1 Adelaide Hills Council Minutes of Meeting Tuesday 17 January 2012 63 Mt Barker Road Stirling

1 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 17 JANUARY 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley

Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Peter Peppin Chief Executive Officer Tim Hancock Director Engineering Tim Piper Director Finance Vanessa Nixon Acting Manager Planning & Development Services Pam Williams Minute Secretary

1 Commencement The meeting commenced at 6.35pm.

2 Opening Statement

Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.

We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.

Mayor 14 February 2012 2 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 17 JANUARY 2012 63 MT BARKER ROAD STIRLING

3 Apologies/Leave of Absence

3.1 Apology

Moved Cr John Kemp Carried Unanimously S/- Cr Malcolm Herrmann 1

That the apology from Councillor Vonow for unavoidable absence be accepted and leave of absence from the meeting granted.

3.2 Leave of Absence Cr Luke Ritchie

4 Previous Minutes 4.1 Council Meeting 13 December 2011

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Jan-Claire Wisdom 2

That the minutes of the ordinary meeting held on 13 December 2011 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee Nil

4.2.2 Development Assessment Panel 6 December 2011

Moved Cr Jan Loveday Carried Unanimously S/- Cr Linda Green 3

That the minutes of the Development Assessment Panel meeting of 6 December 2011 as distributed, be received and noted.

4.2.3 Audit Committee Nil

5 Mayor’s Opening Remarks The Mayor welcomed back members from the festive break and wished members and Council the best in their endeavours for 2012.

6 Declaration of Interest by Members of Council Nil

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items Nil

7.2 Lying on the Table Nil

8 Petitions/Deputations/Public Forum 8.1 Petitions Nil

8.2 Deputations

8.3 Public Forum Mike Thomas re Highway Tourism Signage for Local Attractions in Lobethal

9 Presentations Nil

10 Officers’ Reports

Leave of the meeting was granted to move 12.1, Refinement of Access to Morgan Road Kersbrook, forward to this point on the agenda.

10.1 Sustainability Advisory Group 05.14.15 Chris Button

Moved Cr Ron Nelson Carried Unanimously S/- Cr Jan-Claire Wisdom 4

1. That the Council supports changes to the Adelaide Hills Council Sustainability Advisory Group (SAG) Terms of Reference, specifically:-

 An expansion of the role of SAG to recognise the two way exchange of information between SAG members and community groups with which they may be affiliated.  An expansion of the functions of SAG to include advice given by the group enabling council to meet its own Strategic Goals relating to sustainability as well as linking council documents with State and Federal sustainability objectives  An inclusion within the working relationships of SAG, to allow communication directly between the group and council employees

who are aiming to further the sustainability objectives of the Adelaide Hills Council, with the approval of the Director Engineering

2. That the Council endorses advertisement for public members of the second term of the Sustainability Advisory Group, as per the attached Terms of Reference 3. That staff write to the current members of the Sustainability Advisory Group;  Thanking them for their input to this group,  Advising them of the call for public members of the group and  Advising them that they are welcome to re-apply to be on the group if they so wish. 4. That a further report be provided to Council in March 2012 on the selection process.

The Chief Executive Officer, as Returning Officer, called for nominations.

Nominations were received for Crs Kemp & Bailey.

There being two nominations for the one position, the Returning Officer indicated that an election was necessary.

Arising from the election process, the Returning Officer declared Cr Bailey elected.

10.1.1 Appointment to the Sustainability Advisory Group

Moved Cr Simon Jones Carried Unanimously S/- Cr Linda Green 5

That Councillor Bailey be appointed to the Sustainability Advisory Group for a period of 12 months.

Nominations were received fro Crs Loveday, Nelson & Kemp

There being three nominations for the two positions, the Returning Officer indicated that an election was necessary.

Arising from the election process, the Returning Officer declared Crs Loveday & Kemp elected.

10.1.2 Appointment to assessment panel

Moved Cr Bill Gale Carried Unanimously S/- Cr Ian Bailey 6

That Councillors Loveday and Kemp be appointed to the assessment panel for review and/or interview of applications.

10.2 Review of GRFMA Charter 05.85.7 Peter Peppin

Moved Cr Bill Gale Carried Unanimously S/- Cr Kate Hosking 7

1. That Council notes the recommendations of the GRFMA Board, pursuant to Clause 17.3 of the Charter, to amend the Charter as proposed. 2. That, pursuant to Section 19(4) Part 2, Schedule 2, Local Government Act 1999, the Gawler River Floodplain Management Authority Charter be amended by the adoption of the draft amended Charter.

10.3 Fire & Emergency Services Act – Appointments 5.71.10 Chris Button

Moved Cr Ian Bailey Carried Unanimously S/- Cr Malcolm Herrmann 8

That, pursuant to Section 81(14) of the Fire and Emergency Services Act 2005 Council appoints:

 Rainer Kiessling  Stefan Kirkmoe  Dean Thomas  Doug Munn

as Authorised Officers, subject to the approval of the Chief Officer of the Country Fire Service.

10.4 Kerbside Green Organics Service – Implementation 04.21.8 Leah Maxwell

1. That Council endorses the public consultation for the Green Waste Bin Service. 2. A further report be presented to Council in March 2012 detailing the response to the consultation process and estimated costings for the provision of the services.

10.5 Awareness Raising of Local Government & Updating the Australian Constitution 10.85.12 Peter Peppin

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Jan Loveday 10

That Council 1. endorses the LGA of SA’s approach to funding awareness raising about Local Government, and an ALGA campaign for updating the Australian Constitution; 2. approves allocation of funds as proposed by the LGA in the 2011/12, 2012/13, 2013/14, 2015/16 and 2016/17 financial years to the LGA for this purpose; 3. notes that should a referendum supported by the ALGA not proceed that any funding allocated to the ALGA campaign and not spent will be returned to the Council; and 4. expects to be actively involved in both awareness raising and the referendum campaign with local activities.

10.6 Resolutions pursuant to By-Laws 15.13.2 Chris Button

Moved Cr John Kemp Carried S/- Cr Jan Loveday 11

That, pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, the Council resolves that clauses 8, 9.1.1, & 10.1.2 of By-Law 5 – Dogs, apply to the following areas:

The reserves, being the area(s) identified on pages 25 to 74 inclusive of the Council's Open Space Animal Management Plan dated March 2009, and amended following the Council resolution of 22 March 2011.

10.7 Delegations Review – January 2012, Development Act 12.9.1 Kylie Hopkins

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Kate Hosking 12

1. Revocations 1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following: 1.1.1 Development Act 1993 and the Development Regulations 2008 2. Delegations made under Development Act 1993 and the Development Regulations 2008 2.1 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993, the powers and functions under the Development Act 1993 and the Development Regulations 2008 specified in the proposed Instruments of Delegation contained in Appendix 2 (as amended), are hereby delegated this 17th day of January 2011 to the person occupying the office of Chief Executive Officer subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993. 2.2 Such powers and functions may be further delegated by the Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

11 Miscellaneous Items 11.1 Documents for Signing & Sealing Nil 11.2 Other Reports Nil

12 Motions On Notice 3/08/001 12.1 Refinement of Access to Morgan Road Kersbrook 14.67.5 Cr M Herrmann This item was discussed earlier in the meeting.

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Linda Green 13

That the Council resolution 10.1 (2) of 13 December 2011 be amended to require the Right of way area as shown in red on the plan attached to this report to be of sufficient width to permit walkers and horse riders to pass safely. The remainder of Morgan Road, to be held under a non-exclusive permit is to be 20 metres in width as currently exists.

12.2 Amy Gillett Bikeway 10.85.13 Cr Lynton Vonow

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Bill Gale 14

That Council discusses with the Department of Planning Transport & Infrastructure: 1. the option of a bicycle path being provided along Langbein Avenue and Station Road, Woodside, to facilitate the connecting of Stages 1 & 2 of the Amy Gillett Bikeway. 2. the importance of funding the building of the section of the Amy Gillett Bikeway between Tiers Rd and Onkaparinga Valley Rd along the former railway corridor, for the purpose of removing bicycle traffic from the busy intersection of Tiers Rd and Onkaparinga Valley Rd.

13 Motions Without Notice 3/08/002

13.1 Tourism signage for Lobethal

That Council writes to the Minister for Transport & Infrastructure and the South Australian Tourism Commission supporting the request for improved tourism signage for Lobethal.

That Mr Mike Thomas of Lobethal Fairyland Village be asked to liaise with the Lobethal businesses regarding wording and location of signs.

14 Questions / Councillor Reports

14.1 Questions on Notice

14.1.1 CWMS for Houghton/Inglewood 14.36.1 Cr Malcolm Herrmann

How far has the investigation into the provision of the CWMS for Houghton/ Inglewood, for which $50,000 was provided in the 2010/11 budget and carried forward into 2011/12 budget, progressed? Officer Response, Tim Hancock, Director Engineering In 2007, the Council received $100,000 in ‘seed’ funding from the State Government through the Local Government Association’s Community Wastewater Management Scheme (CWMS) Program to investigate the feasibility of developing a CWMS scheme for Houghton and Inglewood. The Council also received funding for investigating the feasibility of schemes for Uraidla and Mylor.

Feasibility studies and concept designs for each scheme were carried out. This included modelling the construction and whole-of-life costs to determine the fees that would need to be charged to scheme users to recover the system costs. At the time of considering its budget for 2009-10, the Council considered the capital construction costs to be prohibitive and the proposed ongoing fees were perceived to be higher than what the community would accept.

For the Houghton and Inglewood scheme, the up-front capital construction cost was estimated at around $4.5m in 2009. Whole-of-life costs, when converted to a cost per connection, were estimated at approximately $1,900 per year. As a consequence, the matter was held in abeyance and the remaining seed funding was ‘carried forward’ into subsequent Council Budgets.

The present intention is to use the remaining investigation seed funding to explore alternative and more cost-effective technical solutions, as well as reviewing the viability of the schemes in terms of the Council’s long-term financial position and exploring alternative funding sources. Staff are presently reviewing literature associated with the earlier investigations and designs and will work with consultants to progress this matter over the next six (6) months.

It is important to note that in recent years, the regulatory framework for managing CWMS has changed. The Environment Protection Authority takes a keen interest in the systems and its expectations on environmental outcomes is increasing.

Managing these systems is now much more technically complex and the reporting requirements more onerous, than in the past, resulting in higher costs and a greater demand on resourcing. The Council is having to rely more heavily on outside expertise to manage the systems. Staff are in the process of investigating the most appropriate ongoing management arrangements for CWMS.

8.32pm Cr Gale left the meeting room 8.34pm Cr Gale returned to the meeting room

14.2 Questions without Notice Cr Bailey, re blue line on Mt Barker Road, Stirling – responded by Director Engineering

14.3 Councillor Reports Cr Bailey re Scouts Car Rally Cr Gale re Australia Day 2012 Cr Green re community fund raising Mt Torrens Park Cr Jones re Tour Down under Press Club lunch

14.4 Chief Executive Officer’s Report The CEO gave a verbal Corporate Update.

15 Confidential items Nil

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 14 February 2012 from 6.30pm at 36 Nairne Road Woodside.

17 Close Council meeting The meeting closed at 8.50pm.

Mayor 14 February 2012 11 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 14 FEBRUARY 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Councillor Luke Ritchie Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Peter Peppin Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Tim Piper Director Finance Pam Williams Minute Secretary

2 Opening Statement

3 Apologies/Leave of Absence Nil

4 Previous Minutes

4.1 Council Meeting 17 January 2012

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Ian Bailey 16

That the minutes of the ordinary meeting held on 17 January 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2.2 Development Assessment Panel Special Meeting 24 January 2012

Moved Cr John Kemp Carried Unanimously S/- Cr Jan Loveday 17

That the minutes of the Development Assessment Panel special meeting of 24 January 2012 as distributed, be received and noted.

4.2.3 Development Assessment Panel 7 February 2012

That the minutes of the Development Assessment Panel meeting of 7 February 2012 as distributed, be received and noted.

5 Mayor’s Opening Remarks Nil

6 Declaration of Interest by Members of Council Cr Wisdom disclosed an interest in Item 10.3, Nomination to Libraries SA, as she is nominating for a board position with remuneration.

8.2 Deputations Nil

8.3 Public Forum

Moved Cr Ian Bailey Carried Unanimously S/- Cr Jan Loveday 19

That leave of the meeting be granted to extend the public forum to hear from Ms Fiona Challen re Scouts Rally SA and rallies in general.

Fiona Challen re Scouts Rally SA Sue Vivian re Scouts Rally SA Doug Rabig re Scouts Rally SA Tess O’Callaghan of Parks for Paws re Ombudsman’s Report & Animal Management Plan Leone Taylor, Off Leash, re Animal Management Plan consultation (Item 10.6)

Moved Cr John Kemp Carried Unanimously S/- Cr Ron Nelson 20

That the questions from the Public Forum be received and noted.

9 Presentations Nil

10.1 Election of Deputy Mayor 09.14.2 Peter Peppin

Moved Cr Ron Nelson Carried Unanimously S/- Cr Jan Loveday 21

That Council resolves to appoint a Deputy Mayor for a term of 1 year, from 22 February 2012 to 21 February 2013.

That an election be held and the CEO be the Returning Officer, and

a) That the Returning Officer is authorised to declare the successful candidate

Nominations were received for Crs Gale & Vonow.

There being two nominations for the one position, the Returning Officer indicated that an election was necessary.

Arising from the election process, the Returning Officer declared Cr Bill Gale elected as Deputy Mayor.

10.1.1 Process for electing Deputy Mayor 2012 09.14.2 Peter Peppin

Moved Cr Ian Bailey Carried Unanimously S/- Cr Luke Ritchie 22

That the process undertaken for the election of Deputy Mayor be endorsed.

10.2 Road Closure support for Stirling Autumn Garden Festival 2012 20.73.1 Nick Day

Moved Cr Kate Hosking Carried Unanimously S/- Cr Simon Jones 23

1. That the Council exercises the powers, pursuant to Section 33 of the Road Traffic Act 1961 (“the Act”) and Clause F of the Instrument for General Approval contained in the Minister’s Notice to councils dated 17 June 2006 (“the Minister’s Notice) to:

Pursuant to Section 33(1) of the Act, declare that the event described below as “the Event”, that is to take place on the road described below as “the Road”, is a Road Event to which Section 33 of the Act applies; and

Pursuant to Section 33(1)(a) of the Act, make an Order directing that any roads specified below be temporarily closed to traffic (except Emergency Service Vehicles, Council vehicles and participants vehicles authorised by the Council), during the Event and for the period commencing at 5:00am on 29 April 2012 and concluding at approximately 6:00pm on 29 April 2012.

“the Event” 2012 Stirling Autumn Garden Festival

“the Road” Druid Avenue, Stirling, between Mt Barker Road and Martha Street

Pursuant to Section 33(1)(b) of the Road Traffic Act 1961, make an order directing that persons taking part in the Event be exempt in relation to the road, from the duty to observe the Australian Road Rules specified below, subject to any conditions described below and the exemption.

Australian Road Rule: Condition: 221 Using hazard warning lights None 230 Crossing a road – general None

231 Crossing a road at pedestrian lights None 232 Crossing a road at traffic lights None 234 Crossing a road on or near a None crossing for pedestrians 237 Getting on or into a moving vehicle Getting on or into a moving vehicle – provided the vehicle does not exceed 5km/h 238 Pedestrians travelling along a road None (except in or on a wheeled recreational device or toy) 250 Riding on a footpath or shared path None 264 Wearing of seatbelts by drivers Wearing of seat belt by drivers – provided the speed of the vehicle does not exceed 25km/h 265 Wearing of seatbelts by Wearing of seat belts by passengers 16 years old, or older; passengers 16 years old, or older – provided the speed of the vehicle does not exceed 25km/h 266 Wearing of seatbelts by Wearing of seat belts by passengers under 16 years old passengers under 16 years old – provided the speed of the vehicle does not exceed 25km/h 268 How persons must travel in or on a How persons must travel motor vehicle in or on a motor vehicle – provided the speed of the vehicle does not exceed 25km/h 269 Opening doors and getting out of a Opening doors and getting vehicle out of a vehicle – provided the speed of the vehicle does not exceed 5km/h 298 Driving with a person in a trailer Driving with a person in a trailer – provided the speed of the vehicle does not exceed 25km/h

2. That the Council supports the closure of Mt Barker Road between Pomona Road and Merrion Terrance for the purposes of the Stirling Autumn Garden Festival and that staff take the necessary actions to progress this through the Department of Planning, Transport and Infrastructure and SA Police.

3. That the event organisers be required to submit, for the approval of Council staff, an Event Traffic Management Plan and that the organisers be required to engage the services of a properly qualified traffic control company to put any road closures and detours into effect.

