07-05 July 2010 Agenda - Mount Barker District Council
Transcription
07-05 July 2010 Agenda - Mount Barker District Council
District Council of Mount Barker Council Agenda 5 July 2010 177 District Council of Mount Barker 12.5 REPORT TITLE: Council Agenda 5 July 2010 RATE REBATE POLICY DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 10/030/051 Strategic Plan Ref: Financial – provision of Rate Rebate Policy to deliver consistent approach when determining eligibility and amount of rebate to be provided. Goal Area 5.1 – Council Leadership – Sustainable community finances and assets. Manage Councils funds according to a long term financial plan. Purpose: To provide Council with a Policy relating to rebating rates in accordance with the Local Government Act 1999. Summary: Provide consistency in determining eligibility and amount of rebate provided. Recommendation: That Council adopt the attached Rate Rebate Policy. Background: 1. The Draft Rebate Policy was presented to Council on 3 May 2010. Council resolved the Draft Annual Business Plan 2010/11 including the Draft Rebate Policy be adopted for community consultation. 2. The Local Government Act 1999, Sections 159 to 161, provides for the ability for Councils to rebate rate revenue in certain circumstances to ratepayers. 3. The policy is intended to provide guidance to the community as to the grounds upon which a person or body is, or may be entitled to receive a rebate of rates and the matters that the Council will take into account in deciding an application for a rebate. Discussion: 1. The Rate Rebate Policy attached sets out the legislative requirements as per the Local Government Act 1999 but also provides some criteria for discretionary rebates to enable a consistent approach to be applied to the District’s eligible ratepayers. 178 District Council of Mount Barker Council Agenda 5 July 2010 Community Engagement: Informing only Community input Community consultation undertaken in conjunction with the Annual Business Plan. Website At the Front Counter of the Local Government Centre, 6 Dutton Road, Mount Barker At the Library, Dumas Street, Mount Barker Public Meeting held 7 June 2010 No response on the Draft Rate Rebate Policy from Community consultation process Recommendations Nil Policy: New policy Budget: Council currently rebates approximately $235,000 per annum of general rate revenue. Whilst most of these are compulsory rebates some are discretionary and the total rebated reduces Council’s capacity for delivery of services. Statutory/Legal: Rate rebates are applied in accordance with the Local Government Act 1999. Staff Resource Requirements: The implementation of the Policy will be managed within existing resources. Environmental: Not applicable Social: Rate Rebates provide a benefit to eligible ratepayers where it is identified that they provide a service to the community, eg Council provides mandatory rebates for health, community, religious, education and religious institutions and discretionary rebates are provided in accordance with Section 166 of the Local Government Act, 1999, as amended. Risk Assessment: The policy will enable Council to provide consistency of approach in applying discretionary rebates and maintenance of the general rate base for delivery of services to the community. 179 District Council of Mount Barker Council Agenda 5 July 2010 Asset Management: Not applicable. Key Contact Neville Gay, Senior Rates & Property Officer, Council Services: Manager or Sponsor of Project Narelle Jeffery Attachments 1. Draft Rebate Policy 180 District Council of Mount Barker Council Agenda 5 July 2010 181 Attachment to Item 12.5 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 6.14 TITLE: Page 1 of 10 Rate Rebate Policy RESPONSIBLE DEPARTMENT: Council Services ASSOCIATED PROCEDURE(S): ASSOCIATED DELEGATION(S): Chief Executive Officer General Manager Council Services Senior Rates Property Officer DATE OF COUNCIL: LAST REVIEW & BY Policy Statement It is the policy of the District Council of Mount Barker that a rebate of rates in respect of any rateable land in the Council area will be available only when the applicant satisfies the requirements under the Local Government Act 1999 and, where appropriate, the requirements of this Policy. 1. Introduction 1.1 The Local Government Act 1999 (“the Act”) sets out at Chapter 10, Division 5 (Sections 159 to 166) those provisions applicable to the Council granting a rebate of rates to persons or bodies. 1.2 The Council has adopted a Policy to assist it in its decision making functions relative to the operation of the rate rebate provisions contained in the Act. 1.3 This Policy is intended to provide guidance to the community as to the grounds upon which a person or body is, or may be entitled to receive a rebate of rates and the matters that the Council will take into account in deciding an application for a rebate. 1.4 In accordance with the rebate provisions contained in the Act, this Policy sets out the type of use in respect of land which the Council must grant a rebate of rates and the amount that rebate must be, and those types of land use where the Council has a discretion to grant a rebate of rates. District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 182 Page 2 of 10 2. Local Government Act 1999 2.1 Section 159(3) of the Act provides that the Council may grant a rebate of rates under the Act if it is satisfied that it is appropriate to do so. 2.2 The Act provides for a mandatory rebate of rates in specified cases and the amount of that mandatory rebate (see Clause 3 below) 2.3 The Act also provides that where the Council must grant a rebate of rates under the Act, and the amount of that rebate if fixed by the Act at less than 100%, the Council may increase the amount of the rebate. 2.4 The Act provides, at Section 166 for the Council to provide a discretionary rebate of rates in the cases set out in that Section. 3. Mandatory Rebates 3.1 The Council must grant a rebate in the amount specified in respect of those land uses which the Act provides will be granted a rebate. 3.2 Rates on the following land will be rebated at 100%: 3.2.1 Health Services Land being predominantly used for service delivery or administration by a hospital or health centre incorporated under the South Australia Health Commission Act 1976; 3.2.2 Religious Purposes Land containing a church or other building used for public worship (and any grounds), or land solely used for religious purposes; 3.2.3 Public Cemeteries Land being used for the purposes of a public cemetery; 3.2.4 Royal Zoological Society of SA Land (other than land used as domestic premises) owned by, or under the care, control and management of, the Royal Zoological Society of South Australia Incorporated. 3.3 Rates on the following land will be rebated at 75%: District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 183 Page 3 of 10 3.3.1 Community Services Land being predominantly used for service delivery and administration by a community services organization. A “community services organisation” is defined in the Act as a body that – 3.3.1.1 is incorporated on a not for profit basis for the benefit of the public; and 3.3.1.2 provides community services without charge or for a charge that is below the cost to the body of providing the services; and 3.3.1.3 does not restrict its services to persons who are members of the body. It is necessary for a community services organisation to satisfy all of the above criteria to be entitled to the mandatory 75% rebate. The Act further provides that eligibility for a rebate by a community services organisation is subject to it providing one or more of the following community services – 3.3.1.4 emergency accommodation; 3.3.1.5 food or clothing for disadvantaged persons (i.e., persons who are disadvantaged by reason of poverty, illness, frailty, or mental, intellectual or physical disability); 3.3.1.6 supported accommodation (i.e., residential care facilities in receipt of Commonwealth funding or accommodation for persons with mental health, intellectual, physical or other difficulties who require support in order to live an independent life); 3.3.1.7 essential services, or employment support, for persons with mental health disabilities, or with intellectual or physical disabilities; 3.3.1.8 legal services for disadvantaged persons; 3.3.1.9 drug or alcohol rehabilitation services; or 3.3.1.10 the conduct of research into, or the provision of community education about, diseases or illnesses, or the provision of palliative care to persons who suffer from diseases or illnesses. District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 184 Page 4 of 10 3.3.2 Educational Purposes 3.4 3.3.2.1 Land occupied by a government school under a lease or licence and being used for educational purposes; or 3.3.2.2 Land occupied by a non-government school registered under Part 5 of the Education Act 1972 and being used for educational purposes; or 3.3.2.3 Land being used by a University or University College to provide accommodation and other forms of support for students on a not for profit basis. Rates on the following land will be rebated as follows: 3.4.1 Community Housing 3.4.1.1 Land occupied by Registered Community Housing properties will receive: 3.4.1.1.1 3.4.1.1.2 3.4.1.1.3 3.4.1.2 25% rebate for 2010/2011, 50% rebate for 2011/2012, 75% rebate for 2012/2013. Where a body is entitled to a rebate the Council may, pursuant to Section 159(4) of the Act, increase the rebate up to 100%. The Council may grant the further rebate upon application or on its own initiative. In either case the Council will take into account those matters set out at Clause 5.4 of this Policy and may take into account any or all of those matters set out at Clause 5.5 of this Policy. It is necessary for a community housing organisation to satisfy all of the criteria to be entitled to the mandatory rebate. 3.5 Where the Council is satisfied from its own records or from other sources that a person or body meets the necessary criteria for a mandatory 100% or 75% rebate, the Council will grant the rebate of its own initiative. Where the Council is not satisfied it will require the person or body to apply for the rebate in accordance with Clause 6 of this Policy. 3.6 Where a person or body is entitled to a rebate of 75% the Council may, pursuant to Section 159(4) of the Act, increase the rebate up to a further 25%. The Council may grant the further 25% rebate upon application or on its own initiative. In either case the Council will take into account those matters set District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 185 Page 5 of 10 out at Clause 6.4 of this Policy and may take into account any or all of those matters set out at Clause 6.5 of this Policy. 3.7 Where an application is made to the Council for a rebate of up to a further 25% the application will be made in accordance with Clause 6 of this Policy and the Council will provide written notice to the applicant of its determination of that application. 