, Works & Infrastructure
 S Ryles     - Manager, Environmental Services

Mayor Cr Peter Whitford was appointed Mayor pursuant to Section 51 of the Local Government
Act, therefore has a deliberative vote but not a casting vote.

1.       Commencement
The meeting commenced at 10.05am.

Mayor Whitford commented on the first twelve months of the current Council, thanked
Councillors for their efforts and cooperative attitudes that have made Council work
effectively.

2.       Apologies
Cr. John Sanderson apologised for his late attendance at the meeting.

3.       Confirmation of the Previous Minutes
Moved Cr. Davis
Seconded Cr. Byers

Resolved that the minutes of the meeting held on 20 May, 2004 as circularised to
Councillors be confirmed as an accurate record of the proceedings of that meeting.

                                                                                          CARRIED

4.       Declaration of Interest by Members of Council
Section 74 of the Local Government Act 1999 states that members who have an interest in a matter before
the Council must disclose the interest to the Council, and must provide full and accurate details of the
relevant interest.

Nil

170604                                                                                       Page
                               District Council of Yankalilla                                    8769
                            Minutes of Meeting held on 17 June, 2004
5.       Matters that lie on the Table
Nil

6.       Petitions
Nil

7.       Public Forum at 12 noon

•     Mr J Martin and Mr. W Leckie addressed Council in support of the proposal to
      develop a Youth Centre at the Lions Youth Park requesting that Council allocate
      $40,000 for this project.
•     Ms Lisa Blake addressed Council in response to Council’s invitation for comments on
      conducting community consultation.
•     Ms Helen Shanahan addressed Council in response to Council’s invitation for
      comments on conducting community consultation.
•     Mr David McCarthy addressed Council on the need to allow his business to provide on
      site advertising. Mr McCarthy was requested to put his application in writing before
      Council.
•     Ms Val Gubbin addressed Council in support of Mr McCarthy’s business “The
      Myponga Markets”.

8.       Questions

8.1      Questions on Notice:               Nil
Rules from Local Government Act Regulations (10):
• These questions must be in writing and given to the Chief Executive Officer five (5) clear days prior to
    the meeting at which the question is to be asked.
• The Chief Executive Officer shall place these items in the Agenda.
• Questions and replies shall be entered into the Minute Book.
• The Mayor may rule that a question with or without notice not be answered if the Mayor considers that
    the question is vague, irrelevant, insulting or improper.

8.2      Questions for Clarification on items on this agenda only: Nil
Rules from Local Government Act Regulations:
• Questions and replies are not entered in the Minute Book unless expressly required by resolution.
• The Mayor may rule that a question with or without notice not be answered if the Mayor considers that
    the question is vague, irrelevant, insulting or improper.

9.       Notices of Motion:                 Nil
Rules from Local Government Act Regulations (13):
• Any member may submit written notices of motion.
• Such motions shall be given to the Chief Executive Officer at least five (5) clear days before the
    meeting.
• The notice of motions will appear in the agenda.

10.      Admission of Late Items:                    Nil
Councillors to consider which items, being matters of urgency be admitted to business for this meeting.

170604                                                                                           Page
                             District Council of Yankalilla                                8770
                          Minutes of Meeting held on 17 June, 2004

11.      Motions Without Notice
Rules from Local Government Act Regulations (13):
• A member may bring forward any business by way of a motion without notice.
• The Mayor may refuse to accept a motion without notice if, after taking into account the Guiding
    Principles, he or she considers that the motion should be dealt with by way of a written notice of
    motion.

Cr Evans asked that the Council’s decision regarding the closure of the big bins at
Delamere, Cape Jervis, Wirrina and Second Valley be clarified.

Mr Sweetman, Chief Executive Officer, stated that he will report to Council later in the
meeting once he has had time to locate the information.

The Chief Executive Officer reported that Council resolved in March to place in the draft
budget the Waste Management Plan that involves removing the big refuse bins at cape
Jervis, Delamere, Second Valley and Wirrina.

Cr. Evans disputed this record of the meeting and indicated he would be placing a recision
motion before Council at the special meeting to be held on 8th July, 2004.

12.      Deputations:
Nil

13.      Mayor’s Report

Moved Cr. Brand
Seconded Cr. Davis

Resolved that the Mayor’s Report be received.

                                                                                        CARRIED

During the past month the Mayor attended the following meetings:

•     YACCA Dinner at the Surf Club
•     Fleurieu Alliance
•     Green Corp launch
•     Meeting with A & V Crocker
•     Farewell to Alice Moffett, Council’s shared youth worker

14.      Environmental Services

14.1     Environmental Services Committee Minutes

For Information Only

The minutes from the Environmental Services Committee meeting held on 3rd June, 2004
are included in the Council Agenda.