7.25pm Cr Wisdom declared a conflict of interest as she is a nomination for a position receiving reimbursement, and left the meeting room

10.3 Nomination to Libraries Board SA 09.3.3 Peter Peppin

That Council advises the Local Government Association that it endorses Cr Jan-Claire Wisdom’s nomination to the Libraries Board of South Australia.

7.28pm Cr Wisdom returned to the meeting room

10.4 Ombudsman’s Response to Complaint from Ms T O’Callaghan 09.67.6 Peter Peppin

Moved Cr Malcolm Herrmann Carried S/- Cr Jan-Claire Wisdom 25

That the report be received and noted, and the CEO be delegated to respond to the Ombudsman as per this report.

10.5 S270 Internal Review of Council Decisions Summary Monthly Report 09.67.8 Tim Piper

Moved Cr Kate Hosking Carried Unanimously S/- Cr Linda Green 26

That Council notes the S270 Internal Review of Council Decisions Summary Report.

10.6 Dog Access Principles 05.37.2 Chris Button

Moved Cr Linda Green Carried Unanimously S/- Cr Jan Loveday 27

1. That Council resolves that the amended draft Guiding Principles for Dog Access on Council Reserves, including the standard definition for shared paths, proceed to stakeholder consultation. 2. That the Animal Management Plan Advisory Group considers the feedback from the consultation process and provides further advice to Council.

7.59pm Cr Hosking left the meeting room 8.02pm Cr Hosking returned to the meeting room

10.7 Code of Practice for Access to Council Meetings, Council Committees & Council Documents 13.87.1 Kylie Hopkins

Moved Cr John Kemp Lost S/- Cr Lynton Vonow

That the item be deferred for review of inclusion of “late items”.

That 1. Council authorises the release of the amended Code of Practice for Access to Council Meetings, Council Committees & Council Documents for public consultation. 2. Any substantive comments received be referred back to Council for consideration. 3. Subject to no substantive comments being received, Council authorises adoption of the policy.

10.8 Whistleblowers Protection Policy 13.87.1 Kylie Hopkins

Moved Cr John Kemp Carried Unanimously S/- Cr Linda Green 29

That the Whistleblowers Protection Policy & Procedures, as amended, be adopted.

11 Miscellaneous Items 11.1 Documents for Signing & Sealing 11.2 Other Reports Nil

12 Motions On Notice 3/08/001 Nil

13 Motions Without Notice 3/08/002 Nil

14 Questions / Councillor Reports 14.1 Questions on Notice Nil 14.2 Questions without Notice Cr Herrmann re LGA Report Cr Bailey re Natural Resources Officer Cr Gale re Riverview Road funding 14.3 Councillor Reports Cr Ritchie re webpage Cr Kemp re filming in Hills

15 Confidential items 15.1 CEO’s Performance Review, 2011 – Exclusion of the Public 12.20.3 Tim Piper

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Ron Nelson 30

Pursuant to Section 90(2) and (3)(d) of the Local Government Act 1999 an order be made that the public (with the exception of AME Consultant, Adam Kennedy) and Council staff, be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to :

(d) commercial information of a confidential nature (not being a trade secret) the disclosure of which –

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party

15.2 CEO’s Performance Review, 2011 – Confidential Item 12.20.3 Tim Piper

Moved Cr S/- Cr 31

Moved Cr S/- Cr 32

(withheld until released – see Tim Piper, Director Finance or Geri Watkins, Records Supervisor)

15.2.1 CEO’s Performance Review, 2011 – Period of Confidentiality 12.20.3 Tim Piper

Moved Cr Bill Gale Carried Unanimously S/- Cr Malcolm Herrmann 33

That Council resolves that an order be made under the provisions of Section 91 (9) of the Local Government Act 1999 that the documents, reports and minutes pertaining to this matter be kept confidential for up to 6 months, under Section 90 (3)(d):

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest;

That the Chief Executive Officer be authorised to release documents at the conclusion of the period of confidentiality.

That subject to Section 90 of the Local Government Act 1999 as amended, the public be readmitted to the meeting at the conclusion of this item.

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 28 February 2012 from 6.30pm at 63 Mt Barker Road, Stirling.

Mayor 28 February 2012

ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL MEETING 21 FEBRUARY 2012 HELD AT 63 MT BARKER ROAD STIRLING

Present: Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley

Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

No officers were in attendance

1. Commencement The meeting commenced at 6.03pm.

2. Opening Statement

3. Apologies/Leave of Absence 3.1. Apologies

Moved Cr Ian Bailey Carried unanimously S/- Cr Malcolm Herrmann

That the apologies from Councillors Ritchie & Vonow for unavoidable absence be accepted and leave of absence from the meeting granted.

Mayor ______28 February 2012

4. Declaration of Interest by Members of Council Nil

5. Business of the Meeting

5.1. CEO’s Employment Contract – Exclusion of the Public 12.21.2

Moved Cr John Kemp Carried unanimously S/- Cr Malcolm Herrmann

Pursuant to Section 90(2) and (3)(a) of the Local Government Act 1999 an order be made that the public and any staff be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to :

(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead).

5.1.1. CEO’s Employment Contract – Confidential Item 12.21.2

RELEASED 5 MARCH 2012

Moved Cr Jan Loveday Carried unanimously S/- Cr Jan-Claire Wisdom

That Council approves the request from the CEO to vary the termination date of his contract to 14 August 2012.

5.1.2. CEO’s Employment Contract – Period of Confidentiality 12.21.2

Moved Cr Malcolm Herrmann Carried unanimously S/- Cr Bill Gale

That Council resolves that an order be made under the provisions of Section 91 (9) of the Local Government Act 1999 that the documents, reports and minutes pertaining to this matter be kept confidential for up to 2 weeks, under Section 90 (3)(a):

5.2. CEO Selection Panel – Exclusion of the Public 12.21.2

Moved Cr John Kemp Carried Unanimously S/- Cr Linda Green

Pursuant to Section 90(2) and (3)(a) of the Local Government Act 1999 an order be made that the public and any staff be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to :

5.2.1. CEO Selection Panel – Confidential Item 12.21.2

RELEASED 5 MARCH 2012

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr John Kemp

That Council appoints the Mayor, Deputy Mayor, Cr Jan Loveday and Cr Jan-Claire Wisdom to the CEO Selection Panel and authorises the Panel to start the process of selecting a new CEO.

5.2.2. CEO Selection Panel – Period of Confidentiality 12.21.2

Moved Cr Linda Green Carried Unanimously S/- Cr Ian Bailey

That Council resolves that an order be made under the provisions of Section 91 (9) of the Local Government Act 1999 that the documents, reports and minutes pertaining to this matter be kept confidential for up to 2 weeks, under Section 90 (3)(a):

6. Close of meeting 6.34pm.

27 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 28 FEBRUARY 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Peter Peppin Chief Executive Officer Marc Salver Director Planning & Development Services Tim Piper Director Finance David Waters Acting Director Engineering Kylie Hopkins Minute Secretary Nick Day Manager External Relations & Marketing Dee O’Loughlin Manager Library & Customer Services

2 Opening Statement

Mayor 13 March 2012 28 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 28 FEBRUARY 2012 63 MT BARKER ROAD STIRLING

3.1 Apology

Moved Cr Ian Bailey Carried Unanimously S/- Cr Simon Jones 41

That the apology from Councillors Luke Ritchie and Lynton Vonow for unavoidable absence be accepted and leave of absence from the meeting granted.

3.2 Leave of Absence Nil

4 Previous Minutes 4.1 Council Meeting – 14 February 2012

That the minutes of the ordinary meeting held on 14 February 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Special Council Meeting – 21 February 2012

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Ian Bailey 43

That the minutes of the special ordinary meeting held on 21 February 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee – 21 February 2012

Moved Cr Bill Gale Carried Unanimously S/- Cr Ron Nelson 44

That the minutes of the Strategic Planning & Development Policy Committee meeting of 21 February 2012, as distributed, be received and noted.

4.2.2 Development Assessment Panel Nil

4.2.3 Audit Committee – 6 February 2012

Moved Cr Jan Loveday Carried Unanimously S/- Cr Kate Hosking 45

That the minutes of the Audit Committee meeting of 6 February 2012, as distributed, be received and noted, with the recommendations in Item 6.3 and 6.4 referred to Council (see Item 10.3).

6 Declaration of Interest by Members of Council Councillors John Kemp, Linda Green & Jan Loveday declared an interest in Item 10.2 – Request for Waiver of Compliance with part of the owner’s obligations under Land Management Agreement for Allotment 101, Stock Road, Mylor (previously part of Warrawong Wildlife Sanctuary), as they are members of Council’s Development Assessment Panel.

8.2 Deputations Fiona Challen – Rallies in the Hills This item was deferred until a later point of the meeting due to Ms Challen’s late arrival.

8.3 Public Forum Nil

9 Presentations Nil

10 Officers’ Reports 10.1 2011/12 Budget - Budget Review 2 07.11.13 Paul Francis

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr John Kemp 46

That the Budget Variations presented for Budget Review 2 (2011/12), showing a deficit of $57k, be adopted.

MATTER ARISING

That all budget review reports be presented to the Audit Committee for their consideration.

That with the leave of the meeting, item 8.2.1 be considered at this point of the meeting.

Item 8.2.1 was considered at this point of the meeting.

8.2.1 Deputation, Fiona Challen – Rallies in the Hills

Moved Cr John Kemp Carried Unanimously S/- Cr Jan-Claire Wisdom 49

That the deputation from Fiona Challen be noted and the content be considered during the forthcoming workshop regarding the proposed policy for events within the Council area.

7.34pm Councillors John Kemp, Linda Green & Jan Loveday declared an interest in Item 10.2 – Request for Waiver of Compliance with part of the owner’s obligations under Land Management Agreement for Allotment 101, Stock Road, Mylor (previously part of Warrawong Wildlife Sanctuary), as they are members of Council’s Development Assessment Panel.

10.2 Request for Waiver of Compliance with part of the owner’s obligations under Land Management Agreement for Allotment 101, Stock Road, Mylor (previously part of Warrawong Wildlife Sanctuary) 473/1003/11 Emma Barnes

That, having considered the request of Ms J E Searle and Ms A V Butler:

1. This matter be referred to CDAP for consideration. 2. Subject to no concerns being raised by CDAP in this regard, Council, pursuant to clause 5.2 of Land Management Agreement 10836952 between Starfull Investments Pty Ltd and Anthony Miller and Adelaide Hills Council, agrees to the waiver of the owners’ obligations in relation to clause 2.1.15 and the building envelope depicted in Annexure B of the Land Management Agreement, to permit the construction of a detached dwelling and domestic outbuilding in accordance with: • the request by Ms Butler and Ms Searle dated 16 February 2012 for Allotment 101 Stock Road Mylor; and • the dwelling site plan dated 12 September 2011, received by Council 3 November 2011, prepared by Oakford Homes as part of Development Application 473/1003/11; and 3. The Director Planning and Development Services be authorised to provide written communication of Council’s agreement to waive compliance with clause 2.1.15 of Land Management Agreement 10836952 to Ms J E Searle and Ms A V Butler.

7.37pm Councillors John Kemp, Linda Green & Jan Loveday returned to the meeting.

MATTER ARISING

Moved Cr Malcolm Herrmann Carried S/- Cr John Kemp 51

That the CEO considers a fee for a variation or waiver to a Land Management Agreement in the fees and charges schedule for 2012/13 and if so, that future Land Management Agreements include the provision for the charging of a fee.

10.3 Establishment of an Urban Trees Fund 03.71.23 Marc Salver

Moved Cr Bill Gale Carried Unanimously S/- Cr Jan Loveday 52

1. The Adelaide Hills Council establishes an Urban Trees Fund pursuant to Section 50B of the Development Act, 1993 (as amended), and that staff be authorised to undertake such actions as necessary to establish the fund in accordance with the aforementioned legislation. 2. Pursuant to Section 50B (3) of the Development Act 1993 (as amended), the “designated area” for the purposes of the Urban Trees Fund will comprise any Council-owned parks, reserves and other land on Council’s Community Lands Register located outside High Bushfire Risk Bushfire Protection Areas as shown on Figures AdHi(BPA)/1 to 14 in the 8 December 2011 version of the Adelaide Hills Council’s Development Plan.

10.4 Arts & Culture 18.21.1 Dee O’Loughlin

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr John Kemp 53

That Council:

1. Continue to be guided by the Brecknock audit 'strategies' as part of current program development and implementation including 'strategies' 2,3,5,6,7 identified in the Brecknock audit. 2. Review strategies 1 and 4 subject to budget discussions. 3. Endorse the Arts and Cultural program as set out in Appendix 2 of the Council report up to $10,000 as approved for 2011/12. 4. Consider a proposed budget for 2012/13 totalling $25,000 within the library and customer service area but accounted for separately, and subject to budgetary discussions and approval.

MATTER ARISING

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Ron Nelson 54

That a summary on the expenditure to date of the approved $10,000 be provided to Councillors, highlighting new items of expenditure.

10.5 Revised Capitalised Assets Policy 09.24.2.71 Paul Francis

1. Council adopts the revised Capitalised Assets Policy 2. The Capitalised Assets Policy be used for the accounting treatment of capitalised assets for future General Purpose Financial Statements.

12 Motions On Notice

Moved Cr John Kemp LOST S/- Cr Simon Jones

That Public Consultation Policy (Gov-11) and Public Notification Policy (Gov-12) be amended to specify that Category 3 Development Application Public Notices be published in the Courier and the Advertiser on Wednesday.

That the Category 3 Development Application Public Notices be double column width in both the Courier and Advertiser newspapers.

A Division was requested by Cr John Kemp

The Mayor set aside his ruling and called for a division.

In the affirmative (2) Councillors John Kemp, Simon Jones In the negative (8) Councillors Kate Hosking, Jan Loveday, Ian Bailey, Bill Gale, Ron Nelson, Jan-Clair Wisdom, Linda Green, Malcolm Herrmann

On the basis of the results of the division, the Mayor declared the motion LOST.

13 Motions Without Notice Nil

14 Questions / Councillor Reports 14.1 Questions on Notice Are Council’s Executive Directors or other senior staff reimbursed for remote internet access using their own internet service provider?

Officer’s Response – Tim Piper, Director Finance

Yes. In September 2005 the then ICT Manager prepared an administration policy, approved by the Management Executive Group on 15 September 2005, to reimburse up to $30 per month for home internet connections incurred by staff on the following criteria:

 Level and expectations of role  Previous after hours/out of office access demonstrated in excess of once per week  Demonstrated efficiency gain in excess of the cost of Council reimbursement  Expected ongoing, regular need for out of hours/home access to Council systems

Since 2005 the option to claim the reimbursement has been incorporated into the employment contracts of directors, senior managers and staff. It is only claimed when used, and is dependent upon proof of payment to the ISP concerned.

The reimbursement has recently been claimed by 4 directors, 7 managers and 2 ICT staff. There are 6 managers not presently claiming the reimbursement as they do not meet all four criteria.

14.2 Questions without Notice Cr Ian Bailey asked a question regarding Stakeholder Registration for Dog Access on Council Reserves Cr Malcolm Herrmann asked a question regarding Rural Property Addressing Cr John Kemp asked a question regarding Stakeholder Registration for Dog Access on Council Reserves

14.3 Councillor Reports Cr Ian Bailey presented a verbal report on the Inverbrackie Good Neighbour Council and The Summit. Cr Linda Green presented a verbal report on TVCC and the Uraidla Show. Cr Simon Jones presented a verbal report on The Hut.

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday, 13 March 2012, 6.30pm at 36 Nairne Road Woodside

17 Close Council meeting The meeting closed at 9.00pm

Mayor 13 March 2012 36 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 13 MARCH 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Mt Lofty Councillor John Kemp Councillor Lynton Vonow Onkaparinga Valley Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Stuart Boyd Manager Community Development Pam Williams Minute Secretary

2 Opening Statement Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.

3 Apologies/Leave of Absence 3.1 Apology

Moved Cr Ian Bailey Carried Unanimously S/- Cr John Kemp 56

That the apologies from Councillors Bill Gale, Luke Ritchie & Simon Jones for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 28 February 2012

That the minutes of the ordinary meeting held on 28 February 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2.2 Development Assessment Panel 6 March 2012

Moved Cr Linda Green Carried Unanimously S/- Cr Lynton Vonow 58

That the minutes of the Development Assessment Panel meeting of 6 March 2012 as distributed, be received and noted.

6 Declaration of Interest by Members of Council

Crs Loveday, Kemp & Green, being members of Council’s Development Assessment Panel (CDAP), disclosed an interest in Item 10.4, Development Assessment Fee Waiver – Uraidla Bowling Club, as this matter may be considered at a future CDAP meeting.

