Monday 22 March 2010 - District Council of Elliston - SA.Gov.au

The District Council of Elliston 

Waterloo Bay 

Monday 22 March 2010 

Elliston Council Chambers


Date: Monday 22 March 2010 

Time: 9.30am 

Venue: Elliston Council Chambers 

........................................................ 

Rob Gregor 

Chief Executive Officer 

AGENDA 

9.30am 

Welcome 

1 Public Question Time 

9.40am 2 Apologies 

9.45am 3 Confirmation of Minutes 

That the minutes of the Ordinary Meeting held on the 22 February 2010 

and the special meeting minutes held on the 15 February 2010 as 

circulated and tabled in the minute book be taken as read and 

confirmed. 

9.50am 4 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. 

5 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 

6 Rescinding of Resolution 

Nil 

7 Motion with Notice 

Nil 

10.00am 8 Environmental Development Assessment Manager Report 

10.30 am Morning Tea 

Information and Action 

• Delegated Powers 

• Revised Costal Development Plan Amendment 

• Better Development Plan Council Review 

• Elliston Links Land Management Agreement, Recommendation for 

section 90 Briefing 

Information Only 

• Venus Bay Public Toilets – Section 41 Committee 

• N & D May – Development Application 

• Election Commission SA 

That the Environmental Development Assessment Manager’s Report as 

printed in the Agenda, circulated and tabled be accepted 

10.45am 9 Works Co-ordinator Report 


• Road Rubble Authorisation for Sheringa Beach Road 

• Purchase of New Works Ute Pre-budget 

• Letter from the Lions Club of Lock Inc. Seeking Permission to 

Undertake Maintenance at the Lock Cemetery 

• Draft Dog Registration Fee Schedule 

• Level Crossing Black Spot Funding 

• Fire Prevention 

For Information Only 

• Dog Pound / Management Audit 

• Letter from Mrs A Evans regarding Street Signage in Elliston 

• Letter from Cr Ross Seaman Expressing Concerns at the Repairs 

carried out to the Venus Bay Jetty Groin 

• Port Kenny Public Toilets 

• Letter from ECIC regarding Damage to Chairs 

• Letter from Liz Penfold MP regarding the Width of the Tod 

Highway between Karkoo and Kyancutta 

• Letter from Brett Pearce for KT & JL Pearce Proposing Co-funding 

for Road Re-sheeting 

• Palkagee Road 

• Car Park Alterations

• Grader Warranty Repairs 

• Road Program January 2010 

• Letters and Correspondence 

Reports Attached 

• Road Construction Expenditure 

- Resheeting 

• Road Maintenance – Grading & Other 

• Flood Damage Road Repairs 

• R2R Projects 

That the Works Co-ordinator Report, as printed in the Agenda, 

circulated and tabled, be accepted. 

11.15am 10 

Relieving Deputy CEO Report’s 

Action Items 

• Street Numbering Policy – Draft 

• Elliston Street Numbers 

• Responsible Officers for Clubs (volunteer, non-profit or otherwise) 

• Occupational Health Safety & Welfare and Risk Management 

• Relieving DCEO Report 

11.30pm 11 

That the Reliving Deputy CEO’s, as printed in the Agenda, circulated 

and tabled, be accepted. 

Corporate Services Manager Report 


• Time Capsule for New LGA Premises 

• Application from Elliston Progress & Tourism Association (EPTA) 


• Financial Help for Council “Local Government Disaster Fund – 

Circular 5.2” 

• Inclusion of Corporate Services Manager’s Position in the 

Contract, Tendering and Purchase Policy as Sub-delegation 

• Letter received from Elliston Playground Steering Committee 

(EPSC) 

• Minutes from the Audit Committee Meeting 

• Eyre Peninsula Rate Survey 

• Fines & Interest for Port Kenny Water Supply 

• Final Budget figures after Budget Revision 

• Natural Resources Management(NRM) Levy Rate Equalisation 

Process 

• 2010 Strengthening EP Program 

• Election of Board Member for Australia Day Council of SA 

• Proposed Extension of Water Main in Wookata Drive, Elliston 

• Corporate Services Manager’s Report 


• Monthly Income Statement & Balance Sheet 

• Monthly Income & Expenditure by Function 

• Community Support Register 

That the Corporate Services Manager Report, as printed in the 

Agenda, circulated and tabled, be accepted. 

12.30pm 

LUNCH BREAK

1.30pm 12 Chief Executive Officers Report 


• Progress of Regional Development Board (RDA) Funding 

Agreement 

• Lock & Districts Heritage Museum - Results of Public Opinion 

Survey 

• Application for Extension of Licensed Area at the Elliston Sports 

Centre 

• Wirangu (2) Native Title Claim 


• Centrex Mining – Update 

• OHS – Introduction of the One System Policies 

• OHS – A Sign of Good Sense 

• Elliston Stormwater Upgrade 

• D & N May – Complaint regarding the Processing of Development 

Application -933/011/10 

• Councillor Seaman – E Mail regarding Cost and Process Used for 

Undertaking an Independent Efficiency Assessment 

• Venus Bay Caravan Park 

• Port Kenny – Proposed Brackish Water Desalination Trial 

• Contingency Planning 

That the Chief Executive Officers Report, as printed in the Agenda, 


2.15pm 13 Chairman’s Report 

14 Petitions 

Nil 

15 Tenders / Expression of Interests 

Nil 

2.25pm 16 Questions with Notice 

Nil 

17 Questions without Notice 

2.35pm 18 Other Business 

3.10pm 19 Date of Next Meeting 

3.15pm 20 Closure


Environmental Development Assessment 

Managers Report 

To Council Meeting 

ACTION & INFORMATION 

22 nd March 2009 

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 Applicant Address Development 

Number 

933/020/10 WL & MB Williams & Sons Sec 91S, Hd of Colton SA 5670 Implement Shed 

P/L 

933/023/10 Gary Manners 28 Sixth Street, Elliston SA 5670 Hobby Craft Shed 

933/011/10 N & D May Sec 148 Hd of Ward, Elliston SA Kitchen & Bathroom 

5670 

Renovations 

933/013/10 C & T Fleming Lot 50 Sixth St, Elliston SA 5670 Cut & Fill of Allotment 

933/009/10 L Pryor Lt 101 Sixth St, Elliston SA 5670 Residential Dwelling 

933/018/10 Dahlitz Constructions P/L 

Daniel Robinson 

Lt 50 Chintabie St, Elliston SA 

5670 

933/025/10 Dahlitz Constructions P/L Lt 50 Chintabie St, Elliston SA 

Daniel Robinson 

5670 

933/017/10 C & J Palmer 45 Flinders Hwy, Port Kenny SA 

5671 

Garage 

Shed 

Garage 

Revised Coastal Development Plan Amendment 

The revised Coastal Development Plan Amendment report including EDAM’s responses is in the 

February 2010 EDAM agenda report due to this item being placed on the table at the February 22 nd 

2010 Council meeting. – Please refer to the Feb 10 report. 

Recommendation: From the February 2010 Agenda 

That the District Council of Elliston adopts this Report on the Principles & Objectives of Development 

Control for the Coastal Conservation Zone, Coastal Open Space Zone and the Coastal mixed Use 

zone as presented by EDAM and further more: 

a) instructs Edam to re-assess the Better Development Plan as presented by Planning SA to 

ensure that Council’s amendments have been adequately included; and 

b) Complete the assessment of all of the coastal mapping to ensure that Council obtains the best 

result on all land adjacent to the coast to meet its legally existing uses. 

