The District Council of Elliston

Monday 25th January 2010

Elliston Council Chambers

The District Council of Elliston

Date: 25 January 2010 Time: 9.30am Venue: Elliston Council Chambers

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ROB GREGOR Chief Executive Officer

AGENDA 9.30am 1. Welcome

2. Public Question Time

9.40am 3. Apologies

9.45am 4. Confirmation of Minutes That the minutes of the Ordinary Meeting held on 21 December 2009 as circulated and tabled in the minute book be taken as read and confirmed.

9.50am 5. Conflict of Interest Elected Member and Officers Declaration of matters that may constitute Conflict of Interest, in relation to the Agenda business of this meeting.

6. Business Arising from Minutes Rates Exemption Request That Council authorise the write off of rates amounting to $269.10 on Assessment Number 93 70435504, being allotment 3 Railway Terrace, Lock due to the property being exempt from rates pursuant to the Railways (Operation & Access) Act 1997. 195.2009 That the motion lay on the table, until further investigation on use of the land is undertaken.

Cr Hancock /Cr Hitchcock CARRIED

TV Tower Fund update 437.2009 That the Council authorises the CEO to respond to Mrs Cooper’s enquiry with the information from the agenda and the Council instructs the CEO to arrange the necessary calculation to refund the balance of accumulated TV Reserve Fund based on pro-rata of each individual’s contribution and conduct a postal survey among Elliston resident in order to understand their preference on whether:-

1) The resident (users) shall opt for refund of accumulated TV Tower Reserve fund. 2) The resident shall agree to close down of Bramfield TV Tower Operation from next Financial Year.

The Council directs on the Survey methodology and suggests the following points:-

1) Survey letter should go to TV Levy payers only. 2) Methods of the Survey – By Post. 3) Draft survey to be presented in the Council meeting.

Cr Hancock / Cr Seaman CARRIED

7. Rescinding of Resolutions Nil

8. Motion with Notice

10.00am 9. Environmental Development Assessment Manager Report Information and Action

- Delegated Powers - Ministerial Development Plan Amendment – Bushfire Code - Licence Agreement – United Christian Broadcasters - Council Toilet & Infrastructure Assessment Report - Sale of Properties for Outstanding Council Rates - Recommendation for Section 90 Briefing

Information Only

- Assessment Report for the Elliston Community Information Centre Public Toilets

- Venus Bay Caravan Park Complaint - United Group – Telstra Corporation Limited - Minister for Urban Development & Planning - Genesee & Wyoming – Lt 3 Railway Tce Lock - Mount Camel Staircase - New Development Application Forms

That the Environmental Development Assessment Manager’s Report as printed in the Agenda, circulated and tabled be accepted

10.30am 10. Morning Tea

11.00am 11. Works Co-ordinator Report Information and Action

- Letter received from Lock Area School Governing Council regarding a tree lopping program in Lock

Information Only - Letter of appreciation received from Lock Police - Bramfield TV Tower - Walkers Rocks water supply - Fire Prevention - EPLGA Road Funding Submission - Lock Footpaths - Venus Bay Jetty Light - Letter to Dean Stevens thanking him for assistance with Fire

Prevention Officer activities - Letter received from EPA requesting information regarding Elliston

Transfer Station application - Letter received from MK & BA Sheridan regarding Tooligie Road - Commodity Routes - Emergency Road Repairs - Special Thanks - Correspondence / Letters

Reports

Road Construction Expenditure - Resheeting

Road Maintenance – Grading & Other Flood Damage R2R Projects RLCIP Projects That the Works Co-ordinator Report, as printed in the Agenda, circulated and tabled, be accepted

11.30am 12. Corporate Services Manager Report Information and Action

- Port Kenny Street Naming Information Only

- Mt Wedge CFS Shed - Budget overrun for Bascomb Well Road - Audit Committee Minutes - SA LG Grants Commission - Message from the LGA President – Mayor Felicity-Ann Lewis - Elliston Area School Acquittal Form – Woolshow 2009

Financial Reports

- Monthly Income Statement and Balance Sheet - Monthly Income and Expenditure by Function - Community Support Register

That the Corporate Services Manager Report, as printed in the Agenda, circulated and tabled, be accepted.