4. Discretionary Rebates 4.1 The Council may in its absolute discretion grant a rebate of rates or service charges in any of the following cases pursuant to Section 166 of the Act – 4.1.1 where it is desirable for the purpose of securing the proper development of the area (or a part of the area); 4.1.2 where it is desirable for the purpose of assisting or supporting a business in its area; 4.1.3 where it will be conducive to the preservation of buildings or places of historic significance; 4.1.4 where the land is being used for educational purposes; 4.1.5 where the land is being used for agricultural, horticultural or floricultural exhibitions; 4.1.6 where the land is being used for a hospital or health centre; 4.1.7 where the land is being used to provide facilities or services for children or young persons; 4.1.8 where the land is being used to provide accommodation for the aged or disabled; 4.1.9 where the land is being used for a residential aged care facility that is approved for Commonwealth funding under the Aged Care Act 1997 (Commonwealth) or a day therapy centre; 4.1.10 where the land is being used by an organisation which, in the opinion of the Council, provides a benefit or service to the local community; 4.1.11 where the rebate relates to common property or land vested in a community corporation under the Community Titles Act 1996 over which the public has a free and unrestricted right of access and enjoyment; and District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 186 Page 6 of 10 4.1.12 where the rebate is considered by the Council to be appropriate to provide relief against what would otherwise amount to a substantial change in rates payable due to a change in the basis of valuation used for the purposes of rating, rapid changes in valuations, or anomalies in valuations. 4.2 The Council may grant a rebate of rates up to and including 100% of the relevant rates or service charges. The Council may grant a rebate for a period exceeding one year, but not exceeding 10 years in respect of those cases identified at 4.1.1, 4.1.2 or 4.1.11 above. 4.3 The Council has an absolute discretion – 4.3.1 to grant a rebate of rates or service charges in the above cases; and 4.3.2 to determine the amount of any such rebate 4.4 Where a service charge relates to the provision of a service, eg CWMS and refuse, and where that service is provided, a rebate of the service charge will not occur unless determined by other provisions. 4.5 Persons who or bodies which seek a discretionary rebate will be required to submit an application form to the Council and provide to the Council such information as stipulated on the application form and any other information that the Council may reasonably require. 5. Rate Capping Rebates 5.1 Council is continually improving its rating system to have the most equitable and fairest distribution across the community, while providing relief for those ratepayers who have limited incomes and ability to pay. A Rate Cap is to apply to eligible residential ratepayers’ principal place of residence to protect individuals against increased rates brought about by substantially increased property valuations. Council will apply a rate cap to Residential 1, Residential 2 and Primary Production properties affected by the increases in each financial year. 5.2 A rebate of general rates will be granted to the Principal Ratepayer where the amount of any increase in rates is greater than 12.5%. To provide further protection for ratepayers on limited incomes, who hold a State Concession Card and are eligible for the maximum pensioner concession, a lower cap will apply. 5.2.1 A rebate will not apply where - District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 187 Page 7 of 10 5.2.1.1 any such increase is due in whole or part to an increase in valuation of the land in the assessment because of improvements made to it worth more than $20,000, or 5.2.1.2 any such increase is in whole or part because the zoning of the land has been changed, or 5.2.1.3 any such increase is due in full or part to the use of the land being different for rating purposes on the date Council declared its general rates for the financial year, than on the date the Council declared its general rates for the previous financial year, or 5.2.1.4 the ownership of the rateable property has changed since the previous financial year, or 5.2.1.5 the land use classification is Commercial, Industrial or Vacant Land. 6. Applications 6.1 The Council will inform the community of the provisions for rate rebate under the Local Government Act by the inclusion of suitable details in the Annual Business Plan distributed with the annual rate notice. 6.2 Persons or bodies who seek a rebate of rates (and/or service charges) either 6.2.1 pursuant to Section 159(4) of the Act and Clause 3.5 of this Policy; or 6.2.2 pursuant to Section 166 of the Act and Clause 4.3 of this Policy, must make written application to the Council pursuant to Section 159(1) of the Act in the manner and form determined by the Council and supplying such information as the Council may reasonably require. 6.3 Application forms may be obtained from the Council office located at 6 Dutton Road, Mount Barker. 6.4 The Council will take into account, in accordance with Section 166(1a) of the Act, the following matters – 6.4.1 the nature and extent of Council services provided in respect of the land for which the rebate is sought in comparison to similar services provided elsewhere in the Council’s area; District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 188 Page 8 of 10 6.4.2 the community need that is being met by activities carried out on the land for which the rebate is sought; and 6.4.3 the extent to which activities carried out on the land for which the rebate is sought provides assistance or relief to disadvantaged persons. 6.5 The Council may take into account other matters considered relevant by the Council including, but not limited to, the following – 6.5.1 why there is a need for financial assistance through a rebate; 6.5.2 the level of rebate (percentage and dollar amount) being sought and why it is appropriate; 6.5.3 the extent of financial assistance, if any, being provided to the applicant and/or in respect of the land by Commonwealth or State agencies; 6.5.4 whether the applicant has made/intends to make applications to another Council; 6.5.5 whether, and if so to what extent, the applicant is or will be providing a service within the Council area; 6.5.6 whether the applicant is a public sector body, a private not for profit body or a private or profit body; 6.5.7 whether there are any relevant historical considerations that may be relevant for all or any part of the current Council term; 6.5.8 the desirability of granting a rebate for more than one year in those circumstances identified at Clause 4.2 of this policy; 6.5.9 consideration of the full financial consequences of the rebate for the Council; 6.5.10 the time the application is received; 6.5.11 any other matters, and policies of the Council, which the Council considers relevant. 6.6 All persons who or bodies which wish to apply to the Council for a rebate of rates must do so on or before 31 October in the year of the application. The Council reserves the right to refuse to consider applications received after that date. However, applicants which satisfy the criteria for a mandatory 100% rebate will be granted the rebate at any time. District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 189 Page 9 of 10 6.7 The Act provides that the Council may grant a rebate of rates or charges on such conditions as the Council thinks fit. 6.8 The Council may, for proper cause, determine that an entitlement to a rebate of rates under the Act no longer applies. Where an entitlement to a rebate of rates ceases or no longer applies during the course of a financial year, the Council is entitled to recover rates, or rates at the increased level (as the case may be), proportionate to the remaining part of the financial year. 6.9 It is an offence for a person or body to make a false or misleading statement or representation in an application or to provide false or misleading information or evidence in support of an application made (or purporting to be made) under the Act. The maximum penalty for this offence is $5,000. 6.10 If a person or body has the benefit of a rebate of rates and the grounds on which the rebate has been granted cease to exist, the person or body must immediately inform the Council of that fact and (whether or not the Council is so informed) the entitlement to a rebate ceases. If a person or body fails to do so that person or body is guilty of an offence. The maximum penalty for this offence is $5,000. 6.11 The Council will, in writing advise an applicant for a rebate of its determination of that application within sixty business days of receiving the application or of receiving all information requested by the Council. The advice will state – 6.11.1 if the application has been granted, the amount of the rebate; or 6.11.2 if the application has not been granted, the reasons why. 7. Delegation 7.1 The Council has delegated its power, pursuant to Section 44 of the Act, to grant applications for mandatory rebates which meet the requirements of the Act. 7.2 The Council has delegated its power, pursuant to Section 44 of the Act to determine applications and to grant a discretionary rebate of rates to General Manager Council Services and Senior Rates and Property Officer District Council of Mount Barker Council Agenda 5 July 2010 DISTRICT COUNCIL OF MOUNT BARKER POLICY MANUAL Section 6 – Finance 8. 190 Page 10 of 10 Review A person who or a body which is aggrieved by a determination of the Council in respect of an application for a rebate may seek a review of that decision in accordance with the Council’s Policy Grievances - Internal Review of Council Decisions. 9. Availability of Policy This Policy is available for inspection at the Council offices and persons may obtain a copy of this Policy upon payment of the fee set by the Council. District Council of Mount Barker 12.6 REPORT TITLE: Council Agenda 5 July 2010 FEES & CHARGES REGISTER 2010-2011 DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 30/050/026 Strategic Plan Ref: Goal 5 – Council Leadership – 5.6 “….Balanced annual budget….” Purpose To provide the Council with the information necessary to make a decision regarding the proposed Fees and Charges Register 2010-2011. Summary – Key Issues: Update Council’s Fees and Charges Register for the 2010-2011 financial year. Recommendation That the 2010-2011 Register of Fees and Charges as attached be adopted. Background In conjunction with the development of the annual business plan and budget, fees and charges are reviewed annually. Relevant staff from all departments have undertaken a review of all the proposed fees and charges. A proposed register of Fees and Charges for 2010-2011 has been prepared & attached to this report (Refer attachment 1). Discussion 1. The schedule of fees and charges is to apply for a range of services in the 2010-2011 financial year in accordance with Section 188 of the Local Government Act 1999. 2. Fees and charges may be fixed, varied, or revoked by decision of Council or by by-law. Council must keep a list of fees and charges imposed under this section on public display (during ordinary office hours) at the principal office of the council. 3. The Register of Fees and Charges details the user charges set by Council and the statutory charges set by the State Government in regulations. The statutory fees and charges are the current charges and may be amended by State Government at any time during the financial year. 4. The Register of Fees and Charges will be updated as statutory charges are amended. CWMS and Refuse charges will be applied pro rata from the date of access to the service as determined by Council’s business plan. 191 District Council of Mount Barker Council Agenda 5 July 2010 5. Council determined fees and charges have in general been increased by 3-4% to meet the estimated increase in the cost of Council operations reflected in the 4% increase in operating expenditure in Council’s Draft Annual Business Plan 2010-2011. 