Following its receipt and review of the additional information, the Council will then formalise its position 

regarding the acceptance or otherwise of Planning SA’s most recent proposals.

Better Development Plan Council Review 

This report is to advise the Council that EDAM has reviewed the whole of the Better Development 

Plan (BDP) as presented by Planning SA. The BDP process has also included the three coastal 

areas/zones. (Coastal Conservation, Coastal Open Space and the Coastal Mixed used zones) 

It is important for Council to note that the mapping portion of the BDP as presented by Planning SA in 

conjunction with input from the Coastal Protection Authority has NOT BEEN COMPLETED. 

The reason for this is that it may take further onsite investigations to ensure that the proposed 

amendments reflect with the previous instructions from the Council. 

The following Principles of Development Control will require further attention subject to the Council 

agreeing with EDAM’s recommendation/proposals. To assist in this process, Councillors, could you 

please refer to the check list attached to this report. 

For simplicity the Red items require further attention by Council. All other items in Green do not 

require any further action. 

Page 51 - PDC 6 (a&b). 

This PDC relates to the development of “Battle Axe Type” land divisions. Other Councils on the Eyre 

Peninsula have generally agreed that this type of development creates further problems in the future 

due to the configuration of the allotments, such as:- 

Access for emergency service vehicles; 

Overshadowing of buildings adjacent to the battle axe allotment. (especially when two or more 

storey’s buildings are constructed) 

Provisions of essential services to the proposed buildings; 

Lack of proper streets or thoroughfares provided by the developer; 

Conflict with adjoining land owners which then expect the Council to arbitrate or resolve; 

Dust and noise problems created when access roads are not properly surfaced; 

Disposal of stormwater and effluent generated by those allotments. 

Summary 

It is EDAM’s view that this type of residential development should not exist within any Residential 

Zone, regardless of the township within the DC Elliston area. To assist in the future assessment with 

this type of development it would be prudent that it be listed as a Non-Complying Development within 

all residential zones. 

Page 161 – Exemption. 

The exemption referred to above on p.161 is in relation to those townships or settlements which are 

currently within the Water Protection Zone. 

Summary 

The two areas of concern are the settlements of Sheringa and Bramfield as any development within 

those two settlements will require additional consultation with the Natural Resources Management 

Board under the relevant Legislation. For example, for an addition to an existing dwelling it will require 

further consultation with NRM, incur additional costs to the applicant and create further delays up to 

six weeks prior to Council delivering its development decision. 

In addition to the above it would be prudent for Council to also include the gazetted township of Talia 

whilst reviewing this clause. The logic for including Talia settlement is to cater for future development 

of the area as land adjacent to the coast is becoming a scarce commodity.

Additional Amendments Required by the Council. 

The following proposal has been considered as an extension to the CEO’s report on a recent 

Development Application assessed by Council staff as a Category 1 Public Notification. 

A summary of the development process has already been provided by other staff, Councillors should 

now be aware of the complex system that is already in place. It is EDAM’s opinion that this Category 

(Cat 1) type of development has been inserted by the Minister of Planning via Planning SA during the 

development of the Primary Industry Planning Module. This Module dictates the set up and structure 

of each zone within all the Councils Development Plans including DC Elliston. 

Assessment staff are aware of the delays this causes to what is initially a very simple development 

application. We are also concerned on the additional costs which in most cases are borne by the 

applicant. 

The DC Elliston Development Plan dictates the following;- 

Public Notification 

56 Those kinds of development listed in Table Ell/1, 2 and 3, together with the following kinds of 

development, are assigned as Category 1 Development in the Primary Industry Zone: 

Alterations and additions to existing development, other than existing development in the nature 

of intensive 

Summary 

As this is a Ministerial clause it would be prudent for the development assessment staff to discuss this 

matter with Planning SA to determine if the portion of the clause dealing with alteration and additions 

to residential dwellings can be deleted. 

The logic for this is as follows:- 

To prevent unnecessary delays for relatively simple Development Applications; 

To prevent additional costs to the applicant; 

Most types of these developments are only of a minor nature; 

Most types of these developments cannot be viewed from a public road or thoroughfare; 

Most types of these developments do not change the existing use of the buildings; 

Very seldom does Council receive an objection from an adjoining owner; 

Final Summary & Action Required 

The content of this report should be considered in conjunction with the previous development 

amendment reports and the addendum attached to those reports. 

As Councils Environmental Development Assessment Manager, I advise you that it is my opinion that 

Council has reached a reasonable compromise as to the Development Principles, Objectives and 

Desired Characters of the Better Development Plan (BDP) as presented by Planning SA. 

The compromises reached where either by varying the requirements of Planning SA to meet Councils 

needs or Planning SA clearly detailing the requirements of various pieces of Legislation which Council 

had to meet. 

Councillors, you should all be fully aware that this does not include the mapping as presented by 

Planning SA and the Coast Protection Authority. 

In adopting this version of the Better Development Plan it will quite likely result in some loss to tourist 

accommodation or facilities and residential activities especially in the three coastal zones. 

The options available to the Council are to adopt this amended version now or wait until the whole of 

the mapping assessment has been completed. It is my opinion that the BDP can be adopted now and 

Council staff can continue to work on the mapping process.

It should also be noted that if Council agree and adopts the BDP (excluding mapping) then staff will 

have to inform all concerned landowners in writing of the progress made up to date as you will be 

accepting the Planning SA compromise. 