170604                                                                                     Page
                            District Council of Yankalilla                  8771
                         Minutes of Meeting held on 17 June, 2004

The following is a summary of the items considered at the meeting:
  •      Waste Water Treatment Plant Upgrade.
  •      Septic Tank Effluent Disposal Scheme (STEDS) – Pump Out of Yankalilla
         Township
  •      Annual Food Inspections
  •      Removal of Waste Bins – Cape Jervis, Delamere, Wirrina Cove and
         Second Valley
  •      Adoption of Dump Fees – 1st July, 2004

14.2     Environmental Services Unit Reports for Discussion

Moved Cr. Byers
Seconded Cr. Brand

Resolved that the Environmental Services Unit Reports for Discussion be received.

                                                                          CARRIED

Report No:     14.2.1
Title:         Building Applications Approved Under Delegation
File Ref:      9.24.1.1
Author:        Steve Ryles

Moved Cr. Evans
Seconded Cr. Hughes
Resolved that Council endorses the action taken by its Assistant Building Surveyor in
granting consent under delegation, pursuant to Building Code of Australia and the
Development Act, 1993.

                                                                          CARRIED

Report No:     14.2.2
Title:         Waste Control Systems
File Ref:      Application Number as listed in Schedule below
Author:        Steve Ryles

Moved Cr. Byers
Seconded Cr. Davis
Resolved that Council endorses the action taken by its Environmental Health
Officers in granting consent under delegation, pursuant to Public and Environmental
Health (Waste Control) Regulations.
                                                                         CARRIED

                S 1636           Longridge Sarah Housing Group P/L
                                 Lot 90 Willson Drive,
                                 NORMANVILLE
                S 1651           P. Lock
                                 Shack Site 20 Lot 55 Willis Drive,
                                 NORMANVILLE (LADY BAY SHORES)

170604                                                                      Page
                           District Council of Yankalilla                     8772
                        Minutes of Meeting held on 17 June, 2004

               S 1660           Ward Plumbers
                                Unit 2 Lot 2 Willis Drive,
                                NORMANVILLE
               S 1661           Ward Plumbers
                                Unit 9 Lot 2 Willis Drive,
                                NORMANVILLE
               S 1662           Ward Plumbers
                                Unit 27 Lot 2 Willis Drive,
                                NORMANVILLE
               S 1664           M. Temple
                                Lot 12 Main South Road,
                                WATTLE FLAT
               S 1670           A. & L. Cheek
                                Lot 240 Taronga Crescent,
                                CARRICKALINGA
Report No:    14.2.3
Title:        Adoption of Dump Fees : 1st July, 2004
File Ref:     Revenue Account 5051700
Author:       Steve Ryles & Rod Kleemann
Moved Cr. Hughes
Seconded Cr. Schlein
Resolved that the fee structure is adopted by Council and further, that the fee
structure be implemented on 1st July, 2004.
                                                        CURRENT          RECOMMENDATION
Bales                                              $5.00                 $10.00
Car                                                $2 – $4               $3 - 5
Station Wagon                                      $4 - $8               $5 – 10
Car Type Ute/Van                                   $10 - $20             $15 - 25
Single Axle Trailer                                $10 - $20             $15 - 25
One Tonne Ute (Tray Top)                           $20 - $30             $25 - 35
Dual Axle Trailer                                  $20 - $30             $25 - 35
Rebates (for segregated refuse)                    50%                   50%
Car Body (with tyres)                              $30.00                $15.00
Car Body (without tyres)                           $20.00                FREE
Tyres: Car, 4WD, Truck, Tractor etc                $3 / $5 / $12 / $15   $3 / $5 / $12 / $15
Mini Skip                                          $20.00 cubic metre    $40.00 cubic metre
                                  Commercial Dump Fees
Commercial Waste Compactor:Single Axle             $240                  $300
                                Dual Axle          $360                  $450
All General Waste (including Mini Skips)           $40.00 per tonne      $50.00 per tonne
Steel (separated loads only)                       $20.00 per tonne      FREE
Clean Fill (no organic material, all <100mm)       $5.00 per tonne       FREE
Green Organics (separated, no contamination)       $20 per tonne         $30 per tonne
Concrete and Rock (<450mm)                         $10.00 per tonne      $15.00 per tonne
Concrete and Rock (>450mm)                         $20.00 per tonne      $30.00 per tonne
Contaminated/unsegregated waste to be charged
at $50 per tonne.