6. Administration charges, specifically photocopying charges have been increased at a higher rate. These have not increased since 2005 and the increase recommended takes the CPI increases over the period into account, library photocopying charges have been adjusted to the same level. 7. Cemetery fees for vaults have been adjusted to reflect the true cost of construction, and curator fees adjusted to account for out of hours attendance. The Mount Barker Lawn Cemetery fees have been adjusted to match the increased cost of maintenance of this area. 8. Dog registration fees were adopted by Council on 1 March 2010 and subsequently approved by the Minister for Environment and Conservation with the full registration fee increased to $50 and subsequent discounted registrations showing a similar % increase. 9. The list of Immunisation services has been adjusted to reflect the current requirements and costs to Council. Fees for cooling towers have been included in line with the Legionella Regulations and Guidelines 10. The charge for Refuse collection has not increased with estimated revenue sufficient to cover the annual cost of the kerbside collection service of $1,946,767. Green waste and scrap metal prices at the transfer station, which have not been increased for more than five years will be increased next year to account for increases in mulching and other operating costs over this period. 11. The Community Waste Water Management Schemes (CWMS) service charge is collected specifically to cover the costs of supplying the service to ratepayers. The annual charge pays for maintaining and operating the service as well as contributing to capital costs for maintaining and upgrading the infrastructure. In 2010-2011 it is estimated that $4,804,478 will be spent on CWMS operations, maintenance and capital. The preparation of a new three year business plan for CWMS is progressing well with completion expected soon. This will further inform the approach to CWMS charges and will be the subject of a separate agenda item to a future council meeting 12. Hourly hall hire fees for Mount Barker Hall have increased to bring them in line with similar facilities and include a daily rate and a bond to cover costs of occasional damage to the facility. The increase in fees will enable annual maintenance and capital renewal to be fully funded by the operations of the hall. 192 District Council of Mount Barker Council Agenda 5 July 2010 Community Engagement: Informing only Fees & Charges were included in the operating revenue of the Annual Business Plan 2010-2011 and Budget that was available for public consultation between May 4 and June 4 2010 Policy: Annual Business Plan 2010-2011, Funding Policy Budget: Fees and Charges in this register have been used to determine some income budgets in the proposed Budget Estimates 2010-2011. Statutory/Legal: The preparation of the Register of Fees and Charges complies with the Local Government Act 1999. Staff Resource Requirements Not applicable to this report. Environmental Not applicable to this report. Social Wherever practicable fees are charged to the direct beneficiary of a service through the making of; • a user charge where this is practicable, and where direct charging is consistent with Council policy, and with fairness and equity for that particular service. • Direct benefits will be largely, if not wholly, funded by user charges for development processes (to the extent permitted by law), refuse disposal, CWMS and water charges and certain services delivered directly to individuals or groups. Risk Assessment: The Local Government Act 1999 requires that Council assesses the financial requirements of the Council for the financial year and sets out a summary of its proposed sources of revenue and takes into account the Council's long-term financial plan. Asset Management: Fees & charges generated by Council assets contribute towards maintenance and renewal of valuable infrastructure. Key Contact Anne Mooney, Senior Finance Officer, Council Services: Manager or Sponsor of Project Narelle Jeffery Attachments 1. Fees & Charges Register 2010-2011 193 District Council of Mount Barker Council Agenda 5 July 2010 194 Attachment to Item 12.6 District Council of Mount Barker Council Agenda 5 July 2010 195 District Council of Mount Barker Council Agenda 5 July 2010 196 District Council of Mount Barker Council Agenda 5 July 2010 197 District Council of Mount Barker Council Agenda 5 July 2010 198 District Council of Mount Barker Council Agenda 5 July 2010 199 District Council of Mount Barker Council Agenda 5 July 2010 200 District Council of Mount Barker Council Agenda 5 July 2010 201 District Council of Mount Barker Council Agenda 5 July 2010 202 District Council of Mount Barker Council Agenda 5 July 2010 203 District Council of Mount Barker Council Agenda 5 July 2010 204 District Council of Mount Barker Council Agenda 5 July 2010 205 District Council of Mount Barker Council Agenda 5 July 2010 206 District Council of Mount Barker Council Agenda 5 July 2010 207 District Council of Mount Barker Council Agenda 5 July 2010 208 District Council of Mount Barker Council Agenda 5 July 2010 209 District Council of Mount Barker Council Agenda 5 July 2010 210 District Council of Mount Barker Council Agenda 5 July 2010 211 District Council of Mount Barker 12.7 REPORT TITLE: Council Agenda 5 July 2010 STATEMENT OF ESTIMATED ANNUAL REVENUE AND EXPENDITURE FOR THE YEAR ENDING 30 JUNE 2011 DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 30/050/026 Strategic Plan Ref: Goal 5.1 – Council Leadership – “Sustainable community finances and assets.” Purpose To provide the proposed budget for 2010-2011 and supporting information to enable its adoption by Council. Summary: Adoption of the budget for 2010-2011 projecting an operating deficit before capital revenue of $29,000, asset renewal expenditure of $6,555,872, capital expenditure on new and upgraded assets of $10,552,500, capital revenue of $5,902,050,and new borrowings of $5,000,000. Total general rate revenue will include a 4% increase including 1% for the infrastructure Fund levy to be allocated to loan repayments for major new capital projects, and an additional 3% from new assessment growth. Allocation from the Infrastructure Fund Reserve to; the District Wide Playground Upgrade program and contribution to the next stage of the Laratinga Linear trail. Recommendation 1 That Council adopt : the statement of Estimated Annual Expenditure and Income, including estimates of Cash Flow, Statement of Changes in Equity, Funding Statement, Income Statement and Balance Sheet for the 2010-2011 financial year as distributed in attachment 1 providing for; expenditure of a total sum of $42,700,969 estimated income other than general rates of $19,616,810 and the amount required to be raised by general rates of $17,899,985 212 District Council of Mount Barker Council Agenda 5 July 2010 Adoption of Valuations (for rating purposes) Recommendation 2 That the most recent valuation of the Valuer General available to the Council of the Capital Value of land within the Council’s area totalling $5,372,310,140 be adopted for the 2010-2011 financial year. NB: Valuation as at 26 June 2010. Declaration of Differential General rates Recommendation 3 That Differential General Rates be declared according to the following land use categories in the Council area (Local Government Act, 1999 Section 156(1)) as follows: 1. For land within Local Govt Code 1 – Residential 0. 351925 cents in the dollar on the capital value of rateable land 2. For land within Local Govt Code 1 – Residential 2 0. 316733 cents in the dollar on the capital value of rateable land 3. For land within Local Govt Code 2 – Commercial - Shop 0. 351925 cents in the dollar on the capital value of rateable land 4. For land within Local Govt Code 3 – Commercial – Office 0. 351925 cents in the dollar on the capital value of rateable land 5. For land within Local Govt Code 4 – Commercial - Other 0. 351925 cents in the dollar on the capital value of rateable land 6. For land within Local Govt Code 5 – Industry – Light 0. 351925 cents in the dollar on the capital value of rateable land 7. For land within Local Govt Code 6 – Industry – Other 0. 351925 cents in the dollar on the capital value of rateable land 8. For land within Local Govt Code 7 – Primary Production 0. 295617 cents in the dollar on the capital value of rateable land 213 District Council of Mount Barker 9. Council Agenda 5 July 2010 For land within Local Govt Code 8 – Vacant Land 0. 351925 cents in the dollar on the capital value of rateable land 10. For land within Local Govt Code 9 – Other 0. 351925 cents in the dollar on the capital value of rateable land Recommendation 4 Pursuant to Section 158(1)(a) of the Local Government Act, 1999 that a minimum amount payable by way of general rates of $560 be fixed in respect of rateable land in the Council’s area. Recommendation 5 Pursuant to Local Government Act 1999 section 153(3) a maximum increase in the general rate is to apply to eligible residential ratepayers’ principal place of residence and will apply to Residential 1, Residential 2 and Primary Production properties. A rebate of general rates will be granted to the Principal Ratepayer where the amount of any maximum increase in the general rate is greater than 12.5% and, Principal Ratepayers who hold a State Concession Card and are eligible for the maximum pensioner concession, where the amount of any maximum increase in the general rate is greater than 4%. Conditions apply in accordance with Local Government Act 1999 section 153(4) and Council’s Annual Business Plan 2010-2011. Recommendation 6 Pursuant to Local Government Act 1999 section 181(2)(a) all rates will be payable in four instalments. The instalments will be payable on 3 September, 3 December,4 March and 3 June of the financial year for which the rates are declared. Declaration of Service Charges CWMS Service Charge Recommendation 7 That pursuant to Section 155 of the Local Government Act, 1999, the Council declare for the financial year ending 30th June 2011 the following service charge payable by ratepayers benefited by the common effluent drainage scheme authorised by the Minister a charge of $347 per unit. Refuse Charge Recommendation 8 1. That a refuse charge for the kerb-side waste collection service and disposal for the 2010-2011 year of $138 each rateable property within 214 District Council of Mount Barker Council Agenda 5 July 2010 Council’s designated kerbside waste and recycling collection area is entitled to receive: a. One weekly kerbside waste collection comprising of 140L Mobile Garbage Bin (MGB) b. One fortnightly kerbside recycling collection comprising 240L MGB c. Provision of one 140L MGB and 240L MGB by Council. 2. That a refuse charge for the kerb-side waste collection service and disposal for the 2010-2011 year of $165 each rateable property within the collection area designated as ‘township’ in the kerbside collection area is entitled to receive: a. One weekly kerbside waste collection comprising of 140L Mobile Garbage Bin (MGB) b. One fortnightly kerbside recycling collection comprising 240L MGB c. Provision of one 140L MGB and 240L MGB by Council d. plus one fortnightly kerbside green waste collection comprising 240L MGB. This applies to all properties within the respective collection area. Primary Production Properties classified as Primary Production where no dwelling exists are exempt under Council’s rating policy for the refuse charge and consequently no service (or associated refuse charge) applies to these properties. Premises classified as exempt from the kerbside collection service due to inaccessibility or similar reasoning by Council will not be required to pay the annual service charge and therefore will not receive a kerbside collection service. Conditions apply to Schools, multiple Tenancies, Commercial & Industrial Bin Provision and Replacement and Council owned properties (refer Kerbside Waste & Recycling Collection Service Policy for definitions). Section 188 of the Act permits Council to apply the charge pro rata against the remaining period of the financial year. Meadows Water Service Charge Recommendation 9 That Meadows water service charge for the 2010-2011 financial year be fixed at $276 per rateable assessment. 