OUTSTANDING MAPPING PROCESS 

The following items still require further investigations which relate to the mapping of the various zones 

of the Elliston Development Plan:- 

Coastal zoning boundaries; 

Building envelopes to existing dwellings; 

Coastal sand dunes; 

Council infrastructure mapping for example the Venus Bay Refuse Depot; 

Mapping of Venus Bay and Port Kenny bore fields; 

Recommendation: 

EDAM has provided four varying options for the Council to consider in relation to Adopting or 

Rejecting the Better Development Plan and the Zone Mapping presented by Planning SA, as follows; 

(1) (a) Adopt the Planning SA version of the Better Development Plan subject to the exclusion 

of the 3 following conditions; 

(i) The plan excludes all “Battleaxe” type of land division developments within the 

Zones where residential development is undertaken. 

(ii) The settlements of Sheringa and Bramfield and the gazetted township of Talia 

removed from the Water Protection Zone. 

(iii) The removal of the “Addition and Alterations to Existing Development” clause 

removed from Category 1, Public Notification which is currently within the 

Primary Industry Zone. 

(b) Reject all of the mapping proposed by Planning SA which still needs further clarification 

and investigation on the following items and instruct EDAM to pursue further reduction 

in the zoning which may benefit the Landholders, Stakeholders and the Council. 

(i) Coastal zoning boundaries; 

(ii) Building envelopes to existing dwellings; 

(iii) Coastal sand dunes; 

(iv) Council infrastructure mapping for example the Venus Bay Refuse Depot; 

(v) Mapping of Venus Bay and Port Kenny bore fields; 

(c) That the CEO notifies all Landholders, Stakeholders in writing that Council will be 

accepting the Planning SA Better Development Plan, with the above conditions. 

(2) Adopt the entire Better Development Plan present by Planning SA excluding all mapping 

and the CEO to notify all Landholders, Stakeholders in writing that the Council will be 

accepting the BDP and has excluded the mapping presented by Planning SA. 

(3) Adopt the entire Better Development Plan and the Zone mapping presented by Planning 

SA, which will then be required to be placed out for Public Consultation with the Community. 

(4) Adopt the entire Better Development Plan as presented by Planning SA and Reject the 

entire Zone mapping. 

PLEASE NOTE: 

If the Council rejects all of the Better Development Plan it may lead to the Minister for Planning and 

Local Government over ruling the District Council of Elliston and developing a Ministerial Development 

Plan for the Elliston Council.

Elliston Links Land Management Agreement 

Council to discuss the solicitors briefing which has been provided to the Councillors in the Confidential 

Agenda in relation to the Elliston links Land Management Agreement. 

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 & EDAM Trainee) 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 

Venus Bay Public Toilets – Section 41 Committee 

Please find attached a copy of the minutes from the recent Section 41 Committee meeting held on the 

7 th March 2010 for the Venus Bay Toilet Project. 

Please also find attached a response which CSM and EDAM worked on in order to ensure that 

accounting / payment or planning delays are kept to a minimum. 

While these items may seem complex to the committee, they are required Council procedures / 

policies and if the Committee is willing to address them early on in the projects process, then no unnecessary 

delay will be caused by Administration, OH&S or Risk Management. 

N & D May – Development Application 

Council is advised that the Development Application lodged by N & D May was assessed in a proper 

and orderly fashion as per the requirements of the Development Act and the Council’s Development 

Plan. During all stages of the assessment process EDAM was informed of the ongoing progression 

and Joanne (EDAM trainee) clarified all the steps taken with EDAM prior to advising the May’s on 

each relevant stage. To assess the Application in any other format would place Council in a 

precarious position and render the proposed Development decision null and void. 

Assessment staff are very much aware of the process required and the length of time incurred for 

what generally is seen as a minor development. However, the process must be carried out to ensure 

that the Council’s decision can be defended in the Courts should the staff’s decision be challenged in 

the Environmental, Resources & Development Court. 

Joanne should be congratulated in the manner in which she dealt with the whole assessment process 

during my absence. 

Electoral Commission SA 

Please find attached correspondence received from the Electoral Commission in relation to the 

removal of previous automatic enrolment provisions for the Council Elections. The LGA and the 

Electoral Commission are formulating an Information Package for all Council’s to use to assist and 

notify the electors that are not currently on the Council’s Voters Roll. 

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


Works Coordinator’s Report 

INFORMATION AND ACTION 


22 nd March 2010 

Road Rubble Authorisation for Sheringa Beach Road 

After extensive testing along the Sheringa Beach Road area no rubble has been found that meets the 

requirements of the Councils Road Infrastructure Policy, however samples taken from Councils previous pit 

indicate that it is close to meeting the standard required in Councils policy. 

A copy of the sample data has been provided and I seek Council’s direction on whether to use the rubble or 

to continue searching in areas further afield. Note: this will delay work schedules and costs will increase. 

Action: I seek Councils direction on this issue. 

Purchase of New Works Ute Pre-budget 

Replacement of the Works staff utility will be included in the 2010/11 Budget as the replacement km have 

been reached, however as there is a 4 month waiting period for the vehicle I seek Council’s authorisation to 

pre order now for delivery in July. 

Action: I seek Council’s authorisation to pre order the new works ute to be included in the 2010/11 budget. 

Letter from the Lions Club of Lock Inc. Seeking Permission to Undertake Maintenance at the Lock 

Cemetery 

The Lions Club of Lock have requested Councils permission to carry out repairs and maintenance at the 

Lock cemetery including: replace the rusting entrance gates, vegetation control and stabilising the Niche 

wall. 

Volunteer organisations such as the Lions Club provide a valuable service to the Community and I 

recommend that the subject to complying with all relevant OHS & W requirements the Council permit the 

Lions Club of Lock to carry out repairs and maintenance at the Lock Cemetery. 

They have also raised concerns regarding an unsightly property adjacent the cemetery, an inspection of the 

area will be conducted by the Environmental Development Officer and the result placed before Council for 

their consideration 

I have contacted Mr John Pearce the Clubs secretary and provided advice with regard to the broad 

changes to the OHS & W Legislation and the implications of increased OHS scrutiny from Safe-work SA 

and the major documentation changes with the introduction of the extremely detailed “One System OHS 

Policy”. (refer to CEO report) 

Council is required under the legislation to ensure all staff, contractors and Volunteers meet the criteria with 

appropriate training, work practices and procedures. 

As the Lock Loins Club is an incorporated organisation it would be required to provide insurance for its 

members and they would be treated as an organisation rather than Council volunteers with both parties 

engaging into a formal relationship identifying the roles of the Council and of the Club.

The Club is required to carry out all work in compliance with the relevant OHS & W policies including 

appropriate licences for any equipment being used, correct PPE (Protective Clothing), show evidence of 

appropriate training or relevant qualifications for the work to be undertaken and appropriate manual 

handling training etc. 

The club would need to appoint a suitable “Responsible Person” to be on site at all times and to be 

responsible for the work undertaken. 