12:00pm 13. CEO Report Information and Action

- Letter from Mrs W Walladge – Water runoff For Information Only

- DC Elliston Fire Prevention Activities: - Venus Bay Caravan Park - Coastal Facilities – Risk Audit: - Regional Development Australia (RDA) – proposed Funding

Agreement: - Port Kenny – Proposed brackish water desalination trial: - Lone Graves Project - Lock and Districts Swimming Centre (LDSC) – request for OHS

assistance; - Complaint regarding the Lock & Districts Heritage Museum survey

methodology: - Two items relating to Waste Collection; - Mrs L Penfold – member for flinders – speech: - NRM – Annual Business Plan Review:

That the CEO Report, as printed in the Agenda, circulated and tabled, be accepted.

12.30pm 14. LUNCH BREAK

1.30pm 15. CEO Report Con’t

2.00pm 16. Chairman’s Report

17. Petitions: Nil

18. Tenders: Nil

2.15pm 19. Questions with Notice

20. Questions without Notice

21. Other Business

22. Date of Next Meeting

2.45pm 23. Closure

The District Council of Elliston

Environmental Development Assessment Managers Report

To Council Meeting

25th January 2010

Delegated Powers Moved Cr. xxx, Seconded Cr. xxx that the development applications as approved by the Environmental & Development Assessment Manager, in accordance to Section 20 of the Development Act, 1993 as amended, be ratified by Council.

Development Application Number

Applicant Address Development

933/057/09

A McLeod 29 Beach Tce, Elliston SA 5670 Proposed Pharmacy & Disabled Ramp

933/060/09 (s)

R & M Dudley Lt 32 West Tce, Elliston SA 5670 Waste Water Treatment Plant

933/061/09

P Van Poorten & D Hoad

Lot 35 Beach Tce, Port Kenny SA 5671

Backfill of Allotment

933/066/09 (s)

A & S McComb Lot 140 Ocean View Rd, Venus Bay SA 5607

Waste Water Treatment Plant

933/070/09

W & E Scott 1 Parndana St, Elliston SA 5670

Above Ground Swimming Pool

933/036/09 Access Planning – Optus Mobile

Lot 91-94 Hd of Wright Pt Kenny SA 5671

Optus Telecommunications Tower & Associated Facilities

933/068/09

Kookaburra Homes – G & K Rumbelow

Lt 112 Beach Tce, Elliston SA 5670 Tourism Accommodation

933/002/10 ABB Grain Ltd (Viterra) Lt 1 Railway Tce, Murdinga SA Advertising Signs 933/003/10 ABB Grain Ltd (Viterra) Lt 1 Railway Tce, Lock SA 5633 Advertising Signs 933/004/10 ABB Grain Ltd (Viterra) Sec 325 Silo Rd, Elliston SA 5670 Advertising Signs

FOR INFORMATION & ACTION

Ministerial Development Plan Amendment – Bushfire Code

The Minister for Urban Development & Planning has prepared a Development Plan

Amendment (DPA) to establish a more obvious link between Development Plan policy and

the Minister’s Code: Undertaking Development in Bushfire Protection Areas (the Bushfire

Code).

The new DPA seeks to include a new policy requiring development for land divisions,

dwellings, tourism accommodation and other habitual buildings proposed in a Bushfire

Protection Area. All future development within this zone will to be assessed against the

provisions which are now included in the new Bushfire Code.

The DPA will be on ‘Interim Operation’ for 12 months from the start of the Public Consultation

Process (10/12/09 until 17/02/10). The interim Operation is used when the Minister

considers that it is necessary in the interests of orderly & proper development.

The preparation of this document was due to the 2009 Victoria Bush Fires.

However, changes to the policy can occur after the consultation period if they are consider

appropriate.

The Policy and the Consultation Pack can be obtained from the front Counter of the Council

Office or on the Planning SA website. I have included a copy for Councillors to peruse with

this agenda.

Recommendation: The Elliston Council Area does have a high risk bush fire area within its

Development Plan, I strongly recommend that you agree to adopt the proposed MDPA as

presented.

Licence Agreement – United Christian Broadcasters

The Licence Agreement between United Christian Broadcasters and Council has been renewed for the use of Bramfield Tower for the 09/10 financial year and Council has received all outstanding Licence Fees. Recommendation: That Council directs the Chairman and Chief Executive Officer to sign the Agreement and affix the Common Seal of the District Council of Elliston.