215 District Council of Mount Barker Council Agenda 5 July 2010 Separate Rate- Hahndorf Recommendation 10 That pursuant to Section 154 of the Local Government Act 1999, for the fiscal year ending 30 June 2011, and in order to undertake the project of promoting and enhancing business viability, profitability, trade and commerce in that part of the Council’s area. Comprising land within Historical Township of Hahndorf (HT1) as described in the Development Plan applicable to the District Council of Mt Barker, the following differential separate rates are declared on all rateable land based upon capital value of the land subject to the rate as follows: Land uses – category 2 (commercial shop), category 3 (commercial office), category 4 (commercial – other), category 5 (Industry – light), category 6 (Industry – other) & category 8 (vacant land), 0.1 cents in the dollar. NB: Valuation as at 26 June 2010. Separate Rate - Mount Barker Recommendation 11 That pursuant to Section 154 of the Local Government Act 1999, for the fiscal year ending 30th June 2011, for enhancing the commercial & business viability of the Regional Town Centre as determined by the Mount Barker Town Centre Development Association, when formed. Comprising land within Mount Barker Regional Town Centre Zone as described in the Development Plan applicable to the District Council of Mt Barker, the following differential separate rates are declared on all rateable land based upon capital value of the land subject to the rate as follows: Land uses – category 2 (commercial shop), category 3 (commercial office), category 4 (commercial – other), category 5 (Industry – light), category 6 (Industry – other) & category 8 (vacant land) 0. 045906 cents in the dollar. NB: Valuation as at 26 June 2010. SEPARATE RATE- Developer Contributions Recommendation 12 Pursuant to Section 154 of the Local Government Act 1999 the Council declares a separate rate on each of the development sites listed below; Road West Tree Drive 704/106 Allotment 101, DP 51577; 931/823 Allotment 1, DP 65900; 216 District Council of Mount Barker Council Agenda 5 July 2010 of an amount comprising a fixed charge for the purpose of securing the construction of infrastructure works located directly adjacent or within or near to the development site being works of particular benefit to the land and to the occupiers of the land that is the subject of the proposed development and to visitors to that part of the Council area and Hurling Drive Hurling Drive Hurling Drive Hurling Drive Hurling Drive Hurling Drive Sims Road East Hallet Road Gardner Street Matthew Road CT CT CT CT CT CT CT CT CT CT 5798/189 Allotment 98, FP 215216 5807/442 Allotment 104 and 105, DP 53125 5411/888 Allotment 1001, DP 31638 5406/172 Allotment 14, DP 46774 5818/898 Allotment 28, HP 160105 5162/448 Allotment 1, FP 8847 5144/868 Allotment 3, FP 10713; 5792/224 Allotment 42, FP 157277; 5902/341 Allotment 101, DP 62247 5918/382 Allotment 124, DP 62889 of an amount comprising a fixed charge for the purpose of securing the construction of infrastructure works located directly adjacent or within or near to the development site being works of particular benefit to the land and to the occupiers of the land that is the subject of the proposed development and to visitors to that part of the Council area, and Meadows East Meadows West CT 5346/571 Allotment 99, DP 27399 CT 5334/230 Allotment 25, DP 44616 of an amount comprising a fixed charge for the purpose of securing the construction of infrastructure works located directly adjacent or within or near to the development site being works of particular benefit to the land and to the occupiers of the land that is the subject of the proposed development and to visitors to that part of the Council area, and Hawthorn Road Hawthorn Road CT 5888/156 Allotment 98, DP 60057 CT 5875/791 Allotment 69, FP 159946 of an amount comprising a fixed charge for the purpose of securing the construction of infrastructure works located directly adjacent or within or near to the development site being works of particular benefit to the land and to the occupiers of the land that is the subject of the proposed development and to visitors to that part of the Council area. NATURAL RESOURCES MANAGEMENT LEVY Recommendation 13 That in exercise of the powers contained in the Natural Resources Management Act 2004 and Section 154 of the Local Government Act 1999, in order to reimburse to the Council the amount of $90,649 contributed to the Adelaide & Mount Lofty Ranges Natural Resources Management Board. 217 District Council of Mount Barker Council Agenda 5 July 2010 A separate rate of 0. 010158 cents in the dollar based upon the capital value of rateable land, is declared on all rateable land in the Council’s area, within the Adelaide & Mount Lofty Ranges Natural Resources Management Board area for the year ending 30 June 2011. That in exercise of the powers contained in Natural Resources Management Act 2004 and Section 154 of the Local Government Act 1999, in order to reimburse to the Council the amount of $319,504 contributed to the SA Murray-Darling Basin Natural Resources Management Board. A separate rate of 0. 007408 cents in the dollar based upon the capital value of rateable land, is declared on all rateable land in the Council’s area, within the SA Murray-Darling Basin Natural Resources Management Board area for the year ending 30 June 2011. NB: Valuation as at 26 June 2010. Background 1. Section 123 (1) of the Local Government Act 1999 requires that a Council must have a budget for each Financial Year, that it comply with the Financial Regulations and that it be adopted after the 31st May for the ensuing Financial Year, but no later than the 31st August in the budget year. 2. Part 2 of the Financial Regulations describes the form of Council budgets and the statements that are required to be included in the budget documents. 3. The Draft Budget for 2010-2011 has been distributed and explained to Council during a series of briefings during February, March and April 2010. The briefing presentations divided the budget into four areas; operating activities, strategic initiatives, annual infrastructure works, and other new capital expenses. During these workshops all aspects of the draft budget were covered and members were provided opportunities to ask questions in relation to each area. 4. The Draft Budget was included in the Draft Annual Business Plan that was provided for public consultation on 4 May 2010. A public meeting was held on 7 June 2010 for discussion of the 2010-2011 draft business plan and budget and written submissions from the community were considered by Council as part of the consultation process. An email link for enquiries and to submit feedback on the Draft Annual Business Plan was provided on Council’s website. Discussion Section 123 (7) of the Local Government Act 1999 requires that Each budget of a council must— 218 District Council of Mount Barker Council Agenda 5 July 2010 1. be considered in conjunction with the council's annual business plan (and must be consistent with that plan, as adopted); and 2. (b) be adopted by the council after the council has adopted its annual business plan. 3. Council is faced with the challenges of providing services and to raise more revenue in order to provide for the growing District. In order to provide for this community, the general rate for 2010-2011 is recommended to increase by 4% and includes a 1% Infrastructure Fund Levy. It is to be noted that this recommendation is below that indicated in Council’s Long Term Financial Plan. 4. The 2010-2011 Budget provides for new strategic initiatives of $1 million and a $17.1 million capital expenditure budget, including $6.6 million of annual renewal and replacement, and $10.5 million in new capital projects. 5. Annual operating expenditure has increased by 4% to $31.6 million. Residential property values have increased by approximately 4% on average, and eligible ratepayers with a rate increase over 12.5% can apply for a rebate with the pensioners rate cap set at 4 %. Community Engagement: Informing only On website and in Courier Consultation comments: Decision to be made Key factors to be considered in decision Area of community influence Adopt Annual Business Plan 2010-2011 Long Term Financial Plan Asset Management Plans Aspects that are fixed: Legislative factors. Key areas for community input: Community may make submissions on all sections of the Annual Business Plan. Method of Copies being available at the Mt Barker Community consultation, informing community Library; & cost Copies being available at Council’s offices; A copy being available on Council’s website; 219 District Council of Mount Barker Council Agenda 5 July 2010 A facility for the community to ask questions and receive submissions on Council’s website during the consultation period In addition, as required under the Local Government Act 1999, a public meeting was held on Monday, 7 June 2010 prior to the Ordinary Council meeting to hear submissions/questions/feedback from the community Feedback to A written response will be made to all submissions stakeholders/Council once the Annual Business Plan 2010-2011 has been adopted by Council. Timeframe for 4 May to 4 June 2010 consultation Community input 31 submissions were received (post consultation One each regarding only) Commercial differential rate Heritage property differential rate Primary Production differential rate Recreation and playground facilities Library expenditure Pedestrian trails and footbridges Capital projects; Infrastructure projects Funding for growth infrastructure And 22 submissions regarding; Hahndorf Separate rate. 220 District Council of Mount Barker Council Agenda 5 July 2010 Recommendations Defer any policy change in differential rates for (post consultation Commercial & Industrial and any other properties to only) allow further detailed analysis. Responses will be made to all submissions after adoption of the Annual Business Plan 2010-2011 Policy: The Annual Business plan replaces the Rating Policy. Budget: The projected operating deficit is $29k as shown on the budgeted income statement – attachment 1. Total Expenditure for the year is $42.7 million, of which $17.1 million is capital works. Council’s net budget deficit for the year is $5.2 million. There will be an estimated reduction in cash reserves of $0.5 million and $5 million in new loans. Statutory/Legal: Complies with the Financial Regulations of the Local Government Act 1999. Staff Resource Requirements An increase of 1 full time equivalent staff is included in the budget estimates and funded within new capital projects. Environmental Council intends to continue its green waste recycling operation at Windmill Hill transfer station in addition to expenditure of $200k in Environment Services. Social Budgeted expenditure on community services is $1.3 million in the areas of senior citizens and youth services, community passenger network, home assistance, respite care and family & children. Risk Assessment: The Local Government Act 1999 requires that Council assesses the financial requirements of the council for the financial year and sets out a summary of its proposed operating expenditure, capital expenditure and sources of revenue and takes into account the council's long-term financial plan and relevant issues relating to the management and development of infrastructure and major assets by the council. Asset Management: The Annual Business Plan addresses issues relating to the management and development of infrastructure and major assets by the Council. 