Council staff will be required to carry out a Hazard assessment with the Responsible Person and ensure 

ongoing monitoring of the project. 

Recommendation: That the District Council of Elliston permit the Lions Club of Lock Inc. to carry out 

repairs and maintenance at the Lock Cemetery subject to complying with all relevant OHS & W 

requirements and the implementation of a formal agreement between the Council and the Club regarding 

the details of the proposed works. 

Draft Dog Registration Fee Schedule 

Please find attached letter from the Dog and Cat Management Board in regards to dog registration fee 

schedules for the 2010-2011 registration period. The board requires Councils decision on weather they 

intend to increase the fees or remain at the current level. 

The Council’s current Dog Registration Fees are provided with a maximum fee of $40.00 for a General Dog 

Registration. 

Action: I seek Council’s direction on this matter. 

Level Crossing Black Spot Funding 

DTEI is seeking nominations for level crossing black spot funding, Council may be eligible to apply for this 

funding however the criteria has not been evaluated and I seek Councils direction on whether they wish 

staff to investigate the funding program further to see if DC Elliston can access this funding . 


Fire Prevention 

Recent Fire Prevention discussions regarding the new Fire Management Committees indicates that these 

committees will decide the appropriate Fire Prevention measures and advise Councils of their obligations 

with regard to those activities, including the maintenance of Fire access tracks. 

The new Committees are not yet in place but the CFS has indicated that they will be formalised prior to the 

Fire danger season this year and whilst it is not yet clear of the impact the committees decisions will have 

on Council budgets I seek Councils direction on providing a courtesy advice to the CFS outlining Councils 

budget process and of the timeframes for requesting budget funding. 

Note: Fire track maintenance has not been included in the current Fire prevention budget. 


INFORMATION ONLY 

Dog Pound/ Management Audit 

In 2009 an audit of Councils Dog management practices and Pound inspection was carried out by the Dog 

and Cat management Board. 

A copy of the audit findings and recommendations has been included for Councils information.

Letter from Mrs A Evans regarding Street Signage in Elliston 

Mrs Evans has written to the Council advising of some missing street signs in Elliston and of the difficulty of 

locating house numbers. 

Council has a street numbering program underway with auditing currently in Elliston, the process includes 

inspecting each property to ascertain the frontage, the end result will provide correctly allocated numbers 

for all properties in the Elliston town ship and adjacent residential areas. 

With regards to the street signs, an audit was immediately carried out to determine the locations needing 

additional signs, approximately 30 signs are required in various locations throughout the township area. 

The signage has been ordered however please refer to the CEO’s report highlighting the ongoing budget 

implications. 

Letter from Cr Ross Seaman Expressing Concerns at the Repairs carried out to the Venus Bay Jetty 

Groin. 

Mr Seaman’s expressed concern at the size of the rubble used to backfill a large eroded hole in the groin at 

the start of the Venus bay Jetty. 

Mr Seaman’s letter was forwarded to DETI Marine division and a copy of the correspondents has been 

included, but further details could not be obtained as the DTEI contact has been on sick leave. 

Port Kenny Public Toilets 

Recently the Port Kenny toilet facilities water usage has increased significantly and some repairs have 

been carried out to reduce water leaks including the unbudgeted replacement of three cisterns, in view of 

the age of the facilities other components will also require replacing, however it is feasible that water other 

than that used for toilet flushing or hand washing could have been taken. 

While the old Port Kenny Water system provided fluctuating low pressure the new water system provides 

constant and increased pressure and some of the old fittings have subsequently failed. 

Letter from ECIC regarding Damage to Chairs 

The ECIC provided chairs for the Australia Day celebrations and while it is disappointing that some chairs 

sustained damage it is not entirely unusual for this type of seating to break from time to time especially 

when members of the public assist with stacking. 

The damaged chairs will be replaced and we thank the ECIC for providing the seating free of charge for this 

community event. 

Letter from Liz Penfold MP regarding the Width of the Tod Highway between Karkoo and Kyancutta 

Please find attached correspondence received from Liz Penfold MP including a copy of the Hon Minister 

Patrick Conlon’s response with regard to the width of the Tod Highway. 

Minister Conlon has advised Mrs Penfold MP that an upgrade is not currently planned for the northern end 

of the Tod Highway due to its low traffic volumes 

At its last ordinary meeting in February Council directed that a letter be sent to the Wudinna District Council 

in support of their letter to the Department for Transport Energy & Infrastructure expressing concerns 

regarding the safety on sections of the Tod highway between Kyancutta and Karkoo. 

Letter from Mr Brett Pearce for KT and JL Pearce Proposing Co-funding for Road Re-sheeting 

Mr Pearce is requesting that Council consider re-sheeting a 4 km section of Dearman Road in a co funding 

arrangement in the upcoming budget.

Dearman Road is classed as a Cat 4 road and Councils policy states that Category 4 roads serve only as 

access to private property and have limited formation. 

They provide direct access to farms, private organisations or other private business premises for the 

movement of plant and machinery and they need not be all weather roads, Cat 4 roads are generally 

maintained to the following standards; 

• 0-1grades per year 

• Minimal attention (no re-sheeting target, 20 year useful life). 

• Council will pay 50% of maintenance costs up to a total of $6000/km for maintaining Category 4 

roads (property access roads) that are due for renewal in a particular year, with property owners 

to pay the balance of costs incurred when renewing the roads subject to the annual budget 

process. 

This road will be provided for Councils consideration as a co funded category 4 road in the upcoming 

budget process and Mr Pearce has been advised of the process. 

Palkagee Road 

Surface damage has occurred on the Eastern end of Palkagee Road due to recent movements of trucks 

transporting Gypsum, Council was advised of the damage occurring on the road by a member of the public 

and contacted the operations manager immediately to reassess the routes available to the carriers and a 

suitable alternate route was advised to the drivers which has reduced the volumes on Palkagee Rd. 

After the recent rainfall Council’s patrol grader carried out grading on the road to repair the surface. 

Car Park Alterations 

The alterations to the car parking areas on Little Bay Rd and the Venus Bay cliffs is almost complete, work 

will begin at other coastal areas in the coming weeks. 

Please be advised that several of the large boulders placed at the Little Bay car park area have been 

relocated by members of the public to gain access to the cliff edge with vehicles, these areas will be 

repaired with lager boulders and at additional expense. 

Grader Warranty Repairs 

Warranty repairs to repair a faulty fuel sender unit and leaking hub seal on the 770 John Deere Grader 

were carried out during a recent Works staff RDO by John Deere technicians at Lock. 

The 770 JD is now at the end of its 6000hr warranty period. 

Road Program January 2010 

Gantt chart attached. 