Council Toilet & Infrastructure Assessment Report

Please find attached the District Council of Elliston Infrastructure Assessment Report which

was originally requested by the Council to be undertaken by EDAM to gain an insight into the

life expectancy of Council property and to assist with the budget process. Due to unforeseen

circumstances the report was originally completed in July 2007 however has been updated in

December 2009 and January 2010.

As this is a very lengthy document I suggest Councillors read this document at their leisure

and if you require further clarification then please contact Joss or Joanne.

Recommendation: That Councillors peruse this document and determine how they wish to

implement the suggested recommendations for the 2010/2011 budget.

Sale of Properties for Outstanding Council Rates Under Section 184 of the Local Government Act 1999, Council has the right to sell a property if the rates for that property have been in arrears for three years or more. Currently, Council has a resolution in place to issue a Warrant of Sale on two properties within the district due to the Council Rates being in arrears and has a reserve price set. However, the current resolution will need to be rescinded as the Sherriff’s Office is responsible for setting the reserve price before the auction on behalf of Council. The outstanding amounts for both properties have been with the debt collection agency since July 2008. Recommendation for Section 90 Briefing That the Council orders the public to be excluded, with the exception of serving Councillors and senior administration staff (CEO and DCEO & CSM & EDAM & Rates officer) to remain in the room during consideration of the items being presented on the basis that it will receive, discuss and consider information by way of reports in relation to matters of a confidential and commercial business nature, a Solicitors briefing and other matters that may result in future legal action. The Council is therefore satisfied that the principle that its meetings should be conducted in a place open to the public has been outweighed in relation to these matters by the need to keep the discussion, the reports, the briefing and supporting documentation confidential on the basis that it concerns sensitive and commercial in confidence material, therefore the briefing is to be undertaken utilising the provisions of Section 90 (2) of the Local Government Act 1999.

INFORMATION ONLY Assessment Report for the Elliston Community Information Centre Public Toilets

� Since the development of the Elliston Community Information Centre (ECIC) the patronage has increased dramatically and the monthly average of patrons according to the ECIC annual report for the 2008/2009 financial year is 22 persons per day. This equates to approximately 8030 people per year, therefore the average use of the public toilet system has increased considerably and the present system is inadequate for the number of users.

� The Biochemical Oxygen Load (BOD’s) for a Hall Public Toilet is 13 grams per person (highest daily number) this information assists in determining the size of the aerobic waste water treatment system required for the ECIC (13g x 22 persons = 286 grams BOD per day).

� The formula for calculating the size of a waste water treatment plant and septic system with a soakage trench are according to the Dept of Health standards and are as follows:

SUMMARY

Due to the complexities of effluent / treated effluent

disposal from the proposed new system, we have to

consider the natural water cause i.e. Elliston Samphire

Swamp and therefore we are unable to provide a final

report, this will hopefully be provided sometime in the

near future.

Venus Bay Caravan Park Complaint

Please find attached an email from a traveller in Western Australia who stayed at the Venus

Bay Caravan Park over the Christmas period and the returned response from EDAM in

regards to the amenities and facilities and the parks occupancy rate.

United Group – Telstra Corporation Limited

Please find correspondence in regards to the rates and service charges which have been

applied to Telstra’s assessments. The rates for the property have been paid in full and

Council receives the same correspondence every year in regards to the organisation

challenging the validity of the imposition of the rates.

Minister for Urban Development & Planning

Please find attached the media release from Minister Holloway in regards to establishing a

committee to ensure that state significant developments are not held up unnecessarily by the

bureaucratic delays. Genesee & Wyoming – Lt 3 Railway Tce Lock

Please find attached an email which has been sent to Genesse & Wyoming in regards to the

rate exemption that is in the business arising from minute’s section of the agenda.

A reply has been received from Genesse & Wyoming and they are looking at surrendering

the property back to the Government, Council will receive further information in regards to

the assessment in the future.

Mount Camel Staircase

Please find attached a copy of the letter that has been sent to EPNRM Chairpersons,

Partnerships & Programs Committee in regards to the construction of the staircase and the

Aboriginal Heritage claim.

New Development Application Forms

The Development Application forms have taken on a new look and Council is now required to

seek more information from the applicants, this is due to the changes in the Development

Regulations with the introduction of “Better Planning for a Better Future” and now the

introduction of the “Bushfire Code”.