8.2 Deputations Nil

9 Presentations

9.1 Tim Hancock, Director Engineering 9.2 Mayor Spragg, SPDP Committee Chairman

10.1 Variation to Kyle Road, Mylor, sale proposal Paul Haylock 05.85.11

Moved Cr Ron Nelson Carried Unanimously S/- Cr Kate Hosking 59

That, further to the resolution made on 14 June 2011 concerning the acquisition of land adjacent the unmade Kyle Road, Mylor, road reserve:

1. Council notes that negotiations with Mr and Mrs Fine and the Aldgate Valley Landcare Group have progressed and that alternative land transfer arrangements have been explored. 2. Allotment 51 in the plan be acquired through negotiation by the Council as a road under the Roads Opening and Closing Act. 3. The remaining funds required to realign the northern section of the walking trail onto Kyle Road be made available from the funds contributed by the Aldgate Valley Land Care Group and Council’s operating budget. 4. That the Mayor and CEO be authorised to sign and affix the Council seal to any documents required to bring these recommendations into effect.

10.2 Proposed Easement – 30 Onkaparinga Valley Road, Verdun Alana Faber 14.16.71

Moved Cr Ian Bailey Carried Unanimously S/- Cr Lynton Vonow 60

1. Council approves the acquisition of an easement for infrastructure purposes over CT5147/751 (30 Onkaparinga Valley Road, Verdun). 2. Council pays for all survey and conveyancing costs for the registering of this easement, along with compensation to be paid to Mr Ordorcic and Ms Floyd to the amount of $6,500. 3. The Mayor and CEO be authorised to sign and affix the Council seal to any necessary documents that are required for the creation of this easement.

10.3 Proposed Easement – 11 Hillcrest Avenue, Crafers West Alana Faber 14.16.81

Moved Cr Jan Loveday Carried Unanimously S/- Cr Malcolm Herrmann 61

1. Council approves the acquisition of an easement for stormwater purposes over CT5404/430 (11 Hillcrest Avenue, Crafers West). 2. Council pays for all survey and conveyance costs for the registering of this easement, along with compensation to be paid to Ms Hutton to the amount of $3,000. 3. The Mayor and CEO be authorised to sign and affix the Council seal to any necessary documents that are required for the creation of this easement.

7.53pm Cr Loveday, Cr Kemp & Cr Green declared a Conflict of Interest in Item 10.4, Development Application Fee Waiver – Uraidla Bowling Club, as they are members of Council’s Development Assessment Committee (CDAP) and this matter may be considered at a future CDAP meeting, and left the meeting room.

10.4 Development Application Fee Waiver – Uraidla Bowling Club Sam Clements 473/871/11

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Malcolm Herrmann 62

That consideration of this item be deferred for approximately 4 - 5 months to allow the Development Application Fee Waiver Policy to be reviewed with a view to considering permitting any community not-for-profit organisations to be able to apply for fee waivers for development on any land.

8.20pm Cr Loveday, Cr Kemp & Cr Green returned to the meeting room.

11 Miscellaneous Items 11.1 Documents for Signing & Sealing 11.2 Other Reports

Having taken into account the Guiding Principles, the Mayor accepted the following Motion Without Notice.

13.1 World Environment Day 5 June 2012

Moved Cr John Kemp Carried Unanimously S/- Cr Kate Hosking 63

That Council asks the Sustainability Advisory Group to consider what Council might do to recognise World Environment Day on 5 June 2012.

14 Questions / Councillor Reports 14.1 Questions on Notice Nil

14.2 Questions without Notice Cr Herrmann – Barossa Valley Protection Districts DPA Cr Herrmann – Stage 3 of Amy Gillett Bikeway Cr Bailey – Response to Parks for Paws claim for compensation re dogs off leash in Stirling Linear Park

14.3 Councillor Reports Mayor Spragg – Birdwood Hall, Opening of Bookshed

14.4 Chief Executive Officer’s Report The Director Engineering gave a verbal Corporate Update.

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 27 March 2012 from 6.30pm at 63 Mt Barker Road, Stirling.

Mayor 27 March 2012 41 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 27 MARCH 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

In Attendance

Peter Peppin Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Tim Piper Director Finance Kylie Hopkins Minute Secretary Paul Haylock Manager Property & Buildings Chris Button Manager Health & Regulatory Services Leah Maxwell Waste Management Officer

1 Commencement The meeting commenced at 6.32pm

Mayor 10 April 2012 42 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 27 MARCH 2012 63 MT BARKER ROAD STIRLING

3 Apologies/Leave of Absence 3.1 Apology Nil

4 Previous Minutes 4.1 Council Meeting – 13 March 2012

That the minutes of the ordinary meeting held on 13 March 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

5 Mayor’s Opening Remarks The Mayor commented on the introduction of iPad’s The Council welcomed back Cr Bill Gale after a period of absence

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 D/A Fee Waiver Uraidla Bowling Club (deferred from 13 March until August 2012)

7.2 Lying on the Table

8 Petitions/Deputations/Public Forum 8.1 Petitions 8.1.1 River Torrens – Removal of Weeds & Reeds

1. The petition signed by Patricia Leopardi & 27 signatories regarding the Removal of Weeds & Reeds along the River Torrens be received. 2. Ms Leopardi be advised that as the issue is one over which the Council has no jurisdiction, the matter should be referred to the Adelaide and Mt Lofty Ranges Natural Resource Management Board.

8.2 Deputations Nil

8.3 Public Forum

Moved Cr Ian Bailey Carried Unanimously S/- Cr Jan Loveday 66

That the public forum section of the agenda be extended to 40 minutes in total, being five minutes per presentation.

Ms Julia Nixon regarding Targa Rally on Mt Bold Road, Bradbury Ms Fiona Challen regarding Car Rally questions Mr Tony Challen regarding Car Rallies Mrs Mary Allen, Treasurer, Stirling Community Shop Mr Peter McDowell regarding Green Waste Mr John Hill regarding Park and Ride Study Mr Barry Windle & Brenton Adcock regarding Sculpture Symposium Mr Gary Page regarding Lower Hermitage Road

That Item 9.1 be moved to the end of the meeting and Item 10 Officers’ Reports be considered at this point, in the order of 10.2, 10.1, 10.3, 10.7, 10.6, 10.8, 10.4, 10.5, 10.9, 10.10, 10.11.

10.2 Event Support for Adelaide Hills Tarmac Rally 2012 02.38.6 Nick Day – NB Revoked 24 April 2012

Moved Cr John Kemp Carried S/- Cr Simon Jones 68

That, subject to the organisers obtaining the written agreement of every resident along each planned special stage (reference CAMS Tarmac Rally Standing Regulations);

1. Council approves the holding of the Adelaide Hills Tarmac Rally 2012 2. Council advise SAPOL to proceed with issuing a Police Commissioners Road Closure Order. 3. Future events will be the subject of Council Policy to be developed in consultation with our community and the event organisers. 4. That the organisers be asked to conduct post-event community consultation and compile a report on its findings to be submitted to Council within 2 months of the end of the event.

8.39pm Cr John Kemp left the meeting room 8.41pm Cr John Kemp returned to the meeting room

10.1 Event Support for Scouts Rally SA 2012 02.38.6 Nick Day

8.36 pm Cr Ritchie left the meeting room. 8.39 pm Cr Ritchie returned to the meeting room.

That, subject to the organisers obtaining the written agreement of every resident along each planned special stage, and a risk assessment being provided for the new special stages;

1. Council approves the holding of the Scouts Rally SA 2012. 2. Council advise SAPOL to proceed with issuing a Police Commissioners Road Closure Order. 3. Future events will be the subject of Council Policy to be developed in consultation with our community and the event organisers. 4. The organisers be asked to clarify the specific “rolling” road closure times, having regard to the information provided in the Road Closure list 5. The organisers be asked to conduct post-event community consultation and compile a report on its findings to be submitted to Council within 2 months of the end of the event.

Item 10.3 was considered at this point of the meeting.

10.3 Green Organics Collection Service – Community Consultation Feedback 05.3.5 Leah Maxwell

Moved Cr Ian Bailey Carried S/- Cr Jan-Claire Wisdom 70

1. Council endorses the fortnightly green organics kerbside collection roll out for Urban Areas, Townships and other selected allotments. 2. A Green Organics Policy be developed that establishes criteria for the roll out of the Green Organic Service for adoption by Council by June 2012. 3. That a review of the services, in view of the EPA burning areas, be included with the report on the Green Organics Policy.

Item 10.7 was considered at this point of the meeting.

10.7 Lower Hermitage Road, Capital Improvements 14.64.1 David Waters

1. The Capital Works funding allocation for Lower Hermitage Road remain at $325,000 for 2011-12. 2. Having considered the relative risk and cost effectiveness, the funding be concentrated on improving the road condition and geometry in the southern section between Milbanca Road and Salem Bridge Road, including sections north of Salem Bridge Road, subject to budget limitations. 3. Minor works be undertaken on the northern section between Millbrook Road and Millar Road, to improve road user awareness and passing opportunities in the narrow areas. 4. Further improvement works on Lower Hermitage Road be considered as part of future budget deliberations.

Item 10.6 was discussed at this point of the meeting.

10.6 Future Use of Stirling Community Shop Site 16.51.2 Paul Haylock

That the Stirling Community Shop be offered a further lease over the site it currently occupies in Steamroller Park for a term of three years with the following additions:

1. The group is requested to be open to the public for a total of 22 hours per week. 2. All material left on the front veranda is to be removed daily. 3. A maintenance and removal of graffiti programme be put into place with graffiti painted over or removed within 7 days. 4. The building appearance to be kept to a high level, consistent with the Stirling main street. 5. Council work collaboratively with the Community Shop Committee on its future needs and requirements during the term of this lease.

10.8 Acceptance of Gift – Sculpture Symposium 17.31.1 David Waters

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Kate Hosking 73

1. Pursuant to Section 141(1) of the Local Government Act 1999, the Council accept as gifts, two (2) sculptures from Adelaide Hills International Sculpture Symposium Incorporated, on a date to be determined by the Chief Executive Officer, or delegate, in consultation with the Mayor. 2. The Council endorse locating the sculptures in Mill Square, Lobethal and in the lawns outside the Coventry Library, Stirling, with specific positioning determined by the Chief Executive Officer, or delegate, in consultation with the Mayor. 3. The Council agree, in-principle, to meet the unfunded costs of installing the sculptures accepted as gifts, at the proposed locations.

That Item 12.1 be brought forward to this point of the meeting.

12.1 Sculptural Symposium April 2012 – Public Art Acquisition

1. Council provides the balance of funds required, up to the value of $15,000, to supplement the amount raised by the Balhannah community to allow them to acquire and sponsor a public sculpture by the internationally renowned sculptor Silvio Apponyi, a local resident of Balhannah, for permanent installation on public display in that township as part of the Adelaide Hills Sculptural Trail. Funds to be sourced from re-allocation of unexpended funds in the 2011-12 capital works budget. 2. Subject to acceptance of the offer by the Adelaide Hills Sculpture Symposium Incorporated: a. Pursuant to Section 141(1) of the Local Government Act 1999, the Council accept the sculpture as a gift, on a date to be determined by the Chief Executive Officer, or delegate, in consultation with the Mayor. b. The Council endorse locating the sculpture in Balhannah, within the Balhannah Recreation Grounds, with specific positioning determined by the Chief Executive Officer, or delegate, in consultation with the Mayor. c. The Council agree, in-principle, to meet the unfunded costs of installing the sculptures accepted as gifts, at the proposed locations.

9.33pm The Council meeting broke for a short recess 9.45pm The Council meeting resumed

10.4 Possible Road Closure, Walkway between Priory Place and Sturt Valley Road, Upper Sturt 14.16.76 Alana Faber

Moved Cr Jan Loveday Carried Unanimously S/- Cr Jan-Claire Wisdom 76

1. Council approves the sale of the walkway between Priory Place and Sturt Valley Road, Upper Sturt to Mr R Mawson at current market value as determined by Council’s appointed valuer, on the basis that the walkway merge with Mr Mawson’s adjoining title (CT5526/410) and Mr Mawson meets all associated costs of the sale, with an easement to be

granted to Council for current stormwater drains that exist under the walkway. 2. An easement be authorised to be registered on the new title for Mr Mawson to cover Council’s stormwater infrastructure. 3. Subject to there being no objections arising from the Community Consultation process, Council authorise the Mayor and Chief Executive Officer to sign and seal all necessary documentation regarding the road closure and registering of the easement.

10.5 Proposed Easement – 66 Main Street, Lobethal 14.16.73 Alana Faber

Moved Cr Ian Bailey Carried Unanimously S/- Cr Bill Gale 77

1. Council approves the acquisition of an easement for stormwater purposes over CT5169/706). 2. Council pays for all survey and conveyancing costs for the registering of this easement. 3. The Mayor and CEO be authorised to sign and affix the Council seal to any necessary documents that are required for the creation of this easement.

10.9 Procurement & Purchasing Policy 09.63.1 Kylie Hopkins

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Jan Loveday 78

That Council adopts the amended Procurement & Purchasing Policy.

10.10 Elected Members Allowances & Support Policy 13.87.1 Kylie Hopkins

Moved Cr Linda Green Carried Unanimously S/- Cr Ian Bailey 79

That this item be deferred to a Council meeting in May.

10.11 Delegations Review – March 2012 12.9.1 Kylie Hopkins

That, having conducted its quarterly review of the Council’s Delegations Register, in accordance with Section 44(6) of the Local Government Act 1999, the Council:

1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following:

1.1.1 Community Titles Act 1996 1.1.2 Environmental Protection Act 1993 & the Environmental Protection (Waste Management) Policy 1994 1.1.3 Expiation of Offences Act 1996 1.1.4 Land & Business (Sale & Conveyancing) Act 1994 1.1.5 Liquor Licensing Act 1997 1.1.6 Local Government Act 1934 1.1.7 Local Government Act 1999 1.1.8 Unclaimed Goods Act 1987

2. Delegations made under Local Government Act 1999

2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999, the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 3 to 10 (each of which is individually identified as indicated below), are hereby delegated this 27th day of March to the person occupying the office of Chief Executive Officer, subject to the conditions and/or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

2.1.1 Community Titles Act 1996 2.1.2 Environment Protection Act 1993 & the Environmental Protection (Waste Management) Policy 1994 2.1.3 Expiation of Offences Act 1996 2.1.4 Land & Business (Sale & Conveyancing) Act 1994 2.1.5 Liquor Licensing Act 1997 2.1.6 Local Government Act 1934 2.1.7 Local Government Act 1999 2.1.8 Unclaimed Goods Act 1987

2.2 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

9 Presentations 9.1 Peter Peppin, Acting Chairman – AHBTC

10 Officers’ Reports The following reports, 10.1 to 10.11, were discussed at an earlier point of the meeting. 10.1 Event Support for Scouts Rally SA 2012 10.2 Event Support for Adelaide Hills Tarmac Rally 2012 10.3 Green Organics Collection Service – Community Consultation Feedback 10.4 Possible Road Closure, Walkway between Priory Place and Sturt Valley Road, Upper Sturt 10.5 Proposed Easement – 66 Main Street, Lobethal 10.6 Future Use of Stirling Community Shop Site 10.7 Lower Hermitage Road, Capital Improvements 10.8 Acceptance of Gift – Sculpture Symposium 10.9 Procurement & Purchasing Policy 10.10 Elected Members Allowances & Support Policy 10.11 Delegations Review – March 2012

11 Miscellaneous Items 11.1 Documents for Signing & Sealing Nil

11.2 Other Reports Nil

12 Motions On Notice 12.1 Sculptural Symposium April 2012 – Public Art Acquisition This item was discussed at an earlier point of the meeting.

14 Questions/Councillor Reports 14.1 Questions on Notice Nil

14.2 Questions without Notice Nil

14.3 Councillor Reports Cr Herrmann gave a brief report on the Cemetery Advisory Group Cr Loveday gave a brief report on the Arbury Park Annual General Meeting

14.4 Chief Executive Officer’s Report The CEO gave a verbal Corporate Update

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 10 April 2012 from 6.30pm at 36 Nairne Road, Woodside.

Mayor 10 April 2012 52 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 10 APRIL 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan Loveday Marble Hill Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Councillor Luke Ritchie Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Peter Peppin Chief Executive Officer Marc Salver Director Planning & Development Services Tim Piper Director Finance David Waters Manager Engineering & Assets Nick Day Manager External Relations & Marketing

2 Opening Statement

3.1 Apology

Moved Cr John Kemp Carried Unanimously S/- Cr Luke Ritchie 81

That the apology from Councillors Bailey, Hosking & Wisdom for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 27 March 2012

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Lynton Vonow 82

That the minutes of the ordinary meeting held on 27 March 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee 20 March 2012

Moved Cr Linda Green Carried Unanimously S/- Cr Ron Nelson 83

That the minutes of the Strategic Planning & Development Policy Committee meeting of 20 March 2012 as distributed, be received and noted.