Construction on the No Where Else Road is almost completed; works will begin shortly on the Sheringa 

Beach Road. 


Road Construction Expenditure 

- Resheeting 

Road Maintenance – Grading & Other 

Flood Damage Road Repairs 

R2R Projects

Letters and Correspondence 

Letter From: 

Regarding: 

Response: 

Letter From: 

Regarding: 

Response: 

Letter From: 

Regarding: 

Response: 

Letter From: 

Regarding: 

Response: 

Letter From: 

Regarding: 

Response: 

Letter From: 

Regarding: 

Response: 

Lock Lions Club Inc 

Request for permission to undertake maintenance at Lock Cemetery 

Awaiting Council decision 

Andrea Evans 

Street signage in Elliston 

Letter attached 

Ross Seaman 

Concerns at the repairs carried out to the Venus Bay Jetty groin 

Nil required 

ECIC 

Damage to chairs 

Nil 

Liz Penfold MP 

Width of Tod Highway 

Nil required 

Brett Pearce for KT and JL 

Proposing co-funding for road resheeting 

Letter attached 

Recommendation: That the Works Coordinator’s Report as printed in the Agenda, circulated and tabled 

be accepted. 

Wayne Scholz 

Works Coordinator


Relieving Deputy CEO Report 


22 nd March 2010 

ACTION ITEMS 

Street Numbering Policy – DRAFT 

Street numbering has been undertaken in Venus Bay and Port Kenny and a proposed system for 

Elliston is included in this report. One of the motivating factors for undertaking this task has been 

to identify properties to make it easier for emergency services (mainly ambulance but could be 

CFS & SES etc) to find the house/property. In the last few months there have been instances at 

Venus Bay and Elliston which highlighted the inadequacies of the current numbering system. 

A DRAFT Street Numbering Policy has been put together to assist in the future but to also help 

with the Elliston proposal (Elliston is a bit difficult due to house frontages on corners varying 

throughout the town). 

I recommend the Draft Policy be adopted prior to adopting the numbering system for Elliston. 

Recommendation: That Council adopts the Street Numbering Policy as presented in the Draft 

form. 

Elliston Street Numbers 

The street numbers in Elliston required a review, with some allotments in newer subdivisions not 

having been allocated a number and some inconsistencies in the rest of Elliston. 

220—Numbering of adjacent premises and allotments 

(1) A council may adopt a numbering system for buildings and allotments adjoining a 

road. 

This is particularly important to ensure that emergency services such as ambulance(recently there 

was some confusion for the ambulance in Elliston in finding the correct address), CFS etc are able 

to find their desired location but it is also becoming increasingly important for landowners to be 

able to identify their residential property address for drivers licences, Telstra connections, Solar 

power subsidies etc. 

Pursuant to Section 220 (6) of the Local Government Act 1999 “an owner of land must, at the 

request of the council, ensure that the appropriate number for the owner’s building or allotment is 

displayed in a form directed or approved by the council”. I’m not suggesting that Council will want 

to enforce this sub-section of the Act but it would be nice if landowners did identify their properties 

with the relevant street number. 

Included in my Report are maps showing the proposed numbering system for Elliston. Council 

may like to go out for community consultation on this or you may wish to adopt the numbering 

system as presented. I will point out that the numbers were allocated using the Draft Street 

Numbering Policy as a guide. There will be some property owners who may not like to have their 

current number changed (where possible they have remained the same) but it is really important to 

have a logical system in place. 

Recommendation: 

Option 1. 

That pursuant to Section 220 of the Local Government Act 1999, Council adopts the 

numbering system for Elliston township and adjoining residential areas as listed in the maps 

attached to the Relieving Deputy Chief Executive Officer’s Report for the March 2010 Council

meeting. Administration be authorised to formally advise all relevant landowners in writing of 

Council’s decision. In addition, Administration advise in writing the following 

authorities/organisations; 

• Valuer-General 

• Australia Post 

• Australian Electoral Commission 

• Any other notification required by Statute or Regulation. 

• The Australian Gas Light Company (AGL) 

• ETSA Utilities 

• Origin Energy 

• Telstra 

• SA Water Corporation 

Option 2. 

That Council in accordance with Council’s Consultation Policy the Proposed Street Numbering 

System (as listed in the map attached to the Relieving Deputy Chief Executive Officer’s Report for 

the March 2010 Council meeting) for Elliston township and adjacent residential areas be put out for 

community consultation. 

Responsible Officers – for Clubs (volunteer, non-profit or otherwise) 

Attached is a copy of correspondence received from Liz Penfold which she sent to the EPLGA 

(attachments to her letter include a letter from Port Neill Bowling Club with information received 

from Bowls SA). Bowls SA sent the information to all Bowls Associations which highlights a 

change of “heart” by Safe Work SA regarding Responsible Officers and volunteers and I quote 

from that advice: 

“Due to recent recommendations from Safe Work SA the Bowls SA Memo sent to 

Clubs in July 2008 regarding Responsible Officers has been revised. The original advice 

from Safe Work SA indicated that not all clubs needed to be compliant as Volunteer Clubs 

were exempt (as they did not have any employees). This information has since been 

modified by Safe Work SA and now all Clubs in SA that carry on a business must comply”. 

Advice is available from the Safe Work SA website www.safework.sa.gov.au 

However, just a couple of points worth noting are: 

“There is a requirement under the Occupational Health, Safety and Welfare Act 1986 

that each body corporate that carries on business in South Australia must appoint one or 

more responsible officers for the purpose of this section – section61.” 

“What does carrying on a business mean? 

“This means that the organisation is conducting some form of business/trade in SA. 

For example an organisation that produces, sells or provides products or services for 

reward as part of its operations is likely to be conducting a business (including bar trade at a 

club). 

“We are a sporting/recreational organisation. Do we have to appoint a responsible 

officer? 

“The principal object of these organisations may be to foster a particular sport or 

hobby and provide social and recreational activities for its members. While that may be the 

principal reason for the organisation coming into existence, does it engage in any 

commercial activities that would mean it is carrying on a business? For example: 

- Does it offer services such as coaching, training, and the use of its facilities and 

hold events where a fee is charged for non-members? 

- If the sporting body has a clubroom, do they sell alcohol and food to members as 

well as the general public? 

If the answer is yes, and these other activities are not insubstantial, then it may indicate that

the organisation is engaging in trading activities and therefore carrying on a business.” 

I’ve included this information to show the imposition being placed on volunteers and that it is not 

new. Volunteers of Council will be considered as employees and have the same rights and 

obligations as paid employees, including the need for them to be trained and have knowledge of 

Council’s OH&S policies and procedures (appropriate personal protective clothing etc, etc, etc). 