170604                                                                        Page
                           District Council of Yankalilla                        8773
                        Minutes of Meeting held on 17 June, 2004

                           Mulch sales per cubic metre $12.00

 Given that a weighbridge is not available the formula will be applied to commercial
                       and/or larger vehicles @ $50 a tonne.

    The discretion of the dump attendant will be applied in calculating load capacity.

                                     The formula:

                 Gross Vehicle Mass – Tare = Maximum carry capacity
                          Carry Capacity x $50 (tonne rate)

            e.g. Gross Vehicle Mass 20 tonne – Tare 10 tonne = 10 Tonne Carry
                                   Capacity x $50 = $500 fee.
                                                                           CARRIED
Moved Cr. Schlein
Seconded Cr. Evans
Resolved that the motion be amended to include a reduction in fee for Senior’s card
holders.
The amendment was LOST

Report No:      14.2.4
Title:          Outdoor Dining Policy
File Ref:       20.63.3.1
Author:         Rod Kleemann

Moved Cr. Spilsbury
Seconded Cr. Byers

Resolved:
     1.       That the Outdoor Dining Policy 2004 be adopted by Council to supersede
              Council’s existing Outdoor Dining Policy.
     2.       That the term of the permit be extended from a period of 1 year to a
              period of 3 years.
                                                                             CARRIED

Report No:      14.2.5
Title:          Request to Remove Land Management Agreements – Lot 38-41
                Huntingdale Drive, Normanville
File Ref:       260740385*
Author:         Brian Irvine

Moved Cr. Byers
Seconded Cr. Spilsbury
Resolved that Council authorises the cancellation of Land Management Agreements
(LTO document numbers 7752267 and 7827167) from Certificate of Title Volume
5274 Folio 271, subject to the owner paying all costs.
                                                                       CARRIED
170604                                                                   Page
                          District Council of Yankalilla                        8774
                       Minutes of Meeting held on 17 June, 2004

14.3     Environmental Services Unit Information Only Matters

Moved Cr. Evans
Seconded Cr. Hughes

Resolved that the Environmental Services Unit Information Only Matters be
received.

                                                                              CARRIED

Report No:     14.3.9
Title:         Resignation : Wayne Reddy
File Ref:      Nil
Author:        Steve Ryles

Report No:     14.3.10
Title:         Rapid Bay Primary School
File Ref:      11.50.1.1
Author:        Steve Ryles

Council undertook its first Meningococcal C vaccine clinic and immunised thirty six (36)
children.

Report No:     14.3.11
Title:         Construction Industry Training Board (CITB)
File Ref:
Author:        Steve Ryles

The agreement will be signed by the CEO and forwarded to the CITB prior to the 30th
June, 2004.

15.      Council Governance

15.1     Council Governance Committee Minutes:

Nil

15.2     Council Governance Items for Discussion

Moved Cr. Brand
Seconded Cr. Davis

Resolved that the Council Governance Items for Discussion be received.

                                                                              CARRIED




170604                                                                          Page
                           District Council of Yankalilla                      8775
                        Minutes of Meeting held on 17 June, 2004

Report No:    15.2.1
Title:        Local Government Association – Council Members Self Assessment
              Tool – to provide Council members with an opportunity to identify skills
              and information shortfall.
File Ref:     9.33.3
Author:       Roger Sweetman

Moved Cr. Davis
Seconded Cr. Byers

Resolved that Councillors participate in the LGA Council Members Self Assessment
Tool to identify areas where their skills and information base could be improved and
enhanced.

                                                                             CARRIED

Report No:    15.2.2
Title:        Elected Member Allowances and Benefits for 2004/05
File Ref:     9.33.3
Author:       Roger Sweetman

Moved Cr. Davis
Seconded Cr. Hughes

Resolved that pursuant to Section 76 of the Local Government Act 1999 Council set
the following allowances for the 2004/05 financial year:

         Councillor                 $ 2,187       p.a.
         Deputy Mayor               $ 3,275       p.a.
         Mayor                      $ 6,884       p.a.

And that that these allowances be paid monthly in advance.

                                                                             CARRIED

Report No:    15.2.3
Title:        Review of Elected Members Allowances and Support Policy
File Ref:     9.33.3
Author:       Roger Sweetman

Moved Cr. Schlein
Seconded Cr. Brand

Resolved that this item be deferred until the July meeting and the Chief Executive
Officer be asked to report on increasing allowance to assist elected members.