The Development Application forms have increased from 4 pages to 7 pages and there are

several different forms for planning consent and building consent. A Fact sheet from

Planning SA will also be included which will assist the owner / builder with the definitions of

Planning & Building Consent.

Please find attached copies for your perusal and the forms will be introduced in the New

Year, also Administration Staff will be given training on the new forms, information sheets

and booklets which need to be provided to the customer.

Recommendation: That the Environmental Development Assessment Manager’s Report as printed in the Agenda, circulated and tabled be accepted.

Joss Heinen Environmental Development

Assessment Manager

The District Council of Elliston

Works Coordinator’s Report

To Council Meeting

25 January 2010

INFORMATION AND ACTION Letter received from Lock Area School Governing Council regarding a tree lopping program in Lock Please find attached letter and response sent to the Lock Area School Governing Council regarding their request for a tree lopping program in Lock Township. Council carried out regular tree maintenance in Lock within its limits with a polesaw, however major tree surgery or removal requires tree trimming professionals. Many trees are planted to provide shade and to improve the built environment in our towns, however trees are susceptible to climatic conditions and sometimes drop limbs during weather changes. An assessment of the Councils town trees should be undertaken prior to any major lopping or removal, to determine which trees pose a hazard or have the potential to be a hazard and a costing be obtained. Action: That the trees in the Council towns are hazard assessed and a program with specific budget be put in place for those trees requiring attention to be included in the 2010/11 budget process. INFORMATION ONLY Letter of appreciation received from Lock Police Please find attached response and letter of appreciation received from B/Sgt David Bourne of Lock Police Station in regards to the quick response in erecting signage where a small fire occurred on a power-pole in Lock Main Street. Please also see attached Fax Message received from Robert Fletcher dated 6-1-2010 advising of the incident and requesting new Emergency Signage. This incident highlights the lack of resources that are available to Emergency Services and to Council in a situation where emergency road traffic management is required. Elliston Depot has a specific Emergency signage kit which includes basic traffic control signage, bollards, bunting and E-flairs. In the event of a serious incident, Council does not currently have the capacity to erect effective signage nor is it able to provide effective traffic management signs to the EMS and it has no specific equipment to carry out minor flood control, provide power supply or night lighting etc. Included in the 2010/11 budget process for Council’s consideration will be funding for basic up to date Emergency signage kits located at Lock and Venus Bay and a purpose built emergency/ recovery trailer with generator, lights, pump and signage situated at Elliston. Bramfield TV Tower A new Air conditioner was installed in the TV equipment facility located at the TV tower in November 2009, the old unit failed causing electronic equipment to overheat and disrupt TV reception.

Walkers Rocks water supply Water sampling from Walkers Rocks water supply in December showed a significantly higher bacteria level than the World Health Organisations recommended maximum levels for Recreational use (skiing and water sports). The bacteria levels from the new supply, installed by Councillor/ Landowner are significantly higher than the previous supply which was acceptable for drinking, if the present bacteria levels continue or increase it may require the closure of the shower facility. Water test holes have been established on the Flinders Highway/ Walkers intersection with authorisation from DTEI, if the water flow and quality are acceptable, an opportunity may exist to cost a closed access trench for water supply to Walkers Rocks and possibly for road maintenance use. Fire Prevention The Bramfield Regrowth Association was recently reimbursed for fire prevention activities carried out on Council verges/ parklands in Bramfield. Please find attached correspondence received from the LGA regarding CFS Press Release re Bushfire Safer Places in SA. EPLGA Road Funding Submission The Mt Wedge/ Kyancutta Road (Elliston Stock Route) has been nominated for listing as DC Elliston’s preferred choice for the next 3 years. Lock Footpaths 19 tree stumps have been removed from Lock footpaths as part of regular maintenance to improve footpath safety. Venus Bay Jetty Light Administration has advised DTEI of an inoperative light on the Venus Bay Jetty. Please refer to attached email. Letter to Dean Stevens thanking him for assistance with Fire Prevention Officer activities Please find attached letter sent to Dean Stevens in appreciation of his assistance with Fire Prevention Officer activities. Letter received from EPA requesting information regarding Elliston Transfer Station application Please find attached request from the EPA in regards to a request for further information for the development application for the Elliston Waste Transfer Station. Letter received from MK & BA Sheridan regarding Tooligie Road Please find attached letter and response sent to Mr & Mrs Sheridan in regards to the recent work carried out on Tooligie Road. Commodity Routes In answer to Councillor Hitchcock’s query regarding Permit access to Skinner Road by Mr Kelly and Heath Transport to access non commodity route roads, the following advice is provided: DTEI have advised that the permit system has now been replaced with the new Commodity Route Gazettal system and permits are no longer issued, however they will consider Gazetting small sections of road such as the 5km section of Skinner Road as a commodity route subject to Council authorisation.