Recommendation: That Council note the information. 

Occupational Health Safety and Welfare and Risk Management 

The LGA Mutual Liability Scheme conducted an information session following the recent EPLGA 

Conference at Cowell. I understand the CEO attended with a Councillor. The new “One System” 

was again discussed with a number of CEOs voicing their concerns over the complexity of the 

system. It was made very clear that the system was developed to ensure it met the Safe Work SA 

requirements and was not an “over kill” as being suggested by some CEOs and their staff. 

What it did highlight was that “One System” needs to be adopted as a matter of some urgency. It 

was pointed out to LGAMLS that it would take some time to have “One System” fully operational as 

most Councils don’t have sufficient human and financial resources. However, even though that 

may be the case the fact is that if Councils don’t adopt and use “One System” they will still have to 

do something very similar at the very least. 

To demonstrate the complexity and potential time to implement the system I’ve attached the OHS 

Contractor Management Policy and Procedures. It can be seen from these documents the extra 

requirements being applicable to contractors if they want to be considered for Council work. 

The Policies required are as follows and they all have procedures of varying complexities: 

- Hazard Management Policy 

- OHS Administration Policy 

- OHS Communication and Consultation Policy 

- Contractor Management Policy 

- Emergency Management Policy 

- Hazardous Work Policy 

At this stage some of the Procedures have been adopted by the OH&S Committee with others in 

Draft format. The Contractor Management Policy has been adopted with the others in Draft format. 

Each Policy and Procedure has been developed in Draft format by the LGAMLS with Councils 

required to adapt to their circumstance (little change is recommended otherwise they may not meet 

Work Safe SA standards). 

I would urge Council to be aware of their (and the CEO) obligations under legislation but also 

understand that this process is going to take time and resources. I know you’ve heard this before 

but the CEO has asked me to again reinforce given the recent presentation made by the LGAMLS 

following the EPLGA Conference. 

Recommendation: That Council note the information. 

Relieving DCEO Report 

Recommendation: That the Relieving DCEO Report as printed in the Agenda, circulated and 

tabled be accepted. 

John Rumbelow 

Relieving DCEO




22 March 2010 

Time Capsule for New LGA Premises 

The Local Government Office will be shifted to a new office at 148 Form Street Adelaide. 

Therefore Local Government Association (LGA) inviting all Councils to submit items for 

inclusion in the 2010 Time Capsule Container. Due to limited space, submitted items must 

be placed in a sealed A4 envelope with the Council’s name written on the front. Submitted 

items should be capable of surviving 30 years in storage without suffering significant 

deterioration. The item should be send by 31 st March 2010. 

Action: - I seek the Council’s direction. 

Application from Elliston Progress & Tourism Association (EPTA) 

EPTA is organising “Australian Salmon Fishing Championship-2010” from 1 st June to 31 st 

August 2010. EPTA has submitted a Funding Request Application Form on 12 th March 

2010. In the application form EPTA has requested for $2,500 from the Council. However 

according to minute number 290.2009 the Council has allocated $2000 for Salmon 

Competition out of the total Community Support Fund. 

Action:- I seek the Council direction. 


Financial Help for Council “Local Government Disaster Fund – Circular 5.2”. 

Refer to my letter to the Grant Commission dated 26 th Feb 2010 and the Grant 

Commission’s Office reply back on the same day . It has stated that: 

“Under the Fund’s guidelines for an event to be considered a disaster the extent 

of the damage (to uninsurable infrastructure) must exceed 5% of council’s rate 

revenue. If this is the case, council’s generally contact us, and we determine 

whether to send over an engineer to assess the damage and the pre-flood 

condition of the infrastructure. At the very least it is important to take lots of 

pictures once the flood water has subsided and before council starts to repair the 

damage. 

Once council has submitted the claim, we would have it assessed by the 

engineer for the costing etc. In assessing the claim the Management Committee 

would expect the council to contribute 10% of the cost of remediation towards the 

claim.” 

The officer also attached a copy of guidelines for councils in making submissions to the 

Fund. 

Please note: The Council’s 2009/10 “Gl Code 010100 - Rate Declared Income” as of 

10/03/2010 is $1,260,523.75 and the Council’s budgeted storm damaged road repair cost 

is $75,000. Therefore the total storm damaged road repair cost is 5.94% of the total Rate 

Declared Income (75000/1,260,523x100=5.94%). 

However there are other conditions too, the administration needs further clarification 

before it can give a confirmed answer to the Council

Inclusion of Corporate Service Manager’s Position in the Contract, Tendering & 

Purchase Policy as Sub-delegation 

Under the present status of the Contract, Tendering & Purchase Policy, there is no 

mention of the purchasing authority for the position of Corporate Service Manager under 

“Discretionary Limits of Authority”. Therefore CEO will authorise Corporate Service 

Manager’s position to purchase upto $9999.00 for a individual item purchase whereas in 

the case of bulk invoice billing from a single contractor or a creditor, it is $30,000 for 

smooth functioning of the operational work. This change will be incorporated under “Policy 

for Supply of Goods and Services” sub point “Discretionary Limits of Authority” as sub 

delegation by CEO. 

Other than that there is no mention of the position of Corporate Service Manager under the 

topic a) Method of Procurement of Goods and Services a) Tenders in the Contract, 

Tendering & Purchase Policy whereas I am involved in these process ever since I am 

holding the position of Corporate Service Manager. Therefore I have requested CEO to 

provide sub-delegated authority to the position of Corporate Service Manager. 

Letter from Elliston Playground Steering Committee (EPSC) 

I have received a letter from EPSC on 10 th March 2010 and as per the letter EPSC has 

agreed all the points of minutes 039.2010 (relating to Council Meeting 22 nd February 

2010). Therefore I have authorised payment of $5000 to EPSC as per Council resolution 

039.2010. 

Minutes of the Audit Committee Meeting 

The Council’s 2 nd Audit Committee Meeting held on 3 rd March 2010 and the copy of the 

minutes is attached 

Eyre Peninsula Rate Survey 

DC Tumby Bay has conducted a rate survey of all Eyre Peninsula Councils and copy of 

that report is attached. 

Fines and Interest for Port Kenny Water Supply 

As per a re-clarified e-mail (dated 25 th Feb & 27 th Feb 2010) from Kate Oliver, Senior 

Associate ( Norman Waterhouse Lawyers) , the Council can charge fine & interest for Port 

Kenny Water Supply. 

Final Budget Figure after Budget Revision 

The revised operating expenditure after Budget Review is $3,476,508 and the revised 

budget deficit shall be ($378,806) and the total Capital Expenditure is $2,050,576. 