                                                                             CARRIED




170604                                                                         Page
                         District Council of Yankalilla                   8776
                      Minutes of Meeting held on 17 June, 2004

Report No:    15.2.4
Title:        Consultation undertaken by YACCA relating to the Food Van
              Located at the Normanville Foreshore
File Ref:     11.71.2.1
Author:       Roger Sweetman

Moved Cr. Byers
Seconded Cr. Brand

Resolved that Council thank YACCA for conducting consultation with respect to
food vans operating at foreshore locations.

                                                                        CARRIED

Report No:    15.2.5
Title:        Annual Review of Council’s Code of Practice for Access to Council
              Meetings, Council Committees and Council Documents.
File Ref:     9.33.1
Author:       Roger Sweetman

Moved Cr. Schlein
Seconded Cr. Davis

Resolved that Council acknowledge it has conducted an annual review of The Code
of Practice for Access to Council Meetings, Council Committees and Council
Documents and adopts The Code of Practice for Access to Council Meetings, Council
Committees and Council Documents.
                                                                      CARRIED

Report No:    15.2.6
Title:        Annual Review of Council’s Code of Conduct for Elected Members
File Ref:     9.33.3
Author:       Roger Sweetman

Moved Cr. Schlein
Seconded Cr. Brand

Resolved that this report be deferred until the next meeting.
                                                                        CARRIED

Report No:    15.2.7
Title:        Annual Review of Council’s Order Making Policy
File Ref:     9.63.2
Author:       Roger Sweetman

Moved Cr. Byers
Seconded Cr. Evans

Resolved that Council acknowledge that it has conducted an annual review of the
Order Making Policy and adopt the policy without the need for further public
consultation.
                                                                    CARRIED
170604                                                                 Page
                        District Council of Yankalilla                    8777
                     Minutes of Meeting held on 17 June, 2004

Report No:   15.2.8
Title:       Special Meeting to Adopt Budget and Declare Rates 2004/05
File Ref:    9.24.1
Author:      Roger Sweetman

Moved Cr. Schlein
Seconded Cr. Byers

Resolved that Council hold a special meeting on Thursday 8th July, 2004 commencing
at 10a.m. at the Council Chambers for the purpose of adopting the budget and
declaring rates for 2004/05.

                                                                         CARRIED

Report No:   15.2.9
Title:       Enterprise Bargaining Agreement No. 5 – Report on the negotiations
             that have been taking place between Council and staff.
File Ref:    12.44.1
Author:      Roger Sweetman

Moved Cr. Davis
Seconded Cr. Brand

Resolved that Council accept the draft Enterprise Agreement No. 5 as negotiated by
Council’s representatives and Council staff.
                                                                       CARRIED

Report No:   15.2.10
Title:       Review of Council’s Public Consultation Policy
File Ref:    9.63.2
Author:      Roger Sweetman

Moved Cr. Davis
Seconded Cr. Brand

Resolved that Council place the amended Council Public Consultation Policy before
the public seeking their comments pursuant to Section 50 of the Local Government
Act.
                                                                       CARRIED

Report No:   15.2.11
Title:       Normanville Beach Café
File Ref:    16.51.1.3
Author:      Roger Sweetman

Moved Cr. Byers
Seconded Cr. Davis

Resolved that pursuant to Section 90(3)(j) of the Local Government Act 1999, this
item be treated as confidential as it was requested by the correspondent.

                                                                         CARRIED
170604                                                                    Page
                         District Council of Yankalilla                        8778
                      Minutes of Meeting held on 17 June, 2004

Resolved that the public be excluded from the meeting during consideration of this
item but that those staff present be permitted to remain.
                                                                      CARRIED

Resolved that item Normanville Beach Café – proposed alterations to Lease remain
confidential for a period of twelve months pursuant to Section 91(9) of the Local
Government Act 1999 and that the confidentiality provisions be reviewed at this
time.
                                                                       CARRIED

Report No:    15.2.12
Title:        Lease of Unmade Road for Business Purposes – Application by
              Adelaide Blue Gum Pty Ltd to use portion of unmade road adjacent
              Allotment 196 File Plan 164915
File Ref:
Author:       Roger Sweetman

Moved Cr. Byers
Seconded Cr. Davis

Resolved that Council pursuant to Section 222 of the Local Government Act 1999
lease half the unmade road on the western boundary of Allotment 196 File Plan
164915 Forktree Road Myponga to Adelaide Blue Gums Pty Ltd for a period of 5
years at a fee of $250 per hectare per year.
                                                                    CARRIED

Report No:    15.2.13
Title:        Managing the public consultation associated with the consideration of
              The application for wind turbines at Kemmiss Hill
File Ref:     9.50.1.6
Author:       Roger D Sweetman

Moved Cr. Schlein
Seconded Cr. Spilsbury

Resolved that Council instruct the DAP to conduct the public hearing of
representations in relation to the Kemmis Hill Wind Farm application at Senior
Citizens Club rooms on dates to be determined by the C.E.O. to ensure adequate
reading time before the hearing and that the hearings be scheduled in both the day
time and evening to ensure all are able to attend.