4.2.2 Development Assessment Panel 3 April 2012

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Jan Loveday 84

That the minutes of the Development Assessment Panel meeting of 3 April 2012 as distributed, be received and noted.

4.2.3 Audit Committee 2 April 2012

That the minutes of the Audit Committee meeting of 2 April 2012, as distributed, be received and noted.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 D/A Fee Waiver Uraidla Bowling Club Deferred from 13 March until August 2012 7.1.2 Elected Members Allowances & Support Policy Deferred from 27 March until May 2012

8.2 Deputations 8.2.1 Ben Mumford re Old School Community Garden

8.3 Public Forum

Moved Cr Luke Ritchie Carried Unanimously S/- Cr John Kemp 86

That the period of the public forum be extended to allow each speaker 5 minutes.

Lyn Finch re Scout Rally Mo Johnson re Scout Rally T Challen re Rallies F Challen re Rallies W Johnson re Scout Rally

9 Presentations Nil

10 Officers’ Reports Nil

14.2 Questions without Notice Cr Herrmann re Bird in Hand Winery

14.3 Councillor Reports Cr Kemp re Stirling Districts Residents Association

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 24 April 2012 from 6.30pm at Town Hall, Albert Street, Gumeracha.

Mayor 24 April 2012 55

ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 24 APRIL 2012 GUMERACHA TOWN HALL, GUMERACHA

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Councillor Luke Ritchie Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Peter Peppin Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Tim Piper Director Finance Nick Day Manager External Relations & Marketing Pam Williams Minute Secretary

2 Opening Statement

Mayor 8 May 2012 56

3.1 Apology

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Luke Ritchie 87

That the apology from Councillor Nelson for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 10 April 2012

That the minutes of the ordinary meeting held on 10 April 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items

7.1.1 D/A Fee Waiver Uraidla Bowling Club (deferred from 13 March until August 2012) 7.1.2 Elected Members Allowances & Support Policy (deferred from 27 March until May 2012)

Mayor 8 May 2012 57

8.2 Deputations 8.2.1 Ms Michel Gray, Gumeracha Medieval Fair, 5-6 May 2012

8.3 Public Forum

That the Public Forum be extended to allow 5 minutes for each speaker.

Ms Karen Stanley, Lobethal Primary School, re traffic study Ms Val Hall re Gumeracha Library revitalisation Ms Joan Playford, Horse SA, re Morgan Road access Mr Martin Haese, Bay to Birdwood, re rallies and road closures Mr David Morgan, CAMS, re rallies Mr David Scullen, Fox Creek Road, re rallies & road signage Ms Maria Czupak, Mawson Road, re rallies & dust nuisance Mr Joe Frank, Hunters Road, re rallies Mr Rod Marshall, Birdwood, re road safety Shannon Street Ms Julie Nixon, Mt Bold Road, re rallies Ms Fiona Challen, re road closures & rallies Mr Terry Diamond, Gorge Road, re rallies Ms Kate Burke, Birdwood, re rallies Mr D Gray, Birdwood, re rallies Mr David Bradley, Black Snake Road, re rallies Mr Roger Long, re rallies Mr John Smith, Birdwood, rallies & TDU

Letter from Events SA read out by CEO

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Bill Gale 90

That Leave of the Meeting be granted to bring items 10.1 (Revitalisation of Gumeracha Library), 12.1 (Tarmac Rally) & 12.2 (Scouts Rally) forward on the agenda.

Mayor 8 May 2012 58

9 Presentations 9.1 Marc Salver, Director Planning & Development Services Deferred until later in the meeting after Items 10.1, 12.1 & 12.2 were discussed.

10.1 Revitalisation of Gumeracha Library 16.65.81 Dee O’Loughlin

8.21pm Cr Wisdom left the meeting room 8.23pm Cr Wisdom returned to the meeting room

Moved Cr Malcolm Herrmann Carried S/- Cr Jan-Claire Wisdom 91

1. That Council approves the adoption of the shared space model by Library & Customer Services and the Torrens Valley Community Centre. 2. That Council defers the capitalised budget item of $30,400 to effect the refurbishment, to Budget Review 3.

MATTER ARISING

10.1.1 Shared Foyer Space Gumeracha Library 16.65.81 Dee O’Loughlin

That the use of the shared foyer space be coordinated by a small working group with equal representation from TVCC, Library and Gumeracha Town Hall.

Agenda items 12.1 Motion on Notice re Tarmac Rally & 12.2 Motion on Notice re Scout Rally were considered at this point in the meeting.

10.2 S270 Monthly Summary 09.67.8 Tim Piper

9.43pm Cr Vonow left the meeting room.

Moved Cr Kate Hosking Carried Unanimously S/- Cr Jan Loveday 93

9.46pm Cr Vonow returned to the meeting room.

Mayor 8 May 2012 59

10.3 Building Inspection Policy Review 09.63.1 Zig Osis

That Council adopts the revised Building Inspections Policy.

10.4 East Waste – Revised Charter 05.14.5 Peter Peppin

1. The amended Charter for the Eastern Waste Management Authority be endorsed. 2. Once the endorsement of all Constituent Councils is obtained, a copy of the amended Charter be both Gazetted and provided to the Minister for State/Local Government Relations as required by clause 19(5) of Schedule 2 to the Local Government Act 1999.

11 Miscellaneous Items

11.1 Documents for Signing & Sealing Nil

12 Motions On Notice 3/08/001 The following items were considered earlier in the meeting.

Mayor 8 May 2012 60

12.1 Revocation of Council decision 27 March 2012, Event Support for Adelaide Hills Tarmac Rally 2012 02.67.5

Moved Cr John Kemp Carried S/- Cr Lynton Vonow 96

That the Council decision of 27 March 2012, Event Support for Adelaide Hills Tarmac Rally 2012, viz

That, subject to the organisers obtaining the written agreement of every resident along each planned special stage (reference CAMS Tarmac Rally Standing Regulations);

1. Council approves the holding of the Adelaide Hills Tarmac Rally 2012 2. Council advise SAPOL to proceed with issuing a Police Commissioners Road Closure Order. 3. Future events will be the subject of Council Policy to be developed in consultation with our community and the event organisers. 4. That the organisers be asked to conduct post-event community consultation and compile a report on its findings to be submitted to Council within 2 months of the end of the event.

be revoked.

12.1.1 Event Support for Adelaide Hills Tarmac Rally SA 2012 02.67.5

Moved Cr John Kemp Carried S/- Cr Malcolm Herrmann 97

That, noting that the organisers have acted in good faith and attempted to comply with Council's requirement to seek approval from residents along special stages (reference CAMS Tarmac Rally Standing Regulations) and reported back to Council with data showing general, but not unanimous, support from the residents available to be interviewed:

1. Council supports the holding of the event called Adelaide Hills Tarmac Rally 2012, in accordance with the routes as supplied to Council. 2. Council gives consent under Section 33 of the Road Traffic Act 1961 and will request SAPOL to proceed with issuing a Police Commissioners Road Closure Order. 3. Future events will be the subject of Council Policy to be developed in consultation with our community, State Government, CAMS and the event organisers. 4. That the organisers be required to conduct post-event community consultation and compile a report on its findings to be submitted to Council within 2 months of the end of the event.

Mayor 8 May 2012 61

12.2 Revocation of Council decision 27 March 2012, Event Support for Scouts Rally SA 2012 02.67.5

Moved Cr Malcolm Herrmann Lost S/- Cr John Kemp

I move that the Council decision of 27 March 2012, Event Support for Scouts Rally SA 2012, viz:

That, subject to the organisers obtaining the written agreement of every resident along each planned special stage, and a risk assessment being provided for the new special stages;

1. Council approves the holding of the Scouts Rally SA 2012 2. Council advise SAPOL to proceed with issuing a Police Commissioners Road Closure Order 3. Future events will be the subject of Council Policy to be developed in consultation with our community and the event organisers 4. The organisers be asked to clarify the specific “rolling” road closure times, having regard to the information provided in the Road Closure list 5. The organisers be asked to conduct post-event community consultation and compile a report on its findings to be submitted to Council within 2 months of the end of the event

be revoked.

14.2 Questions without Notice Cr Vonow re Council website and need for more obvious way of reporting problems Cr Herrmann re dates on consultation for Business Plan Cr Herrmann re Bird in Hand Winery Cr Bailey re disposal of batteries & compact fluoro tubes at Heathfield Refuse Depot Cr Loveday re waste disposal charges & opening times

Mayor 8 May 2012 62

14.3 Councillor Reports Nil

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 8 May 2012 from 6.30pm at 36 Nairne Road Woodside.

Mayor 8 May 2012 63 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL MEETING TUESDAY 2 MAY 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

In Attendance

Tim Piper Director Finance Megan Sutherland Manager HR

2.1 Apology Nil

4 Confirmation of CEO’s Contract Conclusion - Exclusion of the Public Personnel – Megan Sutherland

Moved Cr Kate Hosking Carried Unanimously S/- Cr Jan-Claire Wisdom 98

Pursuant to Section 90(2) and 90(3)(a) of the Local Government Act, 1999 and the provisions of the Local Government (Access to Meeting and Documents) Amendment Act 2002, an order be made that the public, with the exception of appropriate Council staff, Director Finance, Tim Piper, and Manager HR, Megan Sutherland, be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to:

(a) information the disclosure of which would involve the unreasonable disclosure concerning the personal affairs of any person (living or dead)

4.1 Confirmation of CEO’s Contract Conclusion – Confidential Item Personnel – Megan Sutherland

RELEASED 31 MAY 2012

Moved Cr Ian Bailey Carried Unanimously S/- Cr Ron Nelson 99

That Council accepts the resignation letter from the CEO, Peter Peppin, and confirms his conclusion date of Friday 25 May 2012.

4.1.1 Confirmation of CEO’s Contract Conclusion – Confidential Item Personnel – Megan Sutherland

That Council resolves that an order be made under the provisions of Section 91(7) of the Local Government Act 1999 that the documents, reports and minutes pertaining to this matter be kept confidential in accord with Section 90 (3)(a):

(a) information the disclosure of which would involve the unreasonable disclosure concerning the personal affairs of any person (living or dead);

That Council resolves in accord with Section 91(9) of the Local Government Act 1999 that the period of confidentiality be until the Manager HR has formally announced the results of the resolution, and that the Chief Executive Officer be authorised to release documents at the conclusion of the period of confidentiality.

4.2 Appointment of an Acting Chief Executive Officer – Exclusion of the Public 12.3.1 Mayor Spragg

Pursuant to Section 90(2) and 90(3)(a) of the Local Government Act, 1999 and the provisions of the Local Government (Access to Meeting and Documents) Amendment Act 2002, an order be made that the public, with the exception of appropriate Council staff, Director Finance, Tim Piper, and Manager HR, Megan Sutherland, be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to:

90(3)(a) information the disclosure of which would involve the unreasonable disclosure concerning the personal affairs of any person (living or dead);

4.2.1 Appointment of an Acting Chief Executive Officer – Confidential Item 12.3.1 Mayor Spragg

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Ron Nelson 102

That the motion be put.

That Council:

1. Appoints Mr Ray Pincombe to the position of Acting Chief Executive Officer for the period commencing Saturday 26 May 2012 through until Friday 29 June 2012. 2. Appoints Mr Tim Piper to the position of Acting Chief Executive Officer for the period commencing Saturday 30 June 2012 through until the Council appoints a new Chief Executive Officer.

4.2.2 Appointment of an Acting Chief Executive Officer – Period of Confidentiality 12.3.1 Mayor Spragg

Moved Cr Bill Gale Carried Unanimously S/- Cr Lynton Vonow 104

That Council resolves that an order be made under the provisions of Section 91(7) of the Local Government Act 1999 that the documents, reports and minutes pertaining to this matter be kept confidential in accord with Section 90 (3)(a):

(a) information the disclosure of which would involve the unreasonable disclosure concerning the personal affairs of any person (living or dead);

That Council resolves in accord with Section 91(9) of the Local Government Act 1999 that the period of confidentiality be until the contract negotiations are finalised, and that the Chief Executive Officer be authorised to release documents at the conclusion of the period of confidentiality.

Mayor 22 May 2012 70

ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 8 MAY 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Councillor Luke Ritchie Onkaparinga Valley Councillor Lynton Vonow (6.40pm) Councillor Malcolm Herrmann Torrens Valley

In Attendance

Peter Peppin Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Tim Piper Director Finance

2 Opening Statement

Mayor 22 May 2012

3.1 Apology

Moved Cr Luke Ritchie Carried Unanimously S/- Cr Malcolm Herrmann 105

That the apology from Councillor Green for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 24 April 2012

That the minutes of the ordinary meeting held on 24 April 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees Strategic Planning & Development Policy Committee 17 April 2012

That the minutes of the Strategic Planning & Development Policy Committee meeting of 17 April 2012 as distributed, be received and noted.

Development Assessment Panel 3 April 2012

That the minutes of the Development Assessment Panel meeting of 3 April 2012 as distributed, be received and noted.

Audit Committee Nil

Mayor 22 May 2012

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items D/A Fee Waiver Uraidla Bowling Club (deferred from 13 March until August 2012) Elected Members Allowances & Support Policy (deferred from 27 March until May 2012)

8.2 Deputations Nil

8.3 Public Forum Ms Joan Playford re Morgan Road, Kersbrook

9 Presentations 6.40pm Cr Vonow attended the meeting

9.1 Seniors Programs, Woodside & Aldgate – Anne Ellis 9.2 Library & Community Services – Tim Piper

10 Officers’ Reports Nil

Mayor 22 May 2012

Having taken into account the Guiding Principles, the Mayor accepted the following Motions Without Notice:

13.1 Park & Ride Options for AHC

Moved Cr John Kemp Carried Unanimously S/- Cr Simon Jones 109

1. That staff have discussions with ARTC and DPTI with regard the creation of more Park & Ride facilities including utilising the old Bridgewater Railway Station site. 2. That a report on the discussions be brought before Council at the 2nd Council Meeting in August 2012.

13.2 Use of Council land for Car Parking during Community Events

1. That staff develop a Council General Parking Policy which includes guidelines for the use of Council land for off-street car parking during Community events.

2. That a draft of the policy be brought before Council by November 2012.

A Division was requested by Cr John Kemp.

In the affirmative (9) Councillors Gale, Hosking, Jones, Kemp, Herrmann, Wisdom, Nelson, Vonow, Ritchie

In the negative (2) Councillors Bailey & Loveday

On the basis of the results of the division, the Mayor declared the motion CARRIED.

Mayor 22 May 2012

14.2 Questions without Notice

Cr Bailey re naming of park in Balhannah Cr Gale re Questions without Notice

14.3 Councillor Reports

Cr Hosking – Operation Flinders Cr Kemp – International Sculpture Symposium Cr Herrmann – Gumeracha Mediaeval Fair, Gumeracha Historical Society, Gumeracha Plaque unveiled for deceased policeman, Top of Torrens Gallery Cr Gale – Gumeracha Mediaeval Fair, Probus Club Conference Cr Bailey – Inverbrackie APOD, toys for children Cr Jones – Brecknock Report resulted in AHAA formation Cr Wisdom – International Sculpture Symposium Mayor Spragg – Rotary Photographic Exhibition, Pioneer Women’s Trail Walk/Run Lobethal 170 Year Celebrations, International Sculpture Symposium Cr Loveday – Citizenship at Stirling, RDA Meeting at Goolwa, International Sculpture Symposium

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 22 May 2012 from 6.30pm at 63 Mt Barker Road, Stirling.

Mayor 22 May 2012

75 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 22 MAY 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Peter Peppin Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Tim Piper Director Finance Nick Day Manager External Relations & Marketing Chris Button Manager Health & Regulatory Services Sharon Leith Sustainability Officer Kylie Hopkins Minute Secretary

Mayor 12 June 2012 76 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 22 MAY 2012 63 MT BARKER ROAD STIRLING

3.2 Leave of Absence

Moved Cr Jan Loveday Carried Unanimously S/- Cr Ian Bailey 111

That Councillor Jan-Claire Wisdom be granted leave of absence from 19 June 2012 to 17 July 2012.

4 Previous Minutes 4.1 Council Meeting – 8 May 2012

That the minutes of the ordinary meeting held on 8 May 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Special Council Meeting – 2 May 2012

That the minutes of the special council meeting held on 2 May 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.3 Reports of Committees 4.3.1 Strategic Planning & Development Policy Committee – 15 May 2012

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Ian Bailey 114

That the minutes of the Strategic Planning & Development Policy Committee meeting of 15 May 2012, as distributed, be received and noted.

4.3.2 Development Assessment Panel – 1 May 2012

That the minutes of the Development Assessment Panel meeting of 1 May 2012, as distributed, be received and noted.

5 Mayor’s Opening Remarks The Mayor reminded Elected Members and the Gallery about the role and responsibilities of Council.