The same conditions still apply to the applicant/s (Mr Kelly and Heath Transport) with regard to funding of the road assessment and upgrade, as Council deems acceptable. Official confirmation has been requested from DTEI and will be updated to Council once received. Emergency Road Repairs Contractors completed patching and wet grading on blowout areas in January 2010 to White Well Road, Zerk Road and severe damage to Skinner Road from unauthorised road train use. Prolonged road train use on the Southern part of the Hundred Line Road has been observed with some operators completely avoiding the bitumen highway from Tooligie Road all the way through to the Birdseye Highway. No part of the southern Hundred Line Road is gazetted for road train use. Special Thanks I would like to acknowledge the valuable assistance of Tony Huntingford in the ongoing maintenance of the Elliston parks and gardens, especially over the holiday period. Tony’s duties extend from mowing, toilet maintenance and waste management to safety inspections and cleaning and his town pride shows in his efforts. Thank you, Tony. Road Program January 2010 Gantt chart attached. Please find attached further rubble test results from a rubble sample from Green’s pit on Nowhere Else Road. NB: Council has already authorised the use of rubble from this pit during its November 2009 meeting. Reports Attached Road Construction Expenditure

- Resheeting Road Maintenance – Grading & Other Flood Damage Road Repairs R2R Projects RLCIP Projects Expenditure Letters and Correspondence Letter From: Lock Area School Governing Council Regarding: Tree lopping program in Lock Township Response: Letter attached Letter From: Mr Denis Best Regarding: Fire Prevention Response: Letter attached Letter From: EPA Regarding: Request for further information re Elliston Waste Transfer Station application Response: Nil required Letter From: MK & BA Sheridan Regarding: Tooligie Road Response: Letter attached Recommendation: That the Works Coordinator’s Report as printed in the Agenda, circulated and tabled be accepted.

Wayne Scholz Works Coordinator

The District Council of Elliston

Corporate Services Manager Report

To Council Meeting

25th January 2010

ACTION ITEMS Port Kenny Street Naming Unfortunately, there was an error in the minutes from last meeting and “Sunny Street”, suggested by the Port Kenny School for the un-named street at Port Kenny was not adopted. Recommendation: That Council resolves pursuant to Section 219 of the Local Government Act 1999, to assign the following name, being Sunny Street to the un-named street within Port Kenny township as designated in the map contained in the Relieving Deputy Chief Executive Officer’s Report for the September 2009 Council Meeting. In addition, Council authorise the purchase and erection of the street sign for the newly named street. Financial Reports:

• Monthly Income Statement and Balance Sheet. • Monthly Income and Expenditure by Function. • Community Support Register

Recommendation: That the Financial Reports which compare Actual with Budgets for the period to 31 December 2009 and the Community Support Register, be received. INFORMATION ONLY Mt Wedge CFS Shed Please find attached Echelon Claims Service’s (Council’s insurers) response regarding the SAFECOM’s claim on the Mt Wedge CFS shed damage after the storm on the 21st September 2009. Echelon has rejected their claim as they believe this asset was transferred to ESAU (Emergency Services Administration Unit). I have also attached Council’s advice to SAFECOM. Budget overrun for Bascomb Well Road As per the previous query on the budget overrun of Bascomb Well Road, administration are currently investigating and an update is expected to be provided at the meeting. However, it is likely due to most of the costs for that road being allocated to the 09/10 financial year as Bascomb Well Road was started at the end of the 08/09 financial year and completed in 09/10. Audit Committee Minutes Please find attached a copy of the minutes from the audit committee meeting held on the 15th December 2009. The committee adopted their Terms of Reference and a work program for the next 12 months. SA LG Grants Commission Please find attached the LG Grants Commission newsletter which highlights their areas of methodology which are currently being reviewed plus general information Message from the LGA President – Mayor Felicity-Ann Lewis Attached is latest message from the LGA president Elliston Area School Acquittal Form – Woolshow 2009 I have received the acquittal form from the Elliston Area School and they have acknowledged the Council’s support in their posters Corporate Services Manager Report Recommendation: That the Corporate Services Manager Report as printed in the Agenda, circulated and tabled be accepted.