I would also like to remind the Council we have received $257,884 as early grant at the 

flag end of 2008/09 financial year which was supposed to be this year’s revenue. This 

event had distorted the Council’s actual financial information in 2008/09 & 2009/10. 

Therefore the actual adjusted deficit shall be $120,922 (if Grant was not prepaid). 

[Please note: In 2009/10 the Council Operating Surplus/Deficit line shall have exactly the 

opposite effect of last year’s Operating Surplus/ Deficit line] 

Some of the main reasons of Budget over run are 1) Repair of Storm Damaged Roads 2) 

Setting up safety measure at Venus Bay Incident area .I would also like to highlight to the 

Council that the Council’s Signage & Traffic Management actual expenses will be over the 

current budget and the reason for this is due to several factors, which include: 

• Unbudgeted purchase for Storm Damaged road signs 

• Unbudgeted purchase of road works and safety signage for Emergencies

• Installation of additional “Risk” signage at Venus Bay and coastal areas following 

the Venus Bay incident and subsequent assessment. 

• Installation of traffic signage in Venus Bay following the Venus Bay incident and 

subsequent assessment. 

• Installation of improved traffic signage at Little Bay Rd and Anxious Bay Rd ( Clifftop 

Drive) following the Venus Bay incident and subsequent assessment. 

Natural Resources Management (NRM) Levy Rate Equalisation Process 

NRM Board is in the process of equalising all the Council’s contribution of levy over the 

next two years. Once this process will be completed, the Council’s shares of the levy will 

be proportional to the number of rateable properties from 2011/2012. 

2010 Strengthening EP Program 

The Eyre Peninsula Natural Resources Management Board and Eyre Regional 

Development Board are organising 2010 Strengthening EP program and the detail is 

attached. 

Election of Board Member for Australia Day Council of South Australia 

Nomination for the Board Members starting from 1 st March 2010 and the last day for filling 

up the nomination form is 26 th March 2010. 

In relation to Australia Day Council of South Australia, I would like to inform that there are 

changes for the forthcoming Annual General Meeting of Australia Day Council of South 

Australia. For the first time these elections will be conducted by postal ballot. 

Proposed Extension of Water Main in Wookata Drive, Elliston 

SA Water has approved the construction of a water main in Wookata Drive, Elliston 

(Section 341 and Section 348) for direct water connection. 

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 11 th March 2010 and the Community Support Register, be received. 


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 

FOR INFORMATION AND ACTION 


22 March 2010 

Progress of Regional Development Board (RDA) Funding Agreement 

I refer to the attached e-mails regarding this matter and to the amended Funding 

Agreement documents which because of their size have been placed into the Councillor 

information packs. 

The following updates were received at the recent EPLGA executive Meeting: 

• Mr M cant has become the Executive Officer for the new RDA 

• The RDA Board has authorised signing of the Federal Government funding 

agreement 

• The RDA Board has not yet agreed to the SA governments funding agreement 

• The RDA Board is concerned that the proposed agreement enables the Minister to 

micro Manage and the RDA will have a high level reporting and compliance task 

I do not think that much will be gained by further deferring the signing of the State/local 

Government Funding Agreement. 

Action: the Council authorises the Chairman and Chief Executive Officer to sign and affix 

the official Council seal to the recently amended State/Local Government /RDA Funding 

Agreement. 

Lock & Districts Heritage Museum - Results of Public Opinion Survey 

I refer to the attached summary of the recent community survey undertaken regarding the 

future ownership and management structure for the Lock and districts Heritage Museum. 

Summary of Points for Council consideration: 

• Only about 18% of the Lock community responded to this survey and as Lock is 

known as a town that has very active community groups, this small return seems to 

indicate a fairly low level of interest in this matter (outside of the groups immediately 

concerned with the future of the facility). 

• Option two (transfer of all buildings and land to the Lock and Murdinga Progress 

Association) received 15 votes 

• Option one (transfer all of the buildings on the land into ownership of a new building 

trust) received 13 votes. 

• The next highest voting was for a variation to that theme which left the land to the 

LMPTA and the buildings with the Lock & Districts Heritage Museum (11 votes). 

• In almost all instances it is the land that appreciates in value over time and old 

buildings depreciate and become more costly to maintain as time passes.

• It is feasible for Council to provide the buildings into the ownership of a bona-fide 

association while the land remains with Council and funding (by reimbursement) is 

provided by the Council to assist in repairs/maintenance. That would be consistent 

with what is occurring with the ex CWA building at Port Kenny. 

• ABARE stats’ support the view that DC Elliston has an expanding senior population 

and a shrinking younger population and this is an important factor for the future of 

the facility, particularly as the older members of these groups become less active. 

• The Council has two active groups wishing to have ownership of this facility and 

they deserve to be rewarded for their efforts, however, I believe the Council should 

carefully consider all of the relevant factors before it before providing me with 

further direction. 

Action: I seek Council’s (detailed) direction on this matter. 

Application for Extension of Licensed Area at the Elliston Sports Centre 

I refer to the attached detail. 

Action I seek Councils direction on this matter 

Wirangu (2) Native Title Claim 

As per the attached; a Solicitors briefing then negotiations are scheduled for 25 and 26 

March 2010 and Council representatives are sought. 

Council will need to formally resolve who attends and provides representation on their 

behalf. 

Action: I seek Council’s nominations and direction on this matter 

FOR INFORMATION ONLY 

Centrex Mining – Update 

While this information has not been confirmed to us by Centrex, an ERDB update at the 

recent EPLGA meeting advised that their focus had now switched to the “Sheep Hill” Port 

Option and road transport via the Balumbah – Kinnaird road. 

OHS – Introduction of the One System Policies 

Council is aware that I have raised my concerns to LGAMLS Manager regarding the short 

time lines proposed for this process, the complexity and the wording within some of the 

proposed One System (across Local Government ) OHS policies. 

Thankfully Council has been supportive in regards provision of budgeting for an extra 

resource and the vetting, rewriting (if necessary) and implementation of these policies will 

be one of the key Responsibilities for the new DCEO. 

My concerns plus those of a South coast Council CEO resulted in an update being 

provided to all EP Council’s by the LGAMLS after the recent EPLGA conference. 

This was attended by our Deputy Chairman and me. Some of the most pertinent points to 

arise were: 

• The schemes own action is being forced by Safe-Work SA audits and via their 

expectations of significantly increased compliance.

• Compliance can only be demonstrated by very detailed paperwork trails for every 

activity. 