The Mayor acknowledged the passing of Mr Milton Checker, previous Mayor of Gumeracha and his many years of service to Local Government.

The Mayor asked for any submission regarding the Budget Consultation process Nil

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 D/A Fee Waiver Uraidla Bowling Club (deferred from 13 March until August 2012) 7.1.2 Elected Members Allowances & Support Policy (deferred from 27 March until May 2012 – see Item 10.7)

8.2 Deputations Nil

8.3 Public Forum

That the Public Forum time allocation be extended to give all members of the gallery an opportunity to speak with each speaker allocated 3 minutes.

Brian Gilbertson – State Government Tim Knappstein – Local Resident/Business Owner Noel Probert – Deputy Editor, Adelaide Hills Magazine Tom Gilbert – Dealer Principal, Adelaide Hills Toyota Hamish Laurie – Owner/Winemaker, Deviation Road Winery Tim Possingham – SOON Marketing Joe Frank – Resident Mark Perry – Octagon Douglas Glover – Resident Andrew Booker – Resident Warren Eatts – Resident Phil Williams – Past Resident Dennis Simms – Ratepayer Kate Franz – Resident Michael Clements – Clerk of the Course, Tarmac Rally Morgan Smith – Volunteer Official, Adelaide Hills Rallies

Sean Bennett – Resident regarding Steamroller Park Toilets

Geoffrey Williams – Cudlee Creek Resident, regarding Television Tower at Cudlee Creek.

9 Presentations 9.1 Gawler River Floodplain Management Authority – Dr Bruce Eastick, Chairman & Dean Gollan, Executive Officer

That this item be deferred to a future meeting.

Moved Cr Ron Nelson Carried Unanimously S/- Cr Linda Green 118

That Leave of the Meeting be granted to bring Items 10.2 (Event Support for Supaloc Targa Adelaide Rally 2012) and 10.6 (Upgrade of Mt Gould Television re-transmission site from analogue to digital signal) to this point of the agenda.

Item 10.2 – Event Support for Supaloc Targa Adelaide Rally 2012 was discussed at this point of the meeting.

10.2 Event Support for Supaloc Targa Adelaide Rally 2012 02.38.6 Nick Day

Moved Cr Ian Bailey Lapsed for want of seconder S/- Cr

That the matter be deferred to the first Council meeting in June.

Moved Cr Bill Gale Carried S/- Cr Malcolm Herrmann 119

1. Council supports the holding of the Supaloc Targa Adelaide 2012 from 23 August to 26 August 2012 subject to the shortening of the Scott Bottom stage to finish before the Gurr Road intersection. 2. Council provides consent for the issuing of a road closure order pursuant to Section 33 of the Road Traffic Act 1961 for the Supaloc Targa Adelaide 2012. 3. The event organisers are advised that a post event report be provided to Council for consideration, within two months of completion of the event. 4. Future events will be the subject of Council’s Event Policy.

A Division was requested by Cr Bailey

In the affirmative (10) Councillors John Kemp, Simon Jones, Kate Hosking, Jan Loveday, Malcolm Herrmann, Linda Green, Jan-Claire Wisdom, Ron Nelson, Lynton Vonow, Bill Gale

In the negative (1) Councillor Ian Bailey

9.00pm The Council meeting adjourned for a short recess. 9.14pm The Council meeting resumed.

Item 10.6 – Upgrade of Mt Gould Television re-transmission site from analogue to digital signal was discussed at this point of the meeting.

10.6 Upgrade of Mt Gould Television re-transmission site from analogue to digital signal 16.51.15 Paul Haylock

That this item be deferred to a future meeting.

10.1 2011/12 Budget – Budget Review 3 07.11.13 Paul Francis

That the Budget Variations presented in Budget Review 3 (2011/12) be adopted.

10.2 Event Support for Supaloc Targa Adelaide Rally 2012 This item was considered earlier in the meeting.

10.3 Dry Area Application Support Lights of Lobethal 2012 02.38.4 Nick Day

That Council supports:

1. The Lights of Lobethal Committee by lodging a Dry Area Application for the Lights of Lobethal Festival 2012, with The Office of Liquor and Gambling Commissioner. 2. The Lights of Lobethal Committee in future Dry Area applications.

10.4 Report Youth School Holiday Program Driver Education: Proposed Road Closure for July 2012, October 2012 & April 2013 17.3.5 Mark deLange

That, pursuant to Section 33(1) of the Road Traffic Act 1961 and Clause F of the Instrument of General Approval of the Minister dated 12 March 2001, Council:

1. Declares that the Driver Education Programme that is to take place on Newman Road, Charleston is an event to which Section 33 of the Road Traffic Act 1961 applies 2. Makes an order directing that a section of Newman Road, Charleston, be closed to traffic for the period between 9.00am and 6.00pm, on 11 July 2012, 03 October 2012, and 24 April 2013 3. Makes an order directing that persons taking part in the event be exempt from the duty to observe the Australian Road Rules in relation to the road, subject to the following exemption:  Exemption to include all Australian Road Rules pertaining to Pedestrian Movement.

4. Makes an order directing that all vehicles except emergency and participant vehicles be excluded from the closed section of road for the period of the closure. 5. That signs indicating the road closures be placed in appropriate positions at least 3 weeks prior to the event.

10.5 Report Request for LMA Waiver – 3A Kareda Close, Balhannah 03.71.7 & 473/D48/07 Sam Clements

Moved Cr Jan Loveday Carried Unanimously S/- Cr Simon Jones 124

That Council, pursuant to clause 5.2 of Land Management Agreement 10826630 between Ronald Lynton Hanson and Dianne June Hanson and Adelaide Hills Council, agrees to the waiver of the owners’ obligations in relation to clauses 2.1, 2.2 and 2.7 (a) including the building envelope depicted in Annexure A of the Land Management Agreement, in order to permit the removal of “Tree Two” (Salix babylonica (Weeping Willow)) and the construction of a detached dwelling outside of the stipulated building envelope in accordance with the request from Mr and Mrs Hanson dated 26 April 2012.

10.6 Upgrade of Mt Gould Television re-transmission site from analogue to digital signals This item was considered earlier in the meeting.

10.7 Elected Members Allowances & Support Policy 13.87.1 Tim Piper

That Council adopts the Elected Members Allowance & Support Policy.

12 Motions On Notice Nil

14 Questions / Councillor Reports 14.1 Questions on Notice 14.1.1 Re-use of effluent from the Birdwood CWMS What progress has been made on the re-use of effluent from the Birdwood CWMS for which expressions of interest closed in February 2012?

Officer Response, Tim Hancock, Director Engineering Expressions of interest were advertised in December 2011 and letters were also sent to property owners in proximity of the treatment lagoons. Registrations closed on 20 January 2012 with four formal registrations being received. Council staff have worked with officers of the Environment Protection Authority and SA Health to determine which of the proposed uses were suitable and practical. This process involved site visits to two of the properties to assess the viability of the proposals.

Unfortunately three of the four proposal received have been ruled out by that process, however, discussion with the remaining proponent is encouraging. We are now awaiting detail of their proposal in writing prior to Council staff undertaking further investigations of that proposal.

We have informally been advised that there are other parties that are now showing interest in using this water, and it is likely that we will readvertise for expressions of interest to augment the potential water use that we may get from our remaining proponent.

14.1.2 Speed Limits on Unsealed Roads What is the State Government policy on placing speed limits on unsealed roads?. What is the procedure to challenge the policy?

Officer Response, Tim Hancock, Director Engineering The Department of Planning Transport & Infrastructure (DPTI) is responsible for setting speed limits on roads. In the absence of a posted speed limit, the default speed limits apply. These are: 50km/h in a built up area or 100km/h in non-built up areas.

DPTI’s approach for unsealed roads is generally not to post a speed limit. As such, if the road is not in a built up area, the default limit of 100km/h applies.

DPTI staff have explained that the reason for this position is that it is difficult to assess an appropriate speed limit to apply to unsealed roads, which have regularly changing conditions and where the road geometry regularly varies. Ultimately drivers are required by law to drive at a speed appropriate to the conditions. DPTI’s position on speed limit posting for unsealed roads is consistent with that applied by other road authorities across Australia.

Further, the posting of recommended speeds around bends on unsealed roads is also generally avoided. Again, the condition of unsealed roads varies too much to enable appropriate recommended speeds to be determined. In addition, if speed limits are posted on some unsealed roads, an expectation will arise that speed limits are posted on all unsealed roads.

Staff are of the view that DPTI’s position is appropriate for the reasons outlined above.

Should the Council wish to pursue the posting of speed limits and influence DPTI’s position on the matter, it would be appropriate for the matter to be raised with the Minister for Road Safety and the Minister for Transport.

14.1.3 Annual Report What was the outcome of the investigation (including possible savings) into producing an abridged version of the annual report in addition to the statutory annual report? Refer Council minute dated 13 December 2011.

Officer Response – Tim Piper, Director Finance A Summary Annual Report for 2010/11 was produced at a cost of $1270.50 for graphic design (plus staff time) after input from the Annual Report Committee which consisted of Peter Peppin, Tim Piper and Nick Day, and Councillors Jan Loveday, Jan-Claire Wisdom and Kate Hosking.

The completed summary has been placed on Council website. Copies have not been printed for hard copy circulation.

It is anticipated that this model/template will be used into the future, at a similar cost of production, to be placed on Councils website and circulated via email to stakeholders.

In previous years, in accordance with established practice Council paid to have copies of the full report printed for submission to the Ministers office and distribution to other interested parties as follows:

Year Pages Copies Print Cost 2007/08 232 plus cover 200 $2992.00 2008/09 167 plus cover 100 $1749.00 2009/10 192 plus cover 100 $1342.00

For 2010/11, eleven black and white copies (126 pages) were produced ‘in house’, as required, at a cost of $2.42 each.

As a template now exists for the summary annual report, it is expected that the cost to produce future summary reports will be reduced by approximately one third.

For future reports, it is expected that fewer than twenty full printed copies will be required, realising a likely saving for Council in the region of $400.

14.2 Questions without Notice Cr Herrmann – Barossa Protection Zone.

MATTER ARISING

Moved Cr Linda Green Carried Unanimously S/- Cr Bill Gale 126

That leave of the meeting be granted to consider the matter arising.

14.2.1 Gumeracha Library Refurbishment project

That the Director Engineering investigate if money is available within the Capital Projects Budget for the 2011/12 financial year for the Gumeracha Library Refurbishment project.

Cr Bailey – Stirling Library Lawns Cr Loveday – Cemeteries budget

14.3 Councillor Reports Cr Jan Loveday gave a verbal report on the Arbury Park quarterly council meeting. Cr Jan-Clair Wisdom gave a verbal report regarding her appointment to the Libraries Board of SA. Cr Malcolm Herrmann gave a verbal report regarding the Business Plan community consultation held at Gumeracha.

15 Confidential items 15.1 Appointments to Sustainability Advisory Group – Exclusion of the Public 05.14.15 Chris Button

Pursuant to Section 90(2) and (3)(a) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff – CEO, Peter Peppin, Director Engineering, Tim Hancock, Director Planning & Development Services, Marc Salver, Director Finance, Tim Piper, Manager Health & Regulatory Services, Chris Button, Sustainability Officer, Sharon Leith and Minute Secretary, Kylie Hopkins be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to Section 90(3):

(a) Information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (b) (living or dead);

15.1.1 Appointments to Sustainability Advisory Group – Confidential Item 05.14.15 Chris Button

RELEASED 22 JULY 2012

That Council appoints Mathew Curnow, Kirrilee Boyd, Sean Delaney, David Lloyd and Deborah Davidson as Community Representatives of the Sustainability Advisory Group, for a term of three years from 22 May 2012.

15.1.2 Appointments to Sustainability Advisory Group – Period of Confidentiality 05.14.15 Chris Button

That having considered this matter in confidence under section 90(2) and 90 (3)(a) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the appointment have been confirmed and all applicants advised, but not longer than two months, pursuant to section 91(9).

That, pursuant to section 91(9)(c) of the Local Government Act 1999, the Chief Executive Officer be authorised to release documents at the conclusion of the period of confidentiality.

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday, 12 June 2012, 6.30pm, 36 Nairne Road Woodside.

Moved Cr Ian Bailey Carried Unanimously S/- Cr Kate Hosking 131

That Council extends its best wishes to Mr Peter Peppin, CEO and thanks him for his 10 years of service to Council and the community.

Mayor 12 June 2012 87 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 JUNE 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Ray Pincombe Acting Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Tim Piper Director Finance Paul Haylock Manager Property & Building Leah Maxwell Waste Management Officer Pam Williams Minute Secretary

2 Opening Statement

3.1 Apology

That the apology from Councillor Kate Hosking for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 22 May 2012

That the minutes of the ordinary meeting held on 22 May 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2.2 Development Assessment Panel 5 June 2012

That the minutes of the Development Assessment Panel meeting of 5 June 2012 as distributed, be received and noted.

6 Declaration of Interest by Members of Council Crs Loveday, Kemp & Green disclosed an interest in Item 10.4, Objections to proposed Vodafone Tower at Ashton Oval, as they are members of Council’s Development Assessment Panel (DAP).

7 Matters Deferred for Further Consideration/Lying on the Table

7.1 Deferred Items 7.1.1 D/A Fee Waiver Uraidla Bowling Club (see Item 10.8) 7.1.2 Upgrade of Mt Gould Television re-transmission site from analogue to digital signal (see Item 10.3)

8.2 Deputations Nil

8.3 Public Forum Mr Geoffrey Williams, re television transmission tower & signal, Cudlee Creek Mr Joe Frank, re racing car rallies

9 Presentations 9.1 Mr Alistair Brown & Ms Cathy Farrent, Mt Lofty Community Sports Centre

10.1 Revitalisation of Gumeracha Library 17.36.3 Dee O’Loughlin

Moved Cr Malcolm Herrmann Carried S/- Cr Linda Green 135 That Council approves an additional capital budget item of $21,500 for 2011/12 to effect the refurbishment to implement the previously approved ‘shared space model’.

10.2 Donation to the Aboriginal & Torres Strait Islander War Memorial Committee 02.85.1 Nick Day

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Lynton Vonow 136 1. The Aboriginal and Torres Strait Islander War Memorial Committee be supported in their efforts to build the first national memorial of significance to Aboriginal servicemen and women. 2. A donation of $1,732 be made to the Aboriginal and Torres Strait Islander War Memorial Appeal to be paid from the 2011/12 Matched Funding Grant Funds.

MATTER ARISING

10.2.1 Recognition of Local Government’s support for War Memorial 02.895.1

That the Local Government Association be asked to seek recognition of Local Government’s support from the Committee.

10.3 Upgrade of Television Towers for Digital Signals – Mt Gould 16.51.16 Paul Haylock

Moved Cr Linda Green Carried S/- Cr Malcolm Herrmann 138 That Council

1. participates in a scheme to access the current Transmission Tower at Kersbrook/Mt Gould, below the 30 metre height, operated by Crown Castle Pty Ltd to provide digital television to the Kersbrook area 2. includes the sum of $49,600 for consideration in the Council budget for 2012/13 being the cost to decommission the current sites and establish the new service at Mt Gould plus the annual licence fee to set up at Mt Gould 3. negotiates access over the Crown Castle site and tower at Kersbrook/Mt Gould with the Mayor and CEO being authorised to sign and affix the seal to any documents required to implement the negotiation

10.3.1 Upgrade of Television Towers – request to Federal Government 16.51.16

Moved Cr Linda Green Carried Unanimously S/- Cr Malcolm Herrmann 139

That Council requests that the Federal Minister for Communications review the decision not to fund the upgrade of the re-transmission facility at Cudlee Creek to a digital service to provide local metropolitan South Australian content.

10.4 Objections to proposed Vodafone Tower at Ashton Oval 16.51.12 Paul Haylock

8.13pm Crs Green, Kemp & Loveday declared a conflict of interest as they are members of Council’s Development Assessment Panel, and left the meeting room.