221 District Council of Mount Barker Council Agenda 5 July 2010 Key Contact Anne Mooney, Senior Finance Officer, Council Services: Manager or Sponsor of Project Narelle Jeffery Attachments 1. Financial Estimates 2. Capital Program Summary 3. Operating Expenditure Summary 222 District Council of Mount Barker Council Agenda 5 July 2010 223 Attachment 1 to Item 12.7 District Council of Mount Barker Council Agenda 5 July 2010 224 District Council of Mount Barker Council Agenda 5 July 2010 225 District Council of Mount Barker Council Agenda 5 July 2010 226 District Council of Mount Barker Council Agenda 5 July 2010 227 District Council of Mount Barker Council Agenda 5 July 2010 228 District Council of Mount Barker Council Agenda 5 July 2010 229 Attachment 2 to Item 12.7 District Council of Mount Barker Council Agenda 5 July 2010 230 District Council of Mount Barker Council Agenda 5 July 2010 231 District Council of Mount Barker Council Agenda 5 July 2010 232 Attachment 3 to Item 12.7 District Council of Mount Barker Council Agenda 5 July 2010 233 District Council of Mount Barker 12.8 REPORT TITLE: Council Agenda 5 July 2010 COMMUNITY CONSULTATION FOR PROPOSED LEASE TO NAIRNE GOLF CLUB INC DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 32/065/001 Strategic Plan Ref: Item 4.17 of Council’s Strategic Plan “plan for and manage community assets in partnership with the community including the use of community buildings and sporting facilities” The use of the land is consistent with objectives of Council’s Community Land Management Plan for Community, Recreation & Sport, particularly: (a) (b) To promote the efficient and effective management of facilities and organisations within the District; and To ensure recreation and sporting facilities and space are accessible and equitable to all citizens of our community. Purpose To gain Council’s approval to undertake community consultation for a proposed lease to the Nairne Golf Club Inc over the land commonly known as the Nairne Golf Club. Summary/Key Points 1. Community consultation 2. Proposed lease to Nairne Golf Club including: Term of twenty one (21) years Defined obligations Recommendation That Council: 1. Authorises staff to undertake community consultation on a proposed lease to the Nairne Golf Club Inc over the land described as Section 5281 in HP Plan 170600, Crown Record 5755 Folio 744, commonly known as the Nairne Golf Club; 2. Note that at the conclusion of the community consultation a further report will be prepared for Council. Background 1. The Nairne Golf Club Inc (“Golf Club”) occupies the land described as Section 5281 in HP Plan 170600, Crown Record 5755 Folio 744 (outlined in green in Attachment 1) 234 District Council of Mount Barker Council Agenda 5 July 2010 2. The land is classified as community land under the Local Government Act 1999, and categorised by Council as “Community, Recreation & Sporting” for the purposes of the appropriate Community Land Management Plan. The core objectives of this Management Plan are: a) Encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games. b) To improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management. c) Promote, encourage and provide for the use of the land and to provide facilities on the land to meet the current and future needs of the local community and of the wider public. d) Provide for public recreation and the physical, cultural and social and intellectual welfare or development of individual members of the public. e) Ensure that such activities are managed having regard to any adverse impacts on nearby residents. f) In relation to purposes for which a lease or licence may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities). Discussion 1. A Memorandum of Understanding (“MOU”) between Council and the Golf Club was agreed in May 1973. The MOU permitted the Golf Club to establish and maintain a golf course on the land. The MOU expired on 30 April 1993. Since then the Golf Club has maintained occupation of the land in the absence of any lease or similar formal agreement with Council. In 2005 Council formally notified the Golf Club of the expiry of the MOU and staff have worked with the various committees since then to prepare the lease. Council has not collected any rental from the Golf Club for occupation of the land. The Golf Club maintain all of the land and the structures on the land. The Golf Club consists of 80 members (58 male, 8 female & 14 juniors). The course consists of nine (9) holes and is open each year from the start of April to the end of October. Competitions are held each Wednesday, Saturday and Sunday during this period. 2. Pursuant to Section 200(1) of the Local Government Act 1999 “a person must not use community land for a business purpose unless the use is approved by the Council”. For the purposes of this Act, land may be used for a business purpose even if it is not intended to make a profit. The Golf Club is a not for profit organisation. 3. Council staff have had discussions with the Golf Club and the terms of the proposed lease are agreed in principle. The permitted use of the lease will be for “golfing and associated recreational activities”. Council staff consider that the permitted use aligns with the abovementioned core objectives of the Community Land Management Plan for Community, Recreation & Sporting facilities. The Golf Club will be permitted to continue to sell alcohol on the premises under a lease. 235 District Council of Mount Barker 4. Council Agenda 5 July 2010 Pursuant to Section 202(4) of the Local Government Act 1999, a lease or a licence is to be granted or renewed for a term not exceeding twenty one (21) years including any renewals. The Golf Club has requested that the lease be for twenty one (21) years and that the peppercorn rental continue. Community Engagement: Decision to be To grant a lease to Nairne Golf Club Inc made Key factors to be 1. Community consultation considered in 2. Proposed lease to Nairne Golf Club including: decision (dot points) Term of twenty one (21) years Defined obligations Area of community influence Aspects that are fixed: 1. Requirement of the Local Government Act 1999 that use of community land for business purposes must be approved by Council. 2. Requirement of the Crown Lands Management Act 2009 that the Crown must approve the leasing of dedicated land. Key areas for community input: 1. Support for the granting of a lease Method of Public notices in: consultation, The Courier informing community Council’s website & cost Local Government Centre Library Letterbox drop to properties within 250 mtr radius of the land. Feedback to Following the consultation a further report will be stakeholders/Council prepared for Council. Letters will be sent to those people who respond. Timeframe for consultation The consultation will commence in July 2010 and be for a period of twenty one (21) days. Community input To be provided following the consultation. Recommendations To be provided following the consultation. 236 District Council of Mount Barker Council Agenda 5 July 2010 Policy: Community Consultation policy Council staff are preparing a “Leasing of Council Properties” policy which will be presented to Council when drafted. Budget: Approximately $250 for a public notice in The Courier. The Department of Environment & Heritage requires an application fee of $338 for assessing requests to lease dedicated Crown land. Statutory/Legal: Pursuant to Section 202(2) of the Local Government Act 1999, “before a Council grants a lease or a licence relating to community land, it must follow the relevant steps set out in its public consultation policy”. Council’s Community Consultation policy requires at least twenty one days for responses for matters pertaining to the granting of a lease. Pursuant to the Crown Land Management Act 1999, all new leases over Crown land which has a dedication (in this case for recreational purposes) need to be approved by the Minister for Environment & Conservation, as owner of the land. Council staff have written to the Minister seeking approval to grant a lease over the land. As the purpose for the use of the land is consistent with the dedication it is anticipated that the Minister will have no objection to Council granting a lease. The permitted use on the land is consistent with the objectives of Council’s Community Land Management Plan for Community, Recreational & Sporting facilities. A draft lease has been provided by Council’s lawyers. Staff Resource Requirements The establishment of a lease will be co-ordinated by existing staff. Environmental Not applicable to this report. Social There will be no change to social or recreational activities on the land. The proposal is to establish a formal agreement directly with the Golf Club. Risk Assessment: Council’s risk will be reduced as the lease contains obligations wherein the Golf Club is required to maintain adequate insurance cover and to indemnify Council from claims arising out of the permitted activities on the land. The lease will include the right for Council to terminate the lease should Council plan or propose to redevelop or rationalise the land giving the Golf Club twelve (12) months notice. 237 District Council of Mount Barker Council Agenda 5 July 2010 Asset Management: The Golf Club will be responsible for all matters relating to the land including maintenance of the land and buildings and any existing or future improvements on the land. Such obligations will be included in the lease. Should the Golf Club vacate the land fixed structures such as the clubrooms would become the property of Council and evaluated at the time for retention or disposal. Conclusion: The agreement between Council and the Golf Club expired in 1993. Pursuant to Section 200(1) of the Local Government Act 1999 “a person must not use community land for a business purpose unless the use is approved by the Council”, therefore another formal agreement needs to be established between the parties. Key Contact Bill Graham, Contracts Co-ordinator, Governance and Projects Manager or Sponsor of Project Brian Clancey Attachments 1. Proposed Golf Club Lease Area 238 District Council of Mount Barker Council Agenda 5 July 2010 239 Attachment to Item 12.8 District Council of Mount Barker 12.9 REPORT TITLE: Council Agenda 5 July 2010 PROPOSED UNDERGROUNDING OF POWER LINES IN HUTCHINSON STREET, MOUNT BARKER DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 80/080/045 Strategic Plan Ref: Goal Area 5 Council Leadership 5.7 Attract external funding to support council services and projects Purpose: To seek Council authority to enable a section of power lines in Hutchinson Street, Mount Barker to be placed underground. Summary – Key Issues: 1. There is an opportunity to ‘piggy back’ on work being undertaken to upgrade the electrical supply to the Mount Barker Central complex. 2. Undergrounding of a section of power lines in Hutchinson Street with the removal of three stobie poles would enhance amenity, remove a restriction on street trees and improve safety for road users and pedestrians. 