Kuntal Goswami

Corporate Services Manager

District Council of Elliston

Chief Executive Officer's Report

To Council Meeting

25 January 2010

FOR INFORMATION AND ACTION Letter from Mrs W Walladge – Water runoff: I have attached a letter of complaint from Mrs Walladge who contends the previous Council removed a culvert that used to cross under Matson Terrace (then apparently through the Venus Bay Caravan Park) during its construction of the sealed road and once the roadbed was raised, the water from her allotment then had no escape path. I discussed all of the following with Mrs Walladge by phone and it was a constructive conversation, however, I do not believe they are likely to retract their claim; therefore I am tabling the following information to the Council so that it may provide me with further direction on the matter. Background: In January 2006, during very heavy thunderstorms, Venus Bay experienced flooding in a number of areas. The causes were:- - Council drains blocked from sand being scoured off the escarpment. - Inadequate private rainwater storage on many private properties caused stormwater

overflow and the subsequent sand scouring then contributed to the blocking of drains In many instances, inadequate diversion of storm water from private properties also caused flooding across lower allotments

- A number of streets lacked proper water tabling which exaggerated the problem Actions taken;

- Council drains were cleaned - levees developed across the Southern escarpment - large rock filled drainage sumps installed - New water tabling and new drainage was added over a 3 year period - Advices were recently provided by EDAM to residents regarding their duty to

properly dispose of storm water from their properties First letter of complaint: During progress of this work, a letter of complaint was received from the Walladge’s which blamed the Council for the local ponding of storm water on their property and a Council contractor then undertook a survey of the levels in the vicinity of this property and in summary, his report advised:

- The Walladge property had been built many years ago and in a natural hollow (it is the lowest point in the area)

- The occasional flooding was primarily caused by water flowing from neighbouring properties and very little was coming via the Council system.

So far as the request from the Walladge’s for Council to reinstate the culvert: • Boring back under the sealed road and then providing a culvert along the Caravan

Park boundary or through to the Park to the sea is feasible but will have a substantial cost.

• Making a local access point to the Council drain is also difficult and potentially has

high cost because the nearby culvert at that location is higher than the lowest point of their property and it becomes pressurised during heavy rain which means that water would likely flow back out of the Council system without the installation of specialised equipment.

Please note: following the installation of further kerbing on Matson Terrace and backfilling/re-contouring of the Council footpath, this work will reduce the likelihood of any further storm water entering their property for the Council system. Recent heavy rains have already tested the system and other than in the area now scheduled for the above work, very little water is shed onto private properties from the Council system and any risk of Mrs Walladge’s Venus Bay property in the future from Councils system is now very low. Regarding Mrs Walladge’s comment that she is speaking on behalf of her neighbours, I would expect that she is, because any Council action is likely to also relieve them of their responsibilities to properly discharge their stormwater to the Council water table Council Risk: The risk of storm water entering the Walladge’s property from neighbouring properties apparently still exists and other than Council continuing to place pressure on all Venus Bay residents to improve their stormwater drainage, the matter of water that may come from her neighbours is an issue to be addressed between her and them. I have not imposed an extra cost on Council operations by obtaining legal advice on this matter because I am reasonably confident that Council’s would not be held liable for this historic problem and its future responsibility is to ensure its own system is maintained properly, and take action is instances of blatant disregard for stormwater improvement notices. However, the Council may at any time undertake any additional drainage relief actions that are reasonable for it to do and that includes making changes to its structures in order to relieve the Walladge’s situation. “Reasonable” means that consideration must be made to the following:

- Actual risk of recurrence from Council system (now minimal) - Affordability of providing alternative drainage specifically for the Walladge property

(not realistic if the flow on of public expectation is considered) - Equity in provision of services. (Council choice)

Other issues for consideration:

- The Walladge’s concern is very understandable, however, they have an old house on a very early allotment and it was placed in a hollow before the present planning laws were introduced and without consideration to the future growth of the town around it.