Moved Cr Bill Gale Carried S/- Cr Malcolm Herrmann 140 That Council approves the lease, subject to:

1. Vodafone agreeing to a clause to be inserted in the lease that will require Vodafone to remove the tower and associated infrastructure should EME readings exceed those recommended as in the safe range by the World Health Organisation 2. Council agrees to a commercial lease as presented with the above clause inserted for a period of 5 + 5 + 5 + 5 years at the commercial rates as negotiated 3. Council providing lessor’s approval for the Tower to be installed within of the Ashton Oval leased area 4. Vodafone to seek the required planning approval for the proposed tower installation 5. should the matters in 1-3 be met, then the required land be surrendered from the leased area and classified as Community land in the community land register as “Civic Purposes - infrastructure”

8.16pm Crs Green, Kemp & Loveday returned to the meeting room. 10.5 Revocation of Community Land – Morialta Barns 16.30.8 Paul Haylock

Moved Cr Bill Gale Carried Unanimously S/- Cr Simon Jones 141

That: 1. the classification of Community land in respect to Morialta Barns at Lot 10 Colonial Drive Norton Summit, being the whole of the land in Certificate of Title Volume 5401 Folio 912, be revoked from the Community Land Classification under Section 194 of the Local Government Act 2. the said property be offered for sale by way of registrations of interest to be lodged following a 3 month period of marketing the property 3. the recommended submission in relation to sale be brought back to Council to approve the sale process and determine the form of sale and any associated conditions and benchmarks in terms of work schedule and financial investment as determined by Council 4. the Mayor and Chief Executive officer be authorised to affix the seal and sign any documentation that is required to achieve a sale of the property

10.6 Green Organics Service Implementation Policy 05.3.5 Leah Maxwell

Moved Cr Jan Loveday Carried Unanimously S/- Cr Lynton Vonow 142

That Council endorses the Kerbside Green Organics Service Implementation Policy.

MATTER ARISING

10.6.1 Extension of the provision of Green Waste Services 05.3.5

That the CEO have a report prepared on providing green waste services to communities such as Verdun, Cudlee Creek, Paracombe and Inglewood.

10.7 Draft Genetically Modified Crops Policy for Community Consultation 09.63.1 & 05.14.11 Marc Salver

That 1. the Draft Genetically Modified Crops Policy be released for community consultation for a period of six weeks 2. after the conclusion of the consultation period, a report on the matter be provided to Council for consideration.

10.8 Review of Council’s Development Application Fee Waiver Policy 03.63.9 Marc Salver

Moved Cr Ian Bailey Carried Unanimously S/- Cr Ron Nelson 145 That the Draft Revised Development Application Fee Waiver Policy be released for community consultation for a period of 4 weeks and that staff report back on the matter after the conclusion of the consultation period.

11 Miscellaneous Items 11.1 Documents for Signing & Sealing Nil 11.2 Other Reports

12 Motions On Notice 3/08/001

12.1 Additional Police Surveillance on selected Council Roads 20.67.2

That, in order to improve the safety on roads, the CEO writes to SAPOL Local Area Services Commander requesting that additional police surveillance be undertaken on Milan Terrace, Stirling, Fox Creek Road, Cudlee Creek, and Upper Sturt Road, Upper Sturt, to reduce the incidence of speeding.

12.2 Discontinuing the Adelaide Hills Council Calendar 20.67.2

Moved Cr Malcolm Herrmann LOST S/- Cr John Kemp

1. That the Council discontinues producing the Adelaide Hills Council Calendar resulting in an estimate savings of $24,000, and 2. That the CEO investigates whether groups which currently use the calendar as a promotional tool, should be assisted in promotional activities

A Division was requested by Cr Herrmann

In the affirmative (3) Councillors Herrmann, Kemp & Jones

In the negative (7) Councillors Nelson, Wisdom, Bailey, Loveday, Gale, Vonow, Green

On the basis of the results of the division, the Mayor declared the motion LOST

MATTER ARISING

12.2.1 Council Calendar Options Carried Moved Cr Ian Bailey 147 S/- Cr Jan Loveday

That Council investigates: - improving the calendar and making it more user friendly, and - options for sponsorship/funding

12.3 Naming unnamed reserve at Carawa Avenue, Balhannah 20.67.2

That, following local public consultation and there being no substantive objections, the unnamed park adjacent to Carawa Avenue, Balhannah (assessment no. 4226) be named as the Stan Camac Reserve, and a sign with the new name be erected which includes information on Mr Camac’s service to the community.

13.1 Community Shed, Uraidla

Moved Jan Loveday Carried Unanimously S/- Cr Ian Bailey 149

That, subject to development approval, Council supports the location of a Community Shed on Uraidla Park, Uraidla, assessment no 1504, 1181 Greenhill Road, Uraidla.

14.2 Questions without Notice Cr Kemp – Events Policy

9.29pm Cr Bailey left the meeting room

Cr Herrmann – Amy Gillett Bikeway

9.32pm Cr Bailey returned to the meeting room

Cr Herrmann – survey results Cr Vonow – Amy Gillett Bikeway

14.3 Councillor Reports Cr Green – Community conference Cr Loveday – RDA, Apple Industry Strategy Workshop Cr Jones – Community conference Cr Kemp – Stirling Linear Park Cr Gale – Lobethal Centennial Hall

14.4 Acting Chief Executive Officer’s Report Mr Pincombe, Acting CEO, advised that he has a potential conflict of interest with Adelaide Hills Region Waste Management Authority (AHRWMA) due to his involvement with Integrated Waste Services, and will not have any involvement with any matter to do with AHRWMA during his period as Acting CEO.

The Acting CEO gave a verbal Corporate Update.

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 26 June 2012 from 6.30pm at 63 Mt Barker Road Stirling.

Mayor 26 June 2012 96 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 26 JUNE 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Ray Pincombe Acting Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Tim Piper Director Finance Stuart Boyd Manager Community Development Kylie Hopkins Minute Secretary

Mayor 10 July 2012 97 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 26 JUNE 2012 63 MT BARKER ROAD STIRLING

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Linda Green 150

That the apology from Councillors Jan Loveday and Ian Bailey for unavoidable absence be accepted and leave of absence from the meeting granted.

3.2 Leave of Absence Cr Jan-Claire Wisdom

Moved Cr Kate Hosking Carried Unanimously S/- Cr Malcolm Herrmann 151

That Councillor Simon Jones be granted leave of absence from 10 July 2012 to 3 August 2012.

4 Previous Minutes 4.1 Council Meeting – 12 June 2012

That the minutes of the ordinary meeting held on 12 June 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee – 19 June 2012

That the minutes of the Strategic Planning & Development Policy Committee meeting of 19 June 2012, as distributed, be received and noted.

8.2 Deputations Nil

9 Presentations 9.1 Southern & Hills Local Government Association – Mayor Ann Ferguson, President & Graeme Martin, Executive Officer

10 Officers’ Reports 10.1 Request for Suburb Boundary Change between Upper & Lower Hermitage affecting Range Road North Residents 09.58.1 Marc Salver

That Council advises the seven affected property owners on Range Road North that it supports in-principle the proposed suburb boundary change for the seven affected properties on the eastern side of Range Road North to be included within the suburb of Upper Hermitage.

10.2 Review of Council’s Development Assessment Panel Independent Member Sitting Fees 09.14.4 Marc Salver

Moved Cr Malcolm Herrmann Lost S/- Cr Lynton Vonow

That the:

1. Sitting fees paid to Independent Members of the Development Assessment Panel be as follows:  Independent Presiding Member $500 (Excl. GST) per meeting  Independent Ordinary Members $380 (Excl. GST) per meeting 2. That the CEO investigate the feasibility of adjusting committee member sitting fees when elected members fees are reviewed and report back to Council.

Moved Cr Kate Hosking Carried S/- Cr Linda Green 155

That the:

1. Sitting fees paid to Independent Members of the Development Assessment Panel be as follows:  Independent Presiding Member $500 (Excl. GST) per meeting  Independent Ordinary Members $380 (Excl. GST) per meeting 2. CDAP sitting fees be reviewed in 12 months

10.3 Report Budget Community Consultation Feedback 07.11.12 Tim Piper

Moved Cr Simon Jones Carried Unanimously S/- Cr Malcolm Herrmann 156

That, in accordance with Section 123(6) of the Local Government Act, Council:

1. Receives the submissions, surveys and meeting summaries provided by its residents; and 2. Notes that the comments and results of the Community Consultation have been considered in finalising the 2012/13 Annual Business Plan and Budget.

7.16pm The Acting CEO, Ray Pincombe declared an interest in the following items and left the meeting room.

10.4 Council Subsidiary Budgets & Business Plans 2012/13 10.85 Tim Piper

That Council notes the:

1. Draft East Waste Budget for 2012/13 which incorporates a net operating deficit of $(59,243). 2. Adopted Annual Business Plan and Budget for Adelaide Hills Region Waste Management Authority which incorporates a net operating surplus of $36,000. 3. Draft Gawler River Floodplain Management Authority Budget for 2012/13 which incorporates a net operating deficit of $(159,772) (funded from cash reserves representing accumulated surplus) 4. Adopted Southern & Hills Local Government Association Budget and Action Plan for 2012/13 which incorporates a net operating deficit of $(8,345) (funded from cash reserves representing accumulated surplus).

10.5 2012/13 Fees & Charges 07.11.3 Tim Piper

1. The recommended Fees & Charges for Financial Year 2012/13 be adopted to apply on and from 1 July 2012 with the exception of the “Hiring of Woorabinda Environment Centre” and “Bushland Park Building” and the “Cemetery Fees” which are to be reviewed and reported back to Council. 2. In the interim, the fees for Bushland Park Building” and the “Cemetery Fees” remain as per the 2011/12 Fees & Charges.

7.36pm Acting CEO, Ray Pincombe returned to the meeting room.

10.6 Adoption of the 2012/2013 Business Plan & Budget and Rates 09.14.1 Tim Piper

4.1 Pursuant to and in accordance with Section 123(6) of the Local Government Act 1999 (“the Act”) and Regulation 6 of the Local Government (Financial

Management) Regulations 2011, having considered all submissions the Annual Business Plan as laid before Council for the financial year ending 30 June 2013 be adopted.

4.2 Pursuant to and in accordance with Section 123(7) of the Act and Regulation 7 of the Local Government (Financial Management) Regulations 2011, having considered the Budget in conjunction and determined the Budget to be consistent with, the Council’s Annual Business Plan, the Budget for the financial year ending 30 June 2013 as laid before the Council at this meeting, comprising:

1. Budgeted Income Statement; 2. Budgeted Balance Sheet; 3. Budgeted Statement of Changes in Equity; 4. Budgeted Cash Flow Statement; 5. A summary of operating and capital investment activities presented in a manner consistent with the note in the Model Financial Statements entitled Uniform Presentation of Finances; and 6. Estimates with respect to Council’s operating surplus ratio, asset sustainability ratio and net financial liabilities ratio presented in a manner consistent with the note in the Model Financial Statements entitled Financial Indicators

be adopted involving:

4.2.1 a total estimated operating expenditure of $36,293,000

4.2.2 a total estimate income from sources other than rates of $6,458,000

4.2.3 a total amount required to be raised from general rates of $27,914,000 (excluding NRM and Community Wastewater Management Systems Rates and Charges)

4.2.4 a total amount required by way of NRM and Community Wastewater Management Systems Rates and Charges of $1,963,000.

4.2.5 A total estimated capital expenditure of $7,891,000, (net of grant income) plus $1,737,100 of expenditure budgeted for 2011/2012 but incomplete and carried forward.

4.3 Determination and Adoption of Valuations – 2012/13

4.3.1 rates assessed on rateable land in the area of the Council will be based on the capital value of land for all rateable land.

4.3.2 Pursuant to Section 167(2)(a) of the Act the most recent valuations of the Valuer General available to the Council of the capital value of land within the Council’s area, be adopted for rating purposes for the financial year ending 30 June 2013, totalling $8,585,362,080.

4.4 Determination of Basis for Differential Rating

Having taken into account the general principles of rating contained in Section 150 of the Act and the requirements of S153(2) of the Act, and in order to raise the amount in paragraph 4.2.3, pursuant to Section 152(1)(c) of the Act the Council declares the basis of general rates for the financial year ending 30 June 2013 will consist of two components:

1. one being based on the value of the land; 2. the other being a fixed charge

Pursuant to Sections 153(1)(b) and 156(1)(a) of the Act the Council declares the following differential general rates for the financial year ending 30 June 2013 on rateable property within the Council area, based upon the capital value of the land and varying according to land use categories in accordance with Regulation 10 of the Local Government (General) Regulations 1999:

4.4.1 On rateable land assigned Category 1, 7, 8 & 9 (Residential, Primary Production, Vacant and Other), a rate of 0.2590 cents in the dollar of the capital value of such land;

4.4.2 On rateable land assigned Category 2, 3, 4, 5 and 6 (Commercial and Industrial) a rate of 0.2979 cents in the dollar of the capital value of such land.

4.5 Declaration of General Rates – Annual Fixed Charge

Pursuant to S 152(1)(c)(ii) of the Act and in accordance with the provisions of Section 152 of the Act, the Council declares a fixed charge of $390 in respect of all rateable land in the Council area for the financial year ending 30 June 2013.

4.6 Imposition of NRM Levy

In accordance with Section 95 of the Natural Resource Management Act 2004, and Section 154 of the Act, in order to reimburse the Council the amount contributed to Regional NRM Boards, the Council declares the following separate rates based upon the capital value of rateable land for the financial year ending 30 June 2013:

4.6.1 0.009065 cents in the dollar on all rateable land in the Council’s area and in the area of Adelaide and Mt Lofty Natural Resource Management Board;

4.6.2 0.010825 cents in the dollar on all rateable land in the Council’s area and in the area of the SA Murray-Darling Basin Natural Resource Management Board.

4.7 Annual Service Charge

Pursuant to Section 155 of the Act, for the financial year ending 30 June 2013 the Council imposes the following annual service charges based on the nature of the service and the level of usage of the service:

4.7.1 In respect of all land to which the Council provides or makes available the prescribed services known as:

 the Woodside Community Wastewater Management System  the Woodside Extension Community Wastewater Management System  the Birdwood and Mt Torrens Community Wastewater Management System  the Kersbrook Township Community Wastewater Management System  the Charleston Community Wastewater Management System  the Verdun Community Wastewater Management System  the Mt Lofty Ward Community Wastewater Management System

an annual service charge of $645 in respect of land which is occupied and an annual service charge of $445 in respect of land which is vacant.

4.8 Rebates

4.8.1 Rate Cap Pursuant to Section 153(3) and (4) of the Act and to provide relief against what would otherwise amount to a substantial change in rates payable by a ratepayer, the Council has determined to fix a maximum increase in general rates to be charged on any rateable land within its area which constitutes the principal place of residence of a principal ratepayer upon application by the principal ratepayer, in circumstances where:

 the general rates payable for the financial year ending 30 June 2013 have exceeded the general rates paid in the previous year by 15% or more

and where the increase in general rates is not as a result of:

(i) improvements made to the property worth more than $20,000; or (ii) a change to the land use of the property; or (iii) a change in ownership of the rateable property since 1 January 2011;

the amount of any cap being the difference between the amount of general rates in monetary terms imposed for the 2011/12 financial year and the amount of rates in monetary terms (after any rebate was applied but prior to deducting any pensioner concessions) for the 2012/13 financial year plus 15% of those rates.

Principal ratepayers with multiple assessments (such as primary producers) will be entitled to the rate cap only in respect of the assessment containing the principal place of residence of the principal ratepayer.

4.9 Separate Rate

Declaration of Separate rate – Stirling Business Separate Rate

4.9.1 Pursuant to Section 154 of the Act for the financial year ending 30 June 2013 in order to raise the amount of $72,500 to carry out the activity of promoting and enhancing business viability, profitability, trade and commerce in that part of the Council’s area comprising rateable land within the precinct known as the District Centre (Stirling) Zone and businesses fronting both sides of Mt Barker Road east of the District Centre (Stirling) Zone to Pine Street, excluding land attributed a land use category 1 (residential) and government owned land, the Council declares a differential separate rate of 0.09965 cents in the dollar on all other land uses based on the capital value of all rateable land within that part of the Council’s area.

4.9.2 In exercise of the powers contained in Section 158(1)(a) of the Local Government Act 1999 the minimum amount that is payable by way of this separate rate is $225 (affecting all properties within the area to which this separate rate applies for which the capital values is below $226,358)

4.9.3 In exercise of the powers contained in Section 158(1)(b) of the Local Government Act 1999 the amount that would otherwise be payable by way of rates in respect of this separate rate is altered by fixing the maximum amount of the separate rate payable at $2,000 (affecting all properties within the area to which this separate rate applies which have a capital value in excess of $2,012,072)

4.10 Payment of Rates

4.10.1 That pursuant to the provisions of Section 181 of the Act, the above mentioned rates including charges which have been imposed for the financial year ending 30 June 2013 are payable by four equal (or approximately equal) quarterly instalments (unless otherwise agreed with the principal ratepayer), falling due during the months of September and December 2012 and March and June 2013.

4.10.2 In exercise of the powers contained in section 44 of the Act, the Council hereby delegates this 26th day of June 2012 to the Chief Executive Officer of the Council the power pursuant to Section 181(2) of the Act to determine the day on which each instalment falls due in the months specified in part 4.10.1 of this resolution.

4.10.3 In exercise of the powers contained in section 44 of the Act, the Council hereby delegates this 26th day of June 2011 to the Chief Executive Officer of the Council the power pursuant to Section 181(4)(b) of the Act, to enter into agreements with principal ratepayers relating to the payment of rates in any case of hardship or financial difficulty.