Resolved that a development assessment panel meeting be held on a date determined
by the panel at the conclusion of the hearing at the Senior Citizens Club rooms at
10.00am for the panel to debate and make a decision on the application.
                                                                        CARRIED
Moved Cr. Brand
Seconded Cr. Byers

Resolved that panel make its decision on the application in the open meeting

                                                                          CARRIED

170604                                                                         Page
                          District Council of Yankalilla                         8779
                       Minutes of Meeting held on 17 June, 2004

15.3     Council Governance Information Only Matters

Moved Cr. Schlein
Seconded Cr. Byers

Resolved that the Council Governance Information Only Matters be received.

                                                                              CARRIED

Report No:     15.3.1
Title:         Trust Power – information letter regarding the progress of the Sellicks
               Hill/Myponga Wind Farm

Report No:     15.3.2
Title:         Southern & Hills Soil Conservation Board – Invitation to the
               presentation of the Draft Southern Fleurieu Peninsula Local Action Plan.

Report No:     15.3.3
Title:         Fleurieu Alliance – Notes of the meeting held on 21st May 2004 at
               Strathalbyn

Report No:     15.3.4
Title:         City of Onkaparinga – Invitation to a meeting to discuss the idea and
               proposal put forward by United Way.

Report No:     15.3.5
Title:         Daniel Edwards – Providing additional advice to Council concerning
               Bus routes and the condition of Council’s unsealed roads.

16.      Corporate Services

16.1     Corporate Services Committee Minutes
Nil

16.2     Corporate Services Items for Discussion
Nil

16.3     Corporate Services Information Only Matters

Report No:     16.3.1
Title:         Economic Development/Tourism Officer’s Report
File Ref:      N/A
Author:        Michelle Hales

Moved Cr. Brand
Seconded Cr. Hughes
Resolved that the Economic Development/Tourism Officer’s Report be received.

                                                                              CARRIED
170604                                                                           Page
                          District Council of Yankalilla                   8780
                       Minutes of Meeting held on 17 June, 2004

17.      Works and Infrastructure

17.1     Works and Infrastructure Committee Minutes

For Information Only

The minutes from the Works and Infrastructure Committee meeting held on 3 June, 2004
are included in the Council Agenda.

The following is a summary of the items considered at the meeting:

Reports

• Capital Works and Operational Budget
• Capital Works Programme
• Operational Programme
          o Assistant Manager Works and Infrastructure’s Report
          o Fishery Beach – Access roadway
          o Catlow Road Bridge No. 39 – Remedial works
          o Bullaparinga Crescent Bridge No. 54 – Closure & report
          o Extraction of Road Base Material – Investigation & report
          o Yankalilla District Foreshore Open Space Plan – Council acceptance
• Plant Purchase
• General
          o Changes to Speed Zones – Myponga, Second Valley, Delamere, Yankalilla
             & Carrickalinga
• Community Committee Reports/Minutes
          o Finniss Vale Drive, Second Valley – Kerbing Protuberance
          o Carrickalinga Road – Speeding Vehicles
          o Myponga Beach Shackowners Group – Beach Access

17.2     Works and Infrastructure Items for Discussion

Moved Cr. Brand
Seconded Cr. Hughes
Resolved that the Works and Infrastructure Items for Discussion be received.

                                                                         CARRIED

Report No:     17.2.1
Title:         Yankalilla District Foreshore Open Space Plan
File Ref:      3.63.1.5
Author:        Darryl Schintler

Moved Cr. Davis
Seconded Cr. Byers
Resolved that the Yankalilla District Foreshore Open Space Plan as tabled be
accepted by Council as a public document
                                                                  CARRIED

170604                                                                     Page
                         District Council of Yankalilla          8781
                      Minutes of Meeting held on 17 June, 2004

17.3     Works and Infrastructure Information Only Matters

Nil

18.      Community Committee Reports/Minutes
Nil

19.      Closure
The meeting closed at 1.15pm.


Confirmed:           As an accurate record on 15 July, 2004.




……………………………….
Mayor




170604                                                           Page

				
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Description: Gross Vehicle Mass – Tare = Maximum carry capacity