- From an equity viewpoint, the Council should appreciate that if it undertook this work for one ratepayer to solve a problem that is not now being caused by it, then it will be facing progressive demands for the same favour from many other owners of historically low lying blocks in all of its towns and many do exist.

- If it chooses that path, can the Council actually afford to then add many hundred

thousand dollars of cost into its operating costs which must in turn be funded by other rate payers?

Any serious examination of additional drainage specifically to assist this property will also require us to hire in expertise that is not presently available in Council. An accurate cost cannot be forecast without a qualified Engineering assessment first being undertaken. However, the “guesstimate” of the cost range for the various options is that it would exceed $20,000 and quite probably would be from $50,000 to $100,000 Suggestions for consideration: The Council can:

- Authorise a variation to existing budgeted projects that enables me to arrange for an Engineer to inspect the site and develop budget cost options (est’ $3000 to $5,000)

- Direct me to gain a legal opinion of its risk and responsibilities (est’ $1,000 to $2,000)

- Remain with its present position and reconfirm the above information to Mrs Walladge (est’ $100 to $200)

Action: I seek Councils further direction on this matter FOR INFORMATION ONLY DC Elliston Fire Prevention Activities: The following comprehensive detail is provided for Council and public information following some Councillors questioning the methods/procedures being utilised. The various Coroners inquiries and changes to legislation have deliberately placed the onus on Local Government to better do its job in this area and the truth is that in DC Elliston we have not, until very recently, done our Fire Prevention Activity as well as we should have. Councillors to please note: in the attached News clippings (ref’ attachment M) which followed the recent fires that destroyed property and threatened lives in a large section of Port Lincoln, it points out that most of the native vegetation which caught fire was on private property and very few people had sought vegetation clearances under the revised legislation. It is Councils right to seek information and ensure that administration is properly doing its job but it is not a responsibility of Councillors to intercede on behalf of disgruntled land owners as the appeal procedure is legislated and separate from the Council and its Officers. You will see from the following detail that;

• The public and individual warnings to clean up overgrown blocks were started early and then continued on a regular basis.

• The nature of the required vegetation clearance is set out in the legislation and it is not determined by Council Officers.

• Each landowner had sufficient time to act well before summer and most did. • Council officers had been advised by the CEO to undertake their inspections and

prepare their reports in a manner that could in future be presented to the Ombudsman or to any Department reviewing an appeal.

• A member of the local CFS was placed temporarily on Councils payroll in order that he could provide expertise to the Council inspections.

• An experienced officer from Whyalla was contracted to then recheck the Council officer’s decisions and procedures.

In summary:

• Administration are undertaking its “fire Prevention” duties in the manner which the State Government expects them to do it

• The job was done professionally and by the book • Ample notice and time was given to property owners • No landowner was treated unfairly • The appeal procedure is formal and independent and not via any Councillor

Outlined above is the message that Councillors should be taking to the community and if any person then complains that “sumwun” was omitted from the inspection or treated differently or has a property that presents a greater danger to the community than theirs does, then request them to write down the full detail (including the property owners name and address) and sign the statement and I can assure Councillors that Administration will then act quickly to verify the situation and a report will be provided to the Council following the inspection. Detailed Report on fire prevention activities The following background information is provided for Councils further information: Legislation and Responsibilities

Attachment A - Extract of the Act which Council operates under Attachment B - Fire & Emergency Services Regulations (Review) Summary of Council Admin’ actions

Attachment C – “Bushfire Ready” flyer sent out with Rates notices in August 2009. Attachment D – Extract from Works Coordinator’s Agenda item in September 2009. Attachment E – Public notice “Important Notice – Fire Hazard Alert” advertised in the West Coast Sentinel and Port Lincoln Times in October 2009. Also placed in School newsletters in October 2009 and advertised on public notice boards in all towns in October 2009. Attachment F – Fire Prevention Newsletter delivered via direct mail out by Post Offices in October 2009. Attachment G - Notices were sent out to landowners requiring fire prevention activities in October 2009. Attachment H – Extract from Works Coordinator’s Agenda item in November 2009. Attachment I - A second letter was sent out in December 2009 to those landowners who had not complied with the original notice, i.e. as no significant vegetation clearance was carried out. Appeal Procedure

Please note the full detail of the appeal procedure is provided on the rear of the Section 83 Notice (second page of Attachment G). The process defined by legislation requires an appeal to be made in writing to the Chief Officer of the SA Country Fire Service within 14 days of the date of the notice. Council’s Fire Prevention Officer carried out the inspections with assistance from a local CFS Volunteer in July, October and December 2009. Photos and reports were provided to a senior compliance officer from the City of Whyalla Council in December 2009 in order to gain independent verification of our procedures and decisions.

In response to specific questions previously raised by Chairman Wandel and Councillor Seaman, on behalf of B Leditschke and the Cleve Lutheran Parish Inc, please refer to the full range of public advices, inspection reports and correspondence related to the infringement notices provided to these persons. Also attached are photographs identifying the hazards (Attachment J). Please note both properties have now complied and they were not sent a second notice. Attachment K - Please find attached correspondence received from Mr Denis Best in regards to the second notice he received. Mr Best has been given an extension to the end of January to undertake the work required (Attachment L photograph). Venus Bay Caravan Park The draft documents have been prepared for signature and a disclosure statement is being prepared. Once completed, they will be forwarded to the Southern’s for signature. Councillors please be aware that if you receive inquiries on this matter: - the procedure of handling the documents through 4 individual parties (Southern’s to their Solicitor, then to our Solicitor, then to DCE and then back by the same route) is quite thorough but it is slow. Coastal Facilities – Risk Audit: Although the recent and unfortunate death of a youth at Venus Bay after falling from cliffs, occurred outside of Council built facilities, an incident report and facilities audit is being prepared with the assistance of Council’s Risk manager. This is being done in considerable detail and with independent and expert advice and in order to determine if it will be beneficial for Council to upgrade or modify its signage or facilities in anyway. The Chairman and Deputy Chairman have been supplied with all of the detail and following the reports being examined by Senior Persons in the Local Government Association Mutual Liability Scheme, the Council will be provided with a further update. Regional Development Australia (RDA) – proposed Funding Agreement: A copy of the proposed Funding Agreement is attached for Councils consideration plus comments from the EPLGA Executive Officer and Mayor Alan Suter of DC Ceduna Port Kenny – Proposed brackish water desalination trial: Following advice of this opportunity and the Council providing a budget adjustment (up to $5,000) for the connection into the existing system, I followed up on the detail with the company making the offer. The detail is still fairly limited but it seems that we are likely to be offered a unit that can produce from 1,000 to 1,200 litres of fresh water per hour and without having high power consumption. They now wish to arrange the trial for February and I am waiting on further detail in regard the interconnect procedure. On the assumption that the trial is successful, the Council might wish to consider if it would like to buy the unit at the end of the trail and if yes, then what option would it like to have investigated for product storage and distribution. For instance, would Council prefer the option of a tanker trailer and shed to house it with direct feed into that tanker so that it is almost always ready for delivery? If so, the only space available on the Council land for such a shed is on the street side of the present Toilet Block.

Lone Graves Project Please find an e-mail to the Port Lincoln Times attached. Lock and Districts Swimming Centre (LDSC) – request for OHS assistance; The request for the LDSC and my response are attached. Complaint regarding the Lock & Districts Heritage Museum survey methodology: I have attached a letter of complaint from Mrs A Siviour who is concerned at the stipulation to return the surveys after the planned Public meeting, plus my response. Two items relating to Waste Collection; The first is regarding the Ministers proposal to amend section 155 of the Local government Act 1999, (service rates and charges). The second item is relating to changes proposed to regulation 4 (control of Refuse) of the public and environmental health act 1987. If passed in their present form, the first amendment has potential to require this Council to completely revise its method of charging for waste Services and the second proposal would disallow collection of waste on a 2 weekly basis (which is what we do with recyclables in order to keep costs down). The resulting legislation may require an expensive revamp for this Council and it may also force the operational costs up on a system that is working very well and is now very well accepted by the community. Please note: at the time of preparing agenda’s I am preparing a response to the LGSA on this matter. Mrs L Penfold – member for flinders – speech: The attached copy of Liz Penfolds recent speech to the Parliament provides her comment on the proposed changes to the legislation. NRM – Annual Business Plan Review: The NRM Boards correspondence on this matter is attached for Councils consideration. Recommendation: That the Chief Executive Officer’s Report as printed in the Agenda, circulated and tabled, be accepted.

Rob Gregor Chief Executive Officer