MATTER ARISING

Moved Cr John Kemp Lost S/- Cr Malcolm Herrmann

That the recruitment of the Business Excellence Coordinator and HR Support Officer be delayed until the commencement of the new CEO.

10.7 S270 Internal Review of Council Decisions Summary Monthly Report

10.8 Delegations Review – June 2012

Moved Cr Bill Gale Carried Unanimously S/- Cr John Kemp 161

1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following: 1.1.1 Dog & Cat Management Act 1995 1.1.2 Fences Act 1975 1.1.3 Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005 1.1.4 Real Property Act 1886 1.1.5 Food Act 2001

2. Delegations made under Local Government Act 1999

2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999, the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 3 to 6 (each of which is individually identified as indicated below), are hereby delegated this 26th day of June 2012 to the person occupying the office of Chief Executive Officer, subject to the conditions and/or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

2.2.1 Dog & Cat Management Act 1995 (Appendix 3) 2.2.2 Fences Act 1975 (Appendix 4) 2.2.3 Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005 (Appendix 5) 2.2.4 Real Property Act 1886 (Appendix 6)

4. Delegations made under Food Act 2001

4.1 In exercise of the powers contained in Section 91 of the Food Act 2001, the powers and functions under the Food Act 2001 and specified in the proposed Instruments of Delegation contained in Appendices 7 are hereby delegated this 26th day of June to the person occupying the office of Chief Executive Officer (“the head of the enforcement agency” for the purposes of the Food Act 2001), subject to the conditions and/or limitations specified herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Food Act 2001.

4.2 Such powers and functions may be further delegated by the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Food Act 2001.

MATTER ARISING

Moved Cr John Kemp Carried Unanimously S/- Cr Bill Gale 162

That prior to Councils Delegations Review in September 2012, a workshop be held to discuss the delegations under review.

10.9 Register of Confidential Items

That, pursuant to Section 91(7) of the Local Government Act 1999, Council orders that the documents, reports and minutes pertaining to the following matters, including discussions and considerations, be retained in confidence for a period as specified below, pursuant to Section 91(9):

1. Council Meeting 6 July 2010 Birdwood Hall - Resolution of Boundary Issues Section 90(3)(d)(i) Remain confidential until negotiations for the grant of Right of Way and adjustment to easements are completed, but not longer than 6 months.

2. SPDPC Meeting 19 July 2011 Local Heritage DPA for Adoption Section 90(3)(m) Until public consultation of the Local Heritage DPA commences, or not longer than 6 months

3. Council Meeting 9 August 2011 Update on Magill Training Centre Land Section 90(3)(m) Until public consultation of the Local Heritage DPA commences, or not longer than 6 months

11 Miscellaneous Items 11.1 Documents for Signing & Sealing 11.2 Other Reports

14.2 Questions without Notice Cr Kemp – CEO Position

14.3 Councillor Reports Cr Malcolm Herrmann gave a verbal report about the Cemeteries Committee and the Upper Torrens Land Management Group Cr Simon Jones gave a verbal report about the Stirling Market and the Aldgate Traders sculpture donation. Cr Lynton Vonow reported on feedback received regarding the footbridge at Lobethal and his attendance at the Onkaparinga Lions event. Mayor Spragg gave a verbal report about his attendance at the opening of the Stephanie Alexander Garden Kitchen at Birdwood Primary School Cr John Kemp reported on feedback from the community regarding hoon drivers on Upper Sturt Road.

14.4 Chief Executive Officer’s Report The Acting CEO gave a verbal Corporate Update. The Mayor, Staff and Councillors expressed their thanks to Ray Pincome for acting in the position of CEO for the past five weeks.

8.24pm Cr Kemp left the meeting room 8.27pm Cr Kemp returned to the meeting room

15 Confidential Items 15.1 Service Agreement – the Hut Community Centre – Exclusion of the Public

Moved Cr Kate Hosking Carried Unanimously S/- Cr Lynton Vonow 164

Pursuant to Section 90(2) and (3)(b) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff – Acting CEO, Ray Pincombe, Director Engineering, Tim Hancock, Director Planning & Development Services, Marc Salver, Director Finance, Tim Piper, Manager Community Development ,Stuart Boyd and Minute Secretary, Kylie Hopkins be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to Section 90(3):

(b) Information the disclosure of which –

(i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

15.2 Service Agreement – the Hut Community Centre – Confidential Item 17.50.11 Stuart Boyd

RELEASED 7 SEPTEMBER 2013

That the CEO be delegated the authority to finalise with the Hut Community Centre a Headline Service Agreement along with schedules related to Core and Volunteer Support and Development based on:

 A net increase per annum of no more than 5.5%  That the Headline Agreement be for a four year term (2012/13 – 2015/16)  That targets and standards be relative to those expected of a Council contractor

15.3 Service Agreement – the Hut Community Centre – Period of Confidentiality

That having considered this matter in confidence under section 90(2) and 90 (3) (b) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the Agreement and each of the Schedules are signed, but not longer than 12 months pursuant to section 91(9).

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 10 July 2012 from 6.30pm at 36 Nairne Road, Woodside.

Mayor 10 July 2012 111 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 10 JULY 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan Loveday Marble Hill Councillor Kate Hosking Mt Lofty Councillor John Kemp Councillor Bill Gale Onkaparinga Valley Councillor Malcolm Herrmann Torrens Valley

In Attendance

Tim Piper Acting Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Paul Francis Acting Director Finance Chris Button Manager Health & Regulatory Services Pam Williams Minute Secretary

2 Opening Statement

That the apology from Councillors Lynton Vonow, Ian Bailey & Linda Green for unavoidable absence be accepted and leave of absence from the meeting granted.

3.2 Leave of Absence Cr Jan-Claire Wisdom Cr Simon Jones

4 Previous Minutes 4.1 Council Meeting 26 June 2012

That the minutes of the ordinary meeting held on 26 June 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee Nil 4.2.2 Development Assessment Panel 3 July 2012

Moved Cr Jan Loveday Carried Unanimously S/- Cr John Kemp 169

That the minutes of the Development Assessment Panel meeting of 3 July 2012 as distributed, be received and noted.

4.2.3 Audit Committee 25 June 2012

That the minutes of the Audit Committee meeting 25 June 2012, as distributed, be received and noted.

8.2 Deputations Nil

8.3 Public Forum

9 Presentations 9.1 Upper Torrens Land Management Project – Gerry Butler

10.1 Golf Links Rd Lobethal - Exclusion of vehicles 20.16.1 Chris Button

Moved Cr John Kemp Carried Unanimously S/- Cr Malcolm Herrmann 171

That pursuant to section 359 of the Local Government Act 1934 all vehicles except emergency vehicles, Council vehicles, vehicles associated with adjoining properties, and horses be excluded from that section of Golf Links Road, Lobethal commencing 520 metres south of the southern side of the intersection of Woodside Road and Golf Links Road extending for 1,970 metres and ending 50 metres north of the northern side of the intersection of Western Branch Road and Golf Links Road for the months of May to November inclusive of each year.

10.2 Cemetery Fees & Charges 7.11.3 Nick Day

That the Cemetery Fees do not increase for 2012/13 and remain the same as per the 2011/12 Fees & Charges.

10.3 HACC Program Service Agreement Consumer Participation Project No. 2392 07.41.2 Stuart Boyd

That Council agrees to receive this funding in support of a new Consumer Participation project related to the Hills Positive Ageing Project and that the Mayor & Acting CEO be authorised to sign & seal the HACC Program Service Agreement, Project 2392, Consumer Participation Project.

13 Motions Without Notice 3/08/002 Having taken into account the Guiding Principles, the Mayor accepted the following Motion Without Notice.

That Council supports the Upper Torrens Land Management Project by putting a link to the online voting for the National Landcare People’s Choice Award on the Council website.

14 Questions / Councillor Reports 14.1 Questions on Notice

14.1.1 Legislation re Smoking near Playgrounds & Bus Stops Cr Herrmann

1. How many playgrounds and covered transport stops are in the council area? 2. Does the legislation apply to playgrounds on land not owned/under control by the council? 3. Is it proposed to place signs near the areas subject to the legislation? If so, at whose cost? 4. Has consideration been given to declaring any council sponsored events or outdoor areas smoke free? 5. Who will enforce the legislation? 6. What, if any, are the implications for the 2012/13 budget?

OFFICER RESPONSE - Chris Button, Manager Health & Regulatory Services

Amendments to the Tobacco Products Legislation came into force on 31 May 2012. These amendments, among other things, made it an offence to smoke at a covered bus stop or within 10 metres of children’s play equipment in a public place.

Responses to the questions on notice are provided below;

1. Council has 29 playgrounds in the Council area. Bus shelters are an asset of the Department of Planning, Transport, & Infrastructure and we do not have records of the precise number of shelters in our area. However, as we do have a maintenance role with these shelters, we are currently conducting a condition audit of bus shelters in the Council area and this process will also provide information on the current number of shelters. 2. Yes the legislation applies to all play equipment in public places. Therefore it is an offence to smoke within 10 metres of play equipment where the public has access.

3. SA Health has launched an awareness campaign informing the public of these changes which includes; a. radio announcements b. notices in The Advertiser, metropolitan and regional newspapers c. communication through schools d. notices in buses, trams and trains and on the Adelaide Metro website e. notices have also been placed in the advertising hoardings of some bus shelters

4. Councils have the ability to declare areas smoke free. Such a declaration can be permanent (requires six months’ notice to the Minister) or temporary for an event (requires three months’ notice to the Minister). No consideration of such declarations has occurred to date.

5. Emphasis has been on educating people about the new smoke-free laws and changing community attitudes. SA Health's aim is to initiate a cultural shift to ensure a high level of compliance, rather than relying on direct enforcement. To date Police Officers and Tobacco Control Officers from SA Health are empowered to enforce the legislation. Councils can apply to have authorised officers under this legislation if they wish. Given that this legislation may be contentious in the first few months of implementation, it has been decided to monitor the compliance with these new rules before considering whether any of our officers should be authorised.

6. There are no implications for the 2012/13 budget.

14.1.2 Rural Property Addressing Cr Herrmann

1. Are there any roads/properties which have not been allocated rural property address numbers? If so, which ones, what are the reasons for the delay and when is the project estimated to be completed? 2. What is the final cost or estimated final cost of the project?

OFFICER RESPONSE – David Waters, Manager, Engineering & Assets

The Rural Property Addressing Program (RPAP) is essentially complete in the Adelaide Hills Council district. All of the roads identified by the (then) Department for Transport, Energy & Infrastructure (DTEI), have had rural addressing applied and address plates installed, in line with the original project scope.

During the project implementation, a number of road sections and individual properties that were deemed to be in street numbering areas (as opposed to rural numbering areas), were found to have not previously been allocated street numbers. While most cases have been addressed, staff continue to work on isolated cases which come to light, to ensure that every property in the district has a numbered address.

In respect to Range Road North and Range Road South, which are partly boundary roads between Adelaide Hills Council and the City of Tea Tree Gully, those properties on the Adelaide Hills Council side were allocated street numbering to match in with the numbering method previously allocated by the City of Tea Tree Gully on its side of the road.

It should be noted that the City of Tea Tree Gully was asked to consider renumbering its side of the road with rural style numbering (which would allow Adelaide Hills Council to do likewise), however, that Council declined to do so on the basis that its residents have long established street addresses and that there was no imperative to change the numbering system. DTEI then confirmed that the Adelaide Hills Council could not adopt a different numbering schema on the opposite side of the road, hence the need to allocate street numbering, rather than rural numbering. All properties along Range Road were advised of this in writing at the time of allocating numbers earlier this year.

The total cost of the program has been approximately $219,000, consisting of $177,000 in materials and contractor costs and around $42,000 in the estimated value of staff time to deliver the program.

14.1.3 Urban Tree Fund Cr Herrmann

1. Has an Urban Tree Fund been established? 2. If so, what is the balance of the fund as at 30 June 2012? 3. How many applicants have contributed to the Fund?

OFFICER RESPONSE - Marc Salver, Director Planning & Development Services

At its meeting on 28 February 2012, Council resolved to establish an Urban Trees Fund pursuant to section 50B of the Development Act 1993 (as amended).

In accordance with Section 50B(1), Council wrote to the Minister of Planning on 20 March 2012 seeking his approval to establish the Urban Trees Fund for our Council. To date we have not received a response. Note that the Department of Planning, Transport & Infrastructure (DPTI) will Gazette the establishment of the Fund for Council once the Minister has approved it. Once gazetted, Council will then be able to collect the required fees and use this for the planting of replacement trees in Council’s reserves and parks outside of high bushfire prone areas.

Therefore no fees in this regard have been collected to date by Council. However, it is noted that applicants applying for removal of significant or regulated trees have been undertaking replacement plantings on their own properties, and therefore were not required to pay the required fee of $75.00 per tree, which increased to $76.50 on 1 July 2012.

14.2 Questions without Notice Cr Kemp – Smoking Legislation Cr Herrmann – RSL correspondence re cenotaphs

14.3 Councillor Reports Cr Kemp – Stirling Main Street upgrade Mayor Spragg – National General Assembly, Inverbrackie

14.4 Chief Executive Officer’s Report The Acting CEO gave a verbal Corporate Update.

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 24 July 2012 from 6.30pm at 63 Mt Barker Road Stirling.

Mayor 24 July 2012 118 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 24 JULY 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan Loveday Marble Hill Councillor Kate Hosking Mt Lofty Councillor John Kemp Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Tim Piper Acting Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Paul Francis Acting Director Finance Paul Haylock Manager Property and Buildings Kylie Hopkins Minute Secretary

Mayor 14 August 2012 119 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 24 JULY 2012 63 MT BARKER ROAD STIRLING

That the apology from Councillor Jan-Claire Wisdom and Ian Bailey for unavoidable absence be accepted and leave of absence from the meeting granted.

3.2 Leave of Absence Cr Simon Jones

That Cr Malcolm Herrmann be granted a leave of absence from 7 August 2012 to 27 August 2012.

4 Previous Minutes 4.1 Council Meeting – 10 July 2012

That the minutes of the ordinary meeting held on 10 July 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

8 Petitions/Deputations/Public Forum 8.1 Petitions 8.1.1 Animal Liberation Inc (SA) – Adelaide Hills Rodeo

Moved Cr Ron Nelson Carried Unanimously S/- Cr Lynton Vonow 178

That the petition signed by 690 signatories, objecting to the “Rodeo and Family Fun Day” planned for Lobethal on the 17 th November 2012, be received.

8.2 Deputations David Ragless regarding Woorabinda Environment Centre

8.3 Public Forum Natalie Holman regarding proposed Rodeo at Lobethal Lisa Wilson regarding proposed Rodeo at Lobethal

That Council gives leave of the meeting to allow Janet Pedler to speak for 10 mins.

Janet Pedler regarding Woorabinda Buildings Jane Schoettgen regarding Woorabinda Buildings Alex Hodges regarding proposed Rodeo at Lobethal Kath Bowman regarding pedestrian rail crossing at Heathfield Lori Ragless regarding Woorabinda Buildings

9 Presentations 9.1.1 Max Stevens, Special Projects Consultant – Cycling Australia 9.1.2 Paul Francis, Acting Director Finance – ICT, External Relations & Marketing, Finance

That Council gives leave of the meeting to move item 10.4 to this point of the meeting.

10.4 Future Use of Woorabinda Buildings

That this matter be deferred to a future meeting to allow Elected Members to undertake an inspection of the site followed by a workshop.

10.1 Approval for East Waste to borrow from LGFA

That Adelaide Hills Council authorises the Board of East Waste to borrow from Local Government Finance Association a maximum of $2,595,000 to fund the 2012/13 Capital Program.

10.2 Mylor CFS Station – Resumption of Portion of Mylor Parklands and Rededication for CFS purposes

1. The parcel upon which the Mylor CFS building is erected (Allotment 5 in Deposited Plan 27749) be declared surplus to the Mylor parklands to enable the Minister for Sustainability, Environment and Conservation to revoke the dedication of the parklands, so far only as regards the fire station site and rededicate it under the care control and management of the Minister for Emergency Services for fire fighting purposes.

2. The Mayor and CEO be authorised to affix the seal and do all other things required to resume and rededicate the land under the care control and management of the CFS for fire fighting purposes

10.3 Summertown Institute Boundary Realignment

1. Council endorse the actions to correct the fencing issue at the Summertown Institute and approve the boundary realignment between Ms Allen and Ms Tonkin’s property and Council. Survey and legal costs to be paid by Council to re-align the boundaries on the certificate of titles for these two properties. No payment for the land is to be offered. A notional $1 may be recited in documentation.