• If compliance is not satisfied then the schemes self insurers License is at Risk 

• Based on the most recent Audit, no EP Councils are fully compliant but some are 

further advanced than others 

• To generate and maintain the paper trail requires a large amount of resources and 

has high cost 

• It is likely that some EP Councils will require 2 to 3 years in order to be fully 

compliant 

• It appeared that only DCE Elliston and City of Whyalla fully appreciated how large 

and costly this task will be (potentially 10 to 15% of a small Council’s total operating 

budget is likely to eventually be consumed in this task). 

• Requests were made by all Council’s for greater levels of assistance from our 

Regional Risk Managers 

• I have requested the LGAMLS to make the same presentation to a future Council 

meeting. 

OHS – A Sign of Good Sense 

The attached article outlines a High Court decision that quashed a prosecution and set 

strict limits on the drafting of OHS prosecutions. 

Given the significant changes proposed for national OHS & W Legislation, this is a very 

positive sign that prosecuters must be very thorough in preparing their work and quite 

clear on what measures the defendants could and should have taken to avoid the 

occurrence. 

Elliston Stormwater Upgrade 

A well qualified Civil Engineer who has recently taken up residence in Ceduna has been 

approached to provide a detailed quote for assessment of the various management 

options and he has recently been on site to look over the town layout and existing storm 

water system. 

His on-site advice was very practical and it is expected that he will request us to arrange 

for a series of levels to be taken in order to fill gaps in the earlier report, prior to preparing 

a quote. 

D & N May – Complaint regarding the Processing of Development Application - 

933/011/10 

From time to time, errors do occur with information stored in Council files and with that 

supplied to Council by clients as do misunderstandings of conversations. 

Because the Planning and Development portfolio is extremely complex and few of us are 

fully conversant with every bit of the detail that must be considered when assessing an 

application, it requires a careful and formal approach and actions are not normally taken 

on the basis of phone conversations or incomplete data. 

Under normal circumstances both parties deal with any errors and misunderstandings it in 

a co-operative manner and they set about correcting the problem.

That corrective work is normally overseen by the most experienced/senior responsible 

person in (in this case EDAM) and if it cannot be resolved at that level, then it would 

normally be subject to internal review and then dealt with ‘in house” through the CEO, 

Chairman and Deputy Chairman. 

That two-step process then provides good opportunity for correction to occur and it affords 

protection to the reputations of all parties involved should the matter be difficult to resolve. 

However, as these particular complaints were aired in a public meeting, then a further 

letter of complaint was mailed to each Councillor, it now becomes necessary to provide the 

responses in the public forum. 

An in depth review was done by me and a preliminary report on the May’s complaints plus 

supporting documentation has been provided to the Chairman, Deputy Chairman and the 

May’s, who were also invited to provide me with any information which they felt may have 

been missed during preparation of the report. That report is available to Councillors on 

request. 

On 11 March, a further series of questions and demands was received from the May’s and 

I have attached my response plus the May’s (second) letter of complaint. 

Councillor Seaman – E Mail regarding Cost and Process Used for Undertaking an 

Independent Efficiency Assessment 

The attached e-mail has been passed to me and I offer the following comment for Council 

consideration: 

• The Council authorised the process and set aside $8,000 in its 2009/210 budget. 

• UHY-Haines Norton are well recognised Local Government Consultants and 

particularly for the quality of their work. 

• At short-notice Mr Bolaffi (UHY Haines Norton) had provided expert assistance to 

this Council’s Internal Audit Panel and that position allows him to gain a very 

detailed overview into a wide range of Council’s operations, policies and practices. 

• That type of insight simply could not be available to other consultants and while the 

timelines in which to add the Assessment into his other work schedule were very 

short, I felt that doing so would provide the best value to the Council’s future 

planning as the unique arrangement will allow for a very thorough assessment to be 

made. 

• I was mindful of budgets and the arrangement is for two successive sections of 

work to be undertaken over two Financial Periods at $6,000 each year. 

• In view of short timelines, it was not feasible to call for Public Tenders and not 

wanting to forgo a valuable opportunity, I put the proposal to the Chairman and 

Deputy Chairman and they agreed with it. 

• Cr Seaman obviously has strong views on this matter and he does not personally 

agree with what occurred, however, the Council’s Contracts, Tendering and 

Purchasing Policy does allow for this situation I.E. Page 4 “formal tender process to 

be undertaken unless it is not practical“and page 5 “the monetary limit for the 

provision of goods and services above which tenders must be called is $10,000 and 

above. The monetary limit will not apply if the Chief Executive Officer determines 

that it is impractical to call for tenders in the circumstances of a particular case.

• While it is always preferable to work within the usual guidelines of Council Policies, 

the above clauses cater for exceptional situations and this matter was first 

discussed with the Chairman and Deputy Chairman, whose collective 

responsibilities include providing a considered opinion to the CEO on behalf of the 

Council when such situations do arise. 

• Councillor Seaman previously commented that he was concerned because the 

“Assessor” was a “Black and White” Accountant type. As I don’t believe that Policy 

has been breached and nor has the 2009/10 budget limit, could the Councillor be 

concerned that that Mr Bolaffi might actually provide Council with an in depth, 

properly verified and well balanced report which highlights both our strengths and 

our weaknesses, and right across the “Governance” structure (i.e. CEO, Admin’ and 

Council)? 

The Council has periodically been made aware by me of various calculated risks 

being taken, weaknesses in our administration and Governance system, reactive 

management by descending priorities, reactive decision making rather than by 

strategic planning and the root cause of much of this is related to limited budgets, 

tight staffing levels and a high level of desire to place the Council in a good financial 

Position before reaching full compliance in other areas. Therefore I will be the most 

surprised of all if every one of these issues plus more were not included in Mr 

Bolaffi’s Report 

Venus Bay Caravan Park 

I have received the signed Lease and Sale Agreement documents from the Southern’s 

Solicitor. 

As the Agreements require the Southern’s to pay certain preparation costs, I previously 

forwarded them an invoice and suggested that Council would arrange for counter- signing 

upon receipt of their payment. At the time of preparing the agenda, no payment had been 

received. 

Port Kenny – Proposed Brackish Water Desalination Trial 

No further updates have been received from the interested company; however, they have 

been provided a full analysis of water at both of the likely locations for testing their plant. 

Contingency Planning 

Following on from Council resolution number 024-2010 I am awaiting responses from our 

Solicitors but hope to provided information and draft contracts to Councillors prior to their 

next meeting. If the Council does have queries or a particular concern, please provide 

them to me prior to the meeting so that I can then assemble further information. 

Recommendation: That the Chief Executive Officer’s Report as printed in the Agenda, 


Rob Gregor 

Chief Executive Officer

Monday 22 March 2010 - District Council of Elliston - SA.Gov.au

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