3. The undergrounding can be achieved by Council only funding what it would normally contribute if Power Line Environment Committee funding was available with a contribution agreed in principle to come from the owner of the adjacent vacant land parcel, James Herriot Nominees Pty Ltd. Recommendation: That Council: 1. Authorises a Council contribution to the undergrounding of a section of power lines in Hutchinson Street, Mount Barker as per the attached letter to Mrs Herriot dated 24 June 2010 subject to the necessary arrangements with James Herriot Nominees Pty Ltd being finalised; 2. Authorises the Chief Executive Officer or nominee to finalise the necessary arrangements with both James Herriot Nominees Pty Ltd and ETSA Utilities; and 3. Notes that an adjustment to reflect the proposed funding arrangements for the Council contribution to the undergrounding project will need to be made to the 2010/11 Council Budget at the time of the first formal budget review. 240 District Council of Mount Barker Council Agenda 5 July 2010 Background: Please refer to the attached Council letter to Mrs Herriot dated 24 June 2010. Discussion: 1. There is a very limited window of opportunity for Council to further the objective of undergrounding all of the power lines within the Mount Barker Town Centre. 2. Funds from the Power Line Environment Committee (PLEC) are not available for the Hutchinson Street project at this time, nor is there any indication of when such funding could be available. 3. The advantage of this proposed funding mechanism means that Council may well be better placed to secure PLEC funding in future for other undergrounding projects within the district, including the main streets of towns such as Nairne and Meadows. 4. Community benefits if the undergrounding in Hutchinson Street proceeds are enhanced amenity, removal of a restriction on street trees and improved safety for road users and pedestrians. Community Engagement: Informing only Council website. Policy: The recommendations are consistent with Council’s practice to seek external funding to facilitate the undergrounding of power lines. Budget: The preliminary estimate of net cost to Council is around $35,000 excluding GST. As the contribution relates to ETSA Utilities not Council infrastructure the cost would be reflected in the operating budget. As this opportunity has only recently arisen and was unexpected, provision has not been made in the draft 2010/11 Annual Business Plan/Budget (please refer separate agenda item). Advice of acceptance of the proposed funding approach was only received from Mrs Herriot on 29 June 2010. The agenda item on the 2010/11 Annual Business Plan/Budget had already been completed and would have required late changes to be made in several areas if this contribution was to be included. 241 District Council of Mount Barker Council Agenda 5 July 2010 This was not practical and in any event would have pre empted consideration of this matter at a Council meeting. Council’s Senior Finance Officer has advised that the recommended approach of an adjustment at the first Budget review is preferred. Statutory/Legal: Not applicable. Staff Resource Requirements: Minimal impact which can be accommodated within existing staffing capacity. Environmental: Improved amenity. A restriction on street trees is removed. Social: Improved safety for road users and pedestrians. Risk Assessment: Financial risk is to be shared equally with James Herriot Nominees Pty Ltd. Asset Management: Not applicable as the infrastructure is the responsibility of ETSA Utilities. Conclusion: A desired outcome with demonstrable community benefits can be achieved now at a similar cost to Council as would apply if grant funds had been secured for the undergrounding project from the PLEC which is not the case. Key Contact Brian Clancey, General Manager Governance & Projects Department: Manager or Sponsor of Project Brian Clancey Attachments Council letter to Mrs Mary Herriot and subsequent response. 242 District Council of Mount Barker Council Agenda 5 July 2010 243 Atatchment 1 to Item 12.9 District Council of Mount Barker Council Agenda 5 July 2010 244 District Council of Mount Barker Council Agenda 5 July 2010 245 District Council of Mount Barker Council Agenda 5 July 2010 246 District Council of Mount Barker Council Agenda 5 July 2010 247 Atatchment 2 to Item 12.9 District Council of Mount Barker 12.10 Council Agenda 5 July 2010 REPORT TITLE: WARD DONATIONS DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 10/100/001 Strategic Plan Ref: GOAL AREA 1 – PEOPLE, COMMUNITIES AND CULTURE The people of our District are community focused and resourceful. Our District is recognised as a safe, healthy and creative community. The Mount Barker District will be the most desirable place to live based on wellbeing, lifestyle advantages and strong community spirit. GOAL AREA 5 – COUNCIL LEADERSHIP Shared aspirations – Council leadership The community, elected members and staff will all be part of a progressive and inclusive Council where people work together for community wellbeing, safety and financial and ecological sustainability. Purpose To allocate ward donation funds to individuals or organisations. Summary: Council budgeted an amount of $1000 in the 2009/10 for each elected member to allocate as donations to individuals or groups of their choice. Recommendation That Council make the following donations: Elected Member Amount Group/Individual Community Engagement: Informing only Policy: N/A Notification by way of Council minutes on website. 248 District Council of Mount Barker Council Agenda 5 July 2010 Budget: Each Elected Member has a budget allocation of $1,000 annually. Statutory/Legal: N/A Staff Resource Requirements Upon notification by the EA to CEO & Mayor, finance staff are responsible for forwarding ward donation cheques to the nominated recipient. It is incorporated into the existing responsibilities of the finance staff. Environmental N/A Social Ward donations enable individuals and organisation to request small donations to assist with their endeavours. Risk Assessment: N/A Asset Management: N/A Key Contact Sue Miller, Executive Assistant to CEO & Mayor Manager or Sponsor of Project Andrew Stuart, Chief Executive Officer Attachments NIL 249 District Council of Mount Barker 13. Council Agenda 5 July 2010 INFORMATION REPORTS RECOMMENDATION That the following information reports be noted en bloc. 13.1 REPORT TITLE: AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION’S NATIONAL GENERAL ASSEMBLY DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 32/010/052 Purpose To report back to Council on the Mayor’s, Councillor Bails’ and the Manager Governance & Business Processes’ attendance at the Australian Local Government Associations National General Assembly held in Canberra on Monday, 14 June – Thursday, 17 June 2010 and the Mayor’s attendance at the Australian Council of Local of Local Government (“ACLG”) on Friday, 18 June 2010. Background 1. The themes for the 2010 Australian Local Government Association’s (“ALGA”) National General Assembly (“NGA”) were Population, Participation and Productivity. “The 3 Ps”, as they are collectively known have been largely accepted as the three (3) principal drivers of economic growth. 2. The NGA provided a platform for Local Government to unite in developing appropriate strategies to respond locally and regionally to the challenges for the coming years, with discussions and debate focusing around the 3 Ps. 3. The NGA was attended by over 700 Mayors and Councillors (as well as a significant number of Chief Executive Officers and General Managers) hearing from a range of speakers from all sides of politics and various experts in a range of fields relating to the 3 Ps. 4. The ALGA NGA Program is attached. Discussion 5. The 2010 National General Assembly of Local Government (NGA) and the Australian Council of Local Government (ACLG), held backto-back in Canberra, saw many announcements with all parties making significant promises for the sector. 6. Encouragingly, in his address on the first day of the Assembly, the Minister for Infrastructure, Transport, Regional Development and Local Government, Anthony Albanese, pointed out that there really 250 District Council of Mount Barker Council Agenda 5 July 2010 should be a 'fourth P' as well when it comes to the federal and local government - partnership. 7. Delegates were very pleased to hear his announcement that the Government was providing $250,000 to ALGA to promote community awareness of our efforts to achieve change to include local government in the Constitution. The following day, a commitment from the Leader of the Greens, Bob Brown, was also received that one of the first acts of the Greens in the next Parliament will be to establish a referendum to be held on the matter. Both Andrew Robb (filling in for Tony Abbott) and the Leader of the National Party and Shadow Minister for Local Government, Warren Truss, also gave commitments to support constitutional change. 8. Warren Truss also committed to the establishment of a new program should the Coalition win government, to create a $600 million program over four years to fund the replacement of decaying and ageing bridges. Andrew Robb outlined a new direction for local government funding, indicating that the Coalition, if elected, would provide all council funding directly and would bypass the states. 9. At Friday's ACLG meeting, attended by the Mayor, the Prime Minister announced a further $100 million which will be distributed to all local councils under the Regional and Local Community Infrastructure Program. This is more money for bike paths, community facilities and other important investment at the local level. The amount available to the District Council of Mount Barker is $65,000. This will be the subject of a separate Council meeting agenda item when further information is received from the Federal Government. Conclusion 10. The ALGA NGA provided an excellent opportunity to become informed of the national issues / actions being undertaken in relation to “the 3 Ps” and also network with Councils experiencing the same issues as the District Council of Mount Barker. 11. A further report will be brought to Council in relation to funding under the Regional and Local Community Infrastructure Program. Key Contact Kate O’Neill, Manager Governance & Business Processes, Governance & Projects: Manager or Sponsor of Project Brian Clancey Attachments 1 - ALGA NGA Program 251 District Council of Mount Barker Council Agenda 5 July 2010 252 Atatchment to Item 13.1 Attachment 1: ALGA NGA 2010 Program Monday 14 June 5.00 – 7.00pm: Tuesday 15 June 9.00 - 9.30am: 9.30 – 10.00am: 10.00 – 10.30am: 10.30 – 11.00am: 11.00-12.30pm: 12.30-1.30pm: 1.30 – 1.45pm: 1.45 – 3.00pm: 3.00 – 3.30pm: 3.30 – 4.00pm: 4.00 – 4.30pm: 4.30 – 5.00pm: 5.00 - 5.30pm: 7.00 – 11.00pm: Wednesday 16 June 9.00 – 10.00am: 10:00 – 10:30am: 10.30 – 11.00am: 11.00 – 12.00noon: 12.00 – 12.30pm: 12.30 – 1.30pm: 1.30 – 3.00pm: 3.00 – 3.30pm: 3.30 – 4.00pm: 4.00 – 4.30pm: 4.30 – 5.00pm: 7.00 – 11.00pm: Thursday 17 June 9.00 – 9.30am: 9.30 – 10.00am: 10.00 - 10.30am: 10.30 – 11.00am: 11.00 – 11.30am: 11.30 – 12.45pm: 12.45 – 1.00pm: Welcome Reception Opening Ceremony Prime Minister, the Hon Kevin Rudd MP (invited) Keynote Address - Kerry O'Brien, 7:30 Report MORNING TEA 2010 Federal Election – The Inside Story LUNCH Population Introductory Address - Professor Peter McDonald Population Debate AFTERNOON TEA Population Debate (continued) Minister for Climate Change, Senator the Hon Penny Wong Population Debate (continued) Local Government Minister, The Hon Anthony Albanese MP DINNER – THE GREAT HALL, PARLIAMENT HOUSE Constitutional Reform Update Leader of the Greens, Senator Bob Brown MORNING TEA Women in Politics Debate & Book Launch, facilitated by comedian and commentator Wendy Harmer. Economic Risk Management Approach to Climate Change Adaptation, Department of Climate Change, Ian Carruthers, First Assistant Secretary, Department of Climate Change LUNCH Concurrent Sessions: * Fit for the Future * Abandon or Adapt * Not in my backyard AFTERNOON TEA Productivity and Participation Introductory Address, Professor Andrew Leigh, Professor at the Research School of Economics at the Australian National University Participation Debate Parliamentary Secretary for Disabilities and Children's Services, The Hon Bill Shorten MP DINNER – CONVENTION CENTRE Productivity and Participation Debate Leader of the Nationals, The Hon Warren Truss MP Mike Kaiser, Principal Government Relations and External Affairs, National Broadband Network Company (NBN Co) MORNING TEA Leader of the Opposition, The Hon Tony Abbott MP Productivity and Participation Debate Closing Address District Council of Mount Barker 13.2 REPORT TITLE: Council Agenda 5 July 2010 2010 LOCAL GOVERNMENT ELECTIONS DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 20/030/011 Purpose To provide information to the Council and community in relation to the 2010 Local Government Elections. Background 1. Councils are part of the democratic framework of Australia. In South Australia the community elects their Council Members every four (4) years. 2. The next elections for all South Australian Councils will be held in November 2010. 3. The specific requirements for conduct of the elections are set out in the Local Government (Elections) Act 1999, which was amended in 2009. 4. The Returning Officer (the Electoral Commissioner) is responsible for the conduct of the Local Government elections. The Returning Officer may, after consultation with the Local Government Association conducted in such a manner as the Returning Officer thinks fit, arrange advertising for the purposes of: informing electors on access to information relating to candidates; encouraging voting at elections; informing electors about postal voting and the method of voting; and advising eligible electors of the requirement to apply to be enrolled on the voters roll. 5. Councils are responsible for the provision of information, education and publicity to promote participation in the electoral process, to inform potential voters about candidates and advise outcomes of the election. 6. Key Dates for the 2010 Local Government Elections: Friday, 13 August 2010: Voters Roll Closes Tuesday, 7 September 2010: Nominations to stand as a candidate OPEN (12noon) Tuesday 21 September 2010: Nominations to stand as a candidate CLOSE Monday 25 - Friday 29 October 2010: Ballot Packs sent to enrolled voters (5.00pm) Friday 12 November 2010: Voting closes (completed ballot forms must be lodged and received by Electoral Officers) 253 District Council of Mount Barker Council Agenda 5 July 2010 Discussion 7. An internal “Elections Project Team” has been established to coordinate the 2010 Local Government Elections for the District Council of Mount Barker. 8. The Project has been established, to work in consultation with the Electoral Commissioner and Local Government Association, to undertake work in relation to: Voters Roll; Nominations; Communications & Promotions; Induction; and Project Management. 9. Current initiatives being developed / progressed by the Project Team include: Preparation of the Voters Roll; Candidate Information Kits; Candidate Information Sessions; and Induction Program and Timeframe. 10. Voters Roll: Recent amendments to the Local Government (Elections) Act 1999, removed some of the previous automatic enrolment provisions to the Voters Roll. Ratepayers who are not on the State Electoral roll and wish to vote in Council elections now need to apply for inclusion on the Council voters roll before each periodic election. This means that all residents not on the State Electoral roll; including non-Australian citizens, a sole owner who lives outside the area but owns property in the Council area, a sole occupier who occupies property in the Council area as a tenant but does not live at that property, bodies corporate and groups of persons are no longer automatically included on the Council Voters Roll and instead need to apply for voting entitlements. Additionally bodies corporate and groups need to nominate a designated person who will vote (and/or nominate as a candidate) on their behalf. The Act now also specifies that each elector can only vote once for an Area or Ward election but is entitled to vote in more than one Ward election if they have rateable property in those Wards. All affected persons have been written to and provided with the relevant forms. Forms can also be found on the Council’s website www.dcmtbarker.sa.gov.au, with further information available from the Council’s Rates Department on (08) 8391 7200. General awareness to the community will also be achieved through other Council communications, such as rate notices and advertisements in the Courier. 254 District Council of Mount Barker 11. Council Agenda 5 July 2010 Candidate Information Sessions & Kits: Candidate Information sessions will be held in each of the Wards in the first week of nominations. Sessions will provide prospective candidates with information in relation to electoral requirements and what it means to be a Council Member at the District Council of Mount Barker. Candidate Information Kits are also being prepared with relevant information from the Electoral Commission of South Australia and the Local Government Association. These Kits will be available at the Candidate Information Sessions and Customer Service Centre at the Local Government Centre, at 6 Dutton Road, Mount Barker. Information will also be placed on the Council’s website. Location and timing of the Candidate Information Sessions will be published on the Council’s website and Courier newspaper closer to the opening of Nominations. 12. Induction Program and Timeframe: An Induction Program and Timeframe will be developed and provided to Council prior to the opening of nominations and the community. This information will also be made available on the Council’s website and Candidate Information Sessions and Kits. Conclusion 13. This report provides information to Council and the community in relation to activities being undertaken in relation to the 2010 Local Government Elections. Key Contact Kate O’Neill, Manager Governance & Business Processes, Governance & Projects: Manager or Sponsor of Project Brian Clancey Attachments None 255 District Council of Mount Barker 13.3 Council Agenda 5 July 2010 REPORT TITLE: 256 FREE ELECTRONIC (E-WASTE) RECYCLING DAY DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 44/080/048 Purpose: To inform Council of the popularity and results of the E-Waste recycling day held on Saturday 27th March, and; To inform Council of a doubling of the grant provided by Zero Waste SA in recognition of the popularity of the recycling day, from $6,000 to $12,000 each for the District Council of Mount Barker and the Rural City of Murray Bridge. Background: A once off free recycling day for residents to help reduce the amount of preexisting e-waste in the District Council of Mt Barker was conducted on Saturday 27th March 2010 at Windmill Hill Transfer Station. Residents were able to dispose of televisions; monitors; desktops; laptops; printers; photocopiers; keyboards, mouse etc; scanners; fax’s; mobile & landline phones; projectors; electronic games; CD’s, DVD’s and tapes; cameras; DVD & video players; speakers and sound equipment. Discussion: 1. The Council E-waste recycling day conducted on Saturday 27th March far exceeded expectations. The service was well received by residents with 618 Televisions 542 Computer monitors 408 Computer towers being dropped off on the day. 2. E-waste was transported by All Bulk Waste to E-Cycle Recovery at a cost of $4,477.25 + GST.. E-Cycle Recovery then disassembled and recycled the electronic equipment in an environmentally responsible manner, eliminating waste to landfill. E-Cycle Recovery reported receiving 36,070 kg of material which was processed @ $0.70 per kg ($25,249 + GST). Total transport and processing costs All Bulk Waste E-Cycle Recovery Less original + additional grant funding Total Cost to Council $ 4,477.25 + GST $25,249.00 + GST - $12,000.00 + GST $ 17,726.25 + GST District Council of Mount Barker Council Agenda 5 July 2010 3. Zero Waste SA (ZWSA) have acknowledged that householders have responded positively to council e-waste collections with high participation rates and large quantities collected. ZWSA is aware that in many instances the total amount of e-waste collected exceeded the tonnage originally estimated and that some Councils are now faced with meeting the additional disposal costs well above the amount granted by ZWSA. 4. ZWSA has increased the financial support for this financial year, and will match the original grant for all recipient councils that have already conducted or have scheduled an e-waste collection in 2009/10. This effectively doubles the original grant amount from $12,000 to $24,000. for the joint application between District Council of Mount Barker and Rural City of Murray Bridge. The additional grant funds will be used to off-set costs associated with the e-waste collection day. : 5. An amended grant agreement together with a interim report has been forwarded to ZWSA to obtain the grant funds by the end of the 2009/10 financial year. 6. ZWSA will be collating data received by all participating Councils of the free E-Waste recycling days and a further report based on the ZWSA findings will be presented to Council with recommendations for the future of E-Waste recycling within the District Council of Mount Barker. Key Contact Terri Sawyer - Environmental Project Officer Manager or Sponsor of Project Norm Key – Acting Manager Council Services Attachments nil 257 District Council of Mount Barker 13.4 REPORT TITLE: Council Agenda 5 July 2010 CUSTOMER SERVICE FRAMEWORK PROJECT UPDATE DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 32/010/064 Purpose: To update Council on Customer Service Framework Project Background: 1. Task 1, 2 and 3 of the Customer Service Framework project have been completed. Refer Attachment 1 GANNT chart. 2. During the Customer Service Training and Workshops, key issues were identified by staff as barriers to effective Customer Service Delivery. Refer Attachment 2 “Feedback from Focus Groups” provided by PKF Consulting. 3. Use of voice mail, phone answering standards, consistent standards in regards to service levels, refinement and more effective use of Customer Request Management (CRM) system, and standards for dealing with Community were the most common points of discussion. 4. Project Plans that address these priorities and have been endorsed for progress by Corporate Governance Group (CGG). 5. CGG have requested that a draft Customer Service Charter be completed by November, which should result in this particular project deliverable date moving from June 2011 to February 2011, subject to consultation with Council members and staff. Discussion: 1. The Comparative Performance Measurement Community Survey has been completed and once results have been provided, a separate information report will be forwarded to Council. These results will provide a baseline performance to measure against for future Community Surveys. 2. A Customer Service Reference group is currently being formed to establish key points for the Customer Service Charter. 3. The CRM process is being refined and will establish Service Level Agreements within categories, in consultation with relevant business units. Exception reporting will be provided to Managers to progress CRM items that have not met the agreed Service Level Agreements. 4. Service standards for phone answering have been drafted for review and consultation. 258 District Council of Mount Barker Council Agenda 5 July 2010 5. Council Customer Service staff are participating in a one day workshop in July that will deliver service standards for the front counter and switchboard to compliment the phone answering standard for Council Key Contact Natalie Rowland, Manager Customer Services, Council Services Manager or Sponsor of Project Natalie Rowland, Manager Customer Services, Council Services Attachments 1. Update Customer Service Framework Project GANNT Chart – colour coded areas are current projects in progress. 2. Feedback from Focus Groups – PKF Consulting. 259 22-Oct-10 11-Oct-10 11-Oct-10 11-Oct-10 06-Dec-10 10-Jan-11 1-Feb-11 04-Feb-11 07-Feb-11 18-Feb-11 23-Feb-11 23-Feb-11 28-Feb-11 18-Mar-11 28-Feb-11 11-Mar-11 21-Mar-11 ongoing 2 weeks 2 months 2 months 1 month 2 weeks 1 week 2 weeks ongoing ongoing ongoing 3 weeks 2 weeks ongoing 08-Oct-10 10-Jan-11 21-Jan-11 06-Dec-10 6-Dec-10 03-Sep-10 27-Sep-10 04-Oct-10 25-Aug-10 20-Aug-10 1 week 09-Aug-10 2 weeks 31-Jul-10 06-Aug-10 23-Aug-10 06-Sep-10 02-Aug-10 1 week 2 weeks 3 weeks 31-May-10 2 months 30-Jun-10 31-May-10 25-Aug-10 01-Apr-10 1 day 01-Apr-10 2 months Start Date Finish Date 1-Mar-10 31-Mar-10 1-Mar-10 31-Mar-10 3 months Duration 1 month 1 month * Council reports to be developed as required throughout the life of the project 8 Launch of Customer Service Framework Concept Development of a staff survey by CSRG (with 9 external consultant) to obtain further datat 10 Collation and report of survey Report to CGG from CSRG re: Staff Survey 11 Outcomes Roll out of Intermediate Targeted Customer Service Training to specific staff - Library 12 Customer Service FSvcs (direct contact) Assessment of BEF and QSF measurement / 13 reporting tools Development of Basic Customer Service Level 14 Agreements (target areas for first 12 months) Development of Customer Service 15 Policy/Charter/Procedure 16 Staff consultation period Final Policy/ Charter / Procedure to CGG for 17 endorsement 18 Training of Senior and Middle Management 19 Launch of Customer Service Framework 20 Training of All Staff 21 Development of KPIs for Management and Staff 22 Development of ongoing Action Plan Review Process - External Service Satisfaction 23 Survey Maintenance of Customer Service Reference 24 Group Continued development of Service Level 25 Agreements specific to individual business units No Task Name 1 Basic Customer Service Training 2 Customer Service Focus Groups Review / Benchmarking of current Customer 3 Service Process Review of current CRM and TRIM system - usage, 4 procedures, efficiency options Review / Benchmarking of current Service Level 5 Agreements Recommendations Report to CCG including 6 outcomes of benchmarking Development of Customer Service Reference 7 Group Project Name: Customer Service Framework Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10 Jan-11 Feb-11 Mar-11 Apr-11 May-11 Jun-11 2011-2012 2012-2013 District Council of Mount Barker Council Agenda 5 July 2010 260 Atatchment 1 to Item 13.4 District Council of Mount Barker Council Agenda 5 July 2010 261 Atatchment 2 to Item 13.4 District Council of Mount Barker Council Agenda 5 July 2010 262 District Council of Mount Barker Council Agenda 5 July 2010 263 District Council of Mount Barker Council Agenda 5 July 2010 264 District Council of Mount Barker Council Agenda 5 July 2010 265 District Council of Mount Barker Council Agenda 5 July 2010 266 District Council of Mount Barker Council Agenda 5 July 2010 267 District Council of Mount Barker 13.5 Council Agenda 5 July 2010 REPORT TITLE: OUTSTANDING REPORTS TABLE DATE OF MEETING: 5 JULY 2010 FILE NUMBER: 10-030-003 Purpose To provide a progress report on outstanding recommendations from the Council as determined by resolution of Council, and the status of those reports. Background At its meeting held 19 April 2010, Council resolved that the first Council Meeting of the month Agenda include a table listing outstanding reports required, as determined by resolution of Council, and the status of those reports. The attached table indicates the progress of outstanding reports. Key Contact Sue Miller, Executive Assistant to CEO and Mayor, Chief Executive’s Office Manager or Sponsor of Project Andrew Stuart, CEO Attachments Outstanding Reports Table, as at 30 June 2010. 268 7.1 19.1 66.1 71.4 73.2 2009 08 17 2009 12 21 2010 01 18 2010 01 18 Proposed Sale of the Haines Road Reserve Public Art Policy Council Land adjacent to St Frances De Sales College Council Land – Meadows Bowling Club & Recreation Grounds Future Lease Arrangements for Crystal Lake Camp of Minute Topic No 2009 07 20 Date Meeting Reports arising from Resolutions of Council Responsible Officer That Council endorse the Public Art Peter Policy noting that Council will be McGinn presented with a further report in relation to the makeup of the Public Art Trust. 3. Note the requirement of the Ross Mallett Surveyor-General that the c) Consideration by Council of a David Ninio further report to determine the sale or otherwise of the subject land. 6. Note that further reports be Phil Burton/ prepared for Council in terms of Bill Graham progressing the rededication process and calls for expressions of interest for future land use activity. 2.Note that upon receipt of further Ross Mallett information requested by Council from the Land Management Corporation, on behalf of the DECS, a further agenda Item will be prepared for Council’s consideration. Action Road closure being processed as no Recreation Association has lodged a Master Plan. Marc V conducting a community needs study/ LMC/DECS purchase interest continues. Minister’s Office has advised that is has been referred back to the Dept with a request for further information (again) from council. Information has been prepared for signature by CEO. Draft report prepared for GM review. Report proposed to Council 19 July 2010 Progress to Date Due Date/ Actioned Date Last Update: 24 June 2010 District Council of Mount Barker Council Agenda 5 July 2010 269 77.2 82.1 2009 02 16 Action Responsible Officer and Development of the amendments made to the road Crown Reserve process proposal for the Haines Road Reserve will require a readvertisement of the amended proposal and authorize the Chief Executive Officer to undertake this and – a. submit a further report to Council with any representations or objections or if no representations or objections are received to make a road process order in respect of the closure of the Haines Road Reserve… Electronic e-waste Note that a subsequent report will be Norm Key recycling submitted to Council based on information collected on the free recycling day to determine whether an ongoing fee for service program should be implemented at the transfer station. Dog Free Areas and Resolves under By Law No. 5 Terry Dogs on Leash Paragraph 2 to declare the following Nicholas parks as Dog Free Areas where dogs will not be permitted unless exempted by a permit issued by Council for specific events: That a subsequent Report be provided to Council after the expiry of Minute Topic No 2010 02 01 Date Meeting Reports arising from Resolutions of Council Awaiting introduction of new By-Laws in September prior to reviewing dog free areas and dog on leash areas. Completed - Report to Council 5 July 2010. objections received – awaiting road process order. Reclassification of Crown Reserve has been acknowledged by Dept Environment & Heritage. Process will continue when road closure has been finalised. Progress to Date Due Date/ Actioned Date Last Update: 24 June 2010 District Council of Mount Barker Council Agenda 5 July 2010 270 103.5 113 118.6 125.6 125.8 2010 05 03 2010 05 03 2010 05 17 2010 05 17 Proposed demolition of Flaxley Road toilets Hahndorf Academy Update Community Consultation on proposed sale of former Callington CFS station Dunn Park Playing Surface Draft Memorandum of Understanding for NRM of Minute Topic No 2010 04 06 Date Meeting Reports arising from Resolutions of Council Bill Graham David Cooney Greg Sarre Responsible Officer 10. Council determines that the Bill Chandler tenant(s) rental fees and the repayment of the current debt owed to Council by the Hahndorf Academy Foundation be delegated to the Chief Executive Officer to negotiate as part of the new lease agreement which will be the subject of a further report to Council in accordance with Section 202 of the Local Government Act. Item deferred at Council meeting S. Watson 17/5/10. of 12 months detailing the impact of the introduction of the controls and recommending any change. 3. Note that once the agreement is developed it will be brought back to Council for endorsement. Report to Council as to why Dunn Park has been deemed unfit as a playing surface. 2. Notes that, following the conclusion of community consultation a further report will be presented to Council. Action Awaiting further evaluation on existing Community consultation closes 30 June. Evaluation of feedback will be undertaken and a report to council for 19 July. Proceeding negotiation with Hahndorf Academy Waiting on the LGA to progress on behalf of regional Councils. Completed. Progress to Date 21 June 2010. Due Date/ Actioned Date Last Update: 24 June 2010 District Council of Mount Barker Council Agenda 5 July 2010 271 130.1 131.1 131.3 131.4 135.2 135.3 2010 06 07 2010 06 07 2010 06 07 2010 06 21 2010 06 21 Roads Opening & Closing – Unmade road off Phillip Hill Rd, Paris Creek Dunn Park C-PREP Stage 2 Urban Art Project Proposed Tree Removal on Bald Hills Road Town Centre Strategy – Community Consultation of Minute Topic No 2010 06 07 Date Meeting Reports arising from Resolutions of Council Responsible Officer That the continuity of the mural be reviewed as part of the implementation of the Keith Stephenson Park Master Plan. Wait for the outcomes of the LGA metropolitan pilot project before considering further involvement The ongoing expanded use of Dunn Park be reconsidered by Council pending the completion of the recreational needs review and the Stephenson Land review, anticipated July 2010. 1. proceed with the Roads Opening & Closing Act process as a means to realign property boundaries… B Chandler D Cooney G. Sarre N. Rowland Community Engagement to be B. Chandler undertaken as part of the Mount Barker Town Centre review; and to be undertaken by DCMB to inform and educate the community in relation to MDPA. That Council defer consideration of M. Dawkins this item until a risk assessment of the original design is carried out in relation to the proposed change. Action In progress in accordance with process. Results of the Pilot project are expected mid 2011 Awaiting submissions from user groups. Design options being considered. Third party review to consider safety risks and freight route viability. facilities. Commenced. Progress to Date Due Date/ Actioned Date Last Update: 24 June 2010 District Council of Mount Barker Council Agenda 5 July 2010 272 District Council of Mount Barker 14. Council Agenda 5 July 2010 RECOMMENDATIONS FROM ADVISORY COMMITTEES NIL 15. QUESTIONS ARISING FROM COUNCIL MEETING 16. CONFIDENTIAL REPORTS NIL 273