2. The Mayor and CEO be authorised to sign and seal any documentation required to effect the boundary realignment.

10.4 Future Use of Woorabinda Buildings This item was discussed at an earlier point of the meeting.

10.5 Signing & Sealing of Blackspot Funding Deed

That Council:

1. Accepts the funding offer from the Black Spot Program for the installation of Guardrail along the priority sections (Stage 2) of Montacute Road Montacute.

2. Authorises the CEO to sign the Funding Deeds and any associated documents and to affix the seal of the Adelaide Hills Council.

12 Motions On Notice 12.1 Barossa Valley, Protection District Cr Malcolm Herrmann

That the Mayor write to:

• The Leader of the Opposition, Isobel Redmond MP • Member for Schubert, Ivan Venning MP • Shadow Minister for Urban Development & Planning, Hon David Ridgway • Opposition Members in the Legislative Council • The Greens • Family First; and • Independent members of the Legislative Council

advising council's opposition to the Barossa Valley Protection District Bill in its present form and seeks their support to exclude the area near Kersbrook from the operation of the Bill and that copies of correspondence which have been previously forwarded to the Minister for Planning and the DPTI be included in the letter.

12.2 Pedestrian Rail Crossing at Heathfield Cr John Kemp

That the Council agree, in principle, to the ARTC proposal to share the cost of the work to construct a pedestrian rail crossing at Bogaduck Road, on the basis that staff negotiate a Council contribution to cover only the cost of the materials for the crossing approaches and mazeway (excluding the rail crossing surface) up to a maximum contribution of $10,000.

14.2 Questions without Notice Cr Herrmann asked a question regarding funding for the Amy Gillett Bikeway section in Woodside. Cr Kemp asked a question regarding Rodeos being included as part of the Events Policy.

14.3 Councillor Reports Cr Linda Green gave a brief report on the Birdwood Hall

15 Confidential Items Nil

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 14 August 2012 at 36 Nairne Road, Woodside.

Mayor 14 August 2012 125 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL MEETING WEDNESDAY 1 AUGUST 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Mt Lofty Councillor John Kemp Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Tim Piper Acting Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Paul Francis Acting Director Finance Chris Button Manager Health & Regulatory Services

That the apology from Councillor Jan-Claire Wisdom for unavoidable absence be accepted and leave of absence from the meeting granted.

2.2 Leave of Absence Cr Simon Jones

4 Officers’ Reports 4.1 Lease Agreement between Adelaide Hills Council and Finding Workable Solutions Incorporated

That the Mayor & Acting CEO be authorised to sign & seal the Lease agreement between Adelaide Hills Council and Finding Workable Solutions Incorporated

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Jan Loveday Marble Hill Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley

2.1 Apology Cr Ian Bailey Cr Malcolm Herrmann

2.2 Leave of Absence Cr Malcolm Herrmann

3.2 Deputations

4 Business of the Meeting 4.1 Chief Executive Officer Selection – Exclusion of the Public

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Linda Green 190

Pursuant to Section 90(2) and (3)(a) of the Local Government Act 1999, an order be made that the public and all staff be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to Section 90(3):

(a) Information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead)

4.2 Chief Executive Officer Selection – Confidential item

RELEASED 17 AUGUST 2012

That Council ratifies the process of selection and the recommendation that Mr Andrew Aitken be appointed to the office of Chief Executive Officer of the Adelaide Hills Council, subject to finalisation and mutual acceptance of the contract and package.

4.3 Chief Executive Officer Selection – Period of Confidentiality

That having considered this matter in confidence under Section 90(2) and 90 (3)(a) of the Local Government Act 1999, the Council, pursuant to Section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the contract for engagement with the prospective Chief Executive Officer has been signed, and an announcement date has been agreed by all parties, pursuant to section 91(9).

5 Close Special Council meeting The meeting closed at 7.50pm.

Mayor 14 August 2012 131 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 14 AUGUST 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Jan Loveday Marble Hill Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow

Councillor Linda Green Torrens Valley

In Attendance

Tim Piper Acting Chief Executive Officer Tim Hancock Director Engineering Paul Francis Acting Director Finance David Waters Manager Engineering & Assets Deryn Atkinson Manager Development Services Chris Button Manager Health & Regulatory Services Sharon Leith Sustainability Officer Pam Williams Minute Secretary

2 Opening Statement

3.1 Apology

That the apology from Councillor Ian Bailey for unavoidable absence be accepted and leave of absence from the meeting granted.

3.2 Leave of Absence Cr Malcolm Herrmann

4 Previous Minutes 4.1 Council Meeting 24 July 2012

That the minutes of the ordinary meeting held on 24 July 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.1.1 Special Council Meeting 1 August 2012

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Ron Nelson 195

That the minutes of the special meeting held on 1 August 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.1.2 Special Council Meeting 8 August 2012

That the minutes of the special meeting held on 8 August 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2.2 Development Assessment Panel 7 August 2012

That the minutes of the Development Assessment Panel meeting of 7 August 2012 as distributed, be received and noted.

5 Mayor’s Opening Remarks

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 Future Use of Woorabinda Buildings Deferred from 24 July 2012 7.2 Lying on the Table Nil

8.2 Deputations 8.2.1 Mr David Ragless, Dog Management in District & Stirling Linear Park

8.3 Public Forum

Moved Cr Kate Hosking Carried Unanimously S/- Cr Ron Nelson 198

That the Public Forum be extended to allow all persons interested in speaking up to five minutes each.

Ms Tess O’Callaghan, Parks for Paws Ms Leone Taylor, Stirling Linear Park Ms Janet Pedler, Animal Management Plan Mr Philip Hicks, Friends of Stirling Linear Park Ms Jane Schoettgen, Stirling Linear Park Ms Alison Fenton, Stirling Linear Park Advisory Group Ms Marilyn Forward, Stirling Linear Park Ms Lori Ragless, Stirling Linear Park Ms Nita Clifton, re Stirling Linear Park

9 Presentations

9.1.1 Rural Land Management Advisory Group – Mr Cam Stafford, Presiding Member, & Mr Trevor Ranford, Member

10.1 Dog Access on Council Reserves 05.37.2 Chris Button

Moved Cr Linda Green Carried S/- Cr Ron Nelson 199

1. Council resolves to seek public comment on the recommendations from the Animal Management Plan Advisory Group, regarding:

 Draft Principles for Dog Access on Council Reserves  The following are examples of how these guiding principles may be applied: - 39 previously unassessed reserves (default access) - The Deanery, Bridgewater - Stirling Park, Stirling

2. A report be presented to the 23 October 2012 Council meeting outlining the feedback received as a result of this consultation process.

A Division was requested by Cr Kemp

In the affirmative (6) Councillors Loveday, Gale, Hosking, Green, Nelson, Vonow

In the negative (3) Councillors Jones, Kemp, Wisdom

10.2 Environmental Sustainability Framework 2012 Sharon Leith

Moved Cr Simon Jones Carried Unanimously S/- Cr Jan-Claire Wisdom 200

That Council endorses the Adelaide Hills Council Environmental Sustainability Framework – 2012.

10.3 Wastewater System Application Fee Refund Policy Alexis Black

That the Wastewater System Application Fee Refund Policy be adopted.

10.4 Revised Development Application Fee Waiver Policy for adoption & Uraidla Bowling Club DA Fee Waiver Request 03.63.9 473/871/11 Marc Salver

That Council adopts the Revised Development Application Fee Waiver Policy effective immediately.

8.25pm Elected Member representatives on Council’s Development Assessment Panel (Crs Green, Loveday, Kemp) declared a conflict of interest in item 10.4.1, as the Panel may consider the Development Application in the future, and left the meeting room.

10.4.1 Uraidla Bowling Club DA Fee Waiver Request

That Council agrees to the development application fee waiver request from Uraidla Bowling Club to the value of $528.50 for Development Application 473/871/11.

8.27pm Crs Green, Loveday & Kemp returned to the meeting room.

10.5 Review of the Liquor Licensing Policy 09.63.4 Marc Salver

Moved Cr Bill Gale Carried Unanimously S/- Cr Jan-Claire Wisdom 204

1. Council approves the Revised Liquor Licensing Policy for community consultation and that the period of consultation be six (6) weeks. 2. After the conclusion of the consultation period staff report the matter back to Council for consideration.

8.28pm Cr Gale left the meeting room

8.30pm Cr Gale returned to the meeting room

10.6 Blackspot Funding Offer – Avenue Road/Milan Terrace Intersection, Stirling 14.65.61 David Waters

That community consultation on a proposal to make improvements at the intersection of Avenue Road and Milan Terrace/Ayers Hill Road, including the installation of a roundabout, be undertaken.

That staff consider the community consultation and, subject to no substantive objections being received:

a. $158,000 be allocated toward the project; b. the State Government offer of $368,000 be accepted; and c. that the Mayor and Chief Executive Officer be authorised to sign and seal any documentation associated with executing the funding agreement.

12 Motions On Notice 3/08/001 12.1 Events with potential to cause harm to animals 02.67.6

Moved Cr Lynton Vonow Carried S/- Cr John Kemp 206

That the Adelaide Hills Council resolves that it does not support entertainment activities which involve the use of animals where there is potential to cause distress or harm to animals. Organizers of such events should comply with all RSPCA and Animals Australia recommendations and standards.

14.1.1 Stirling Linear Park buildings 16.6.8 Cr John Kemp

I believe that dialogue has begun with the Hut Community Centre and Conservation Volunteers Australia regarding their current and or proposed use of the buildings at Stirling Linear Park.

It was suggested to me by staff that an Information Report would come to Elected Members on this process and the potential utilisation of these buildings by those organisations.

Has this process begun and when should Elected Members expect the information Report?

Officer Response – Paul Haylock, Manager Property & Building

Following the workshop on Woorabinda buildings, contact has been made both verbally and in writing with the current tenant of the asbestos building, Conservation Volunteers Australia (CVA), to indicate that we would like to discuss arrangements with them to manage the Environmental Centre whilst occupying, on an exclusive basis, one of the rooms in that building. Two other rooms will remain available for use by the CVA or other hirers.

A meeting has been requested to define the management arrangements that Council is seeking and to resolve any issues of use. CVA will be offered a suitable Management Agreement and once agreement with CVA is reached, a report will be brought back to Council with a draft Management Agreement to outline the terms for CVA to manage the buildings.

The Hut has also been advised of the approach that Council is taking for the next year, and that the facility is able to be booked through the CVA once those arrangements are in place. In the interim, bookings can still be made with Property staff.

14.3 Councillor Reports Cr Kemp – SALA Art Festival Cr Loveday – Regional Development Australia Cr Jones – Local Government in USA Cr Wisdom – World Heritage cities in Europe

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 28 August 2012 from 7.30pm at 63 Mt Barker Road Stirling (following a Community Forum from 6.00pm).

Mayor 28 August 2012 139 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 28 AUGUST 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Mt Lofty Councillor John Kemp Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Tim Piper Acting Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Paul Francis Acting Director Finance Chris Button Manager Health & Regulatory Services Paul Haylock Manager Property & Buildings Kylie Hopkins Minute Secretary

2 Opening Statement

Mayor 11 September 2012 140 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 28 AUGUST 2012 63 MT BARKER ROAD STIRLING

That the apology from Councillor Jones for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting – 14 August 2012

Moved Cr Linda Green Carried Unanimously S/- Cr Bill Gale 208

That the minutes of the ordinary meeting held on 14 August 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee – 21 August 2012

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Bill Gale 209

That the minutes of the Strategic Planning & Development Policy Committee meeting of 21 August 2012, as distributed, be received and noted.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 Future Use of Woorabinda Buildings (Deferred from 24 July 2012 meeting)

8.2 Deputations Nil

8.3 Public Forum Mr Joe Frank regarding Car Rallies Ms Fiona Challen regarding Car Rallies

8.15pm Cr Vonow left the meeting room 8.18pm Cr Vonow returned to the meeting room

9 Presentations 9.1 Gawler River Floodplain Management Authority – Dean Gollan, Executive Officer & Bruce Eastick, Chairman

8.33pm Cr Bill Gale left the meeting room

That Item 10.4 be brought forward to this point of the Agenda.

8.35pm Cr Bill Gale returned to the meeting.

10.4 Television Services provided from Mt Gould and Cudlee Creek 16.51.16 Paul Haylock

1. Council notes this report and the responses from the Minister for Broadband Communications and Digital Economy and confirms its decision of 12 June 2012 to not upgrade the Cudlee Creek service. 2. The Acting CEO writes to the Federal Minister confirming Council’s decision, requesting that TXA provide one local commercial channel, in addition to the ABC.

Moved Cr Ian Bailey Carried Unanimously S/- Cr Jan-Claire Wisdom 212

That leave of the meeting be granted for Mr Geoff Williams to address Council.

Item 10.1 was discussed at this point of the Agenda.

10.1 Review of Additional Areas within Kerbside Green Organics Service Leah Maxwell

9.07pm Cr Kate Hosking left the meeting room 9.10pm Cr Kate Hosking returned to the meeting room

1. No action is taken to extend the service until it has commenced and collection routes are established 2. When the service has commenced and the collection routes are established green bin requests from properties outside of the collection areas are considered in accordance with the adopted policy 3. Council does not provide green bins to private cemeteries

10.2 Kersbrook Stone Reserve – Heritage Agreement Steven Brooks

1. Council approves an application for a Heritage Agreement over AHC land parcel H 105700 S 426 - Kersbrook Stone Reserve. 2. The Chief Executive Officer, or delegate, be authorised to take all necessary actions to bring the Heritage Agreement into effect. 3. That the Mayor writes to the Kersbrook Land Care Group and Trees for Life to acknowledge their outstanding efforts in preserving the ecology at the Kersbrook Stone Reserve.

10.3 Amendment to Land Management Agreement for 142 Mt Barker Road Aldgate – Brekedo Pty Ltd and Others 473/C1/11 Marc Salver

That Council grants consent to the:

1. Rescission of Amendment to Land Management Agreement No. 11363849 dated 2 March 2010 between Adelaide Hills Council, Brekedo Pty Ltd and others, allowing execution of the deed by the Mayor and CEO under the common seal of the Council. 2. Depositing of the Application to Note the Rescission of Amendment to Land Management Agreement No. 11363849, allowing execution of the Application to Note by the Mayor and CEO under the common seal of the Council. 3. New supplementary deed to Amend registered Land Management Agreement No. 10646879 dated 15 February 2007 between Adelaide Hills Council, Brekedo Pty Ltd and Ian Burwell Dodd, allowing execution of the deed by the Mayor and CEO under the common seal of the Council. 4. Depositing of the Application to Note Amendment to Land Management Agreement No. 10646879 against the whole of the land comprised in Certificate of Title Register book Volume 6059 Folio 338, Volume 6059 Folio 335, Volume 6059 Folio 336, Volume 6059 Folio 337, Volume 6059 Folio 339, Volume 6059 Folio 340, Volume 6059 Folio 341, Volume 6059 Folio 342 pursuant to section 57(5) of the Development Act 1993, allowing execution of the Application to Note by the Mayor and CEO under the common seal of the Council. 5. Certificate of Consent for the Amendment of a Deposited Community Plan pursuant to Section 223LH of the Real Property Act 1886, associated with Development Application 473/C1/11, allowing execution of the Consent by the Mayor and CEO under the common seal of the Council.

10.4 Television Services provided from Mt Gould and Cudlee Creek This item was discussed at an earlier point of the meeting.

12 Motions On Notice 12.1 Motion on Notice – Amendment of Council’s Resolution in relation to Urban Trees Fund Provisions 03.71.23

That Council amends resolution 52 (relating to Item 10.3) of its 28 February 2012 meeting by replacing the text in resolution 2 which states “any Council- owned parks and reserves located outside High Bushfire Risk Bushfire Protection Areas as shown on Figures AdHi(BPA)/1 to 14 in the 8 December 2011 version of the Adelaide Hills Council’s Development Plan” with the text “the whole of the Council area”, and adding another part to the resolution regarding where the monies be spent, such that the resolution now read as follows:

1. The Adelaide Hills Council establishes an Urban Trees Fund pursuant to Section 50B of the Development Act, 1993 (as amended), and that staff be authorised to undertake such actions as necessary to establish the fund in accordance with the aforementioned legislation. 2. Pursuant to Section 50B (3) of the Development Act 1993 (as amended), the “designated area” for the purposes of the Urban Trees Fund will comprise the whole of the Council Area. 3. Council endorses an internal procedure in relation to the Urban Trees Fund, requiring that all monies from the Urban Trees Fund only be applied to tree maintenance and/or tree planting on land which is, or to the purchase of land which will become, a Council-owned park or reserve located outside the High Bushfire Risk Bushfire Protection Areas as shown on Figures AdHi(BPA)/1 to 14 in the 12 April 2012 version of the Adelaide Hills Council’s Development Plan.

12.2 Environmental Sustainability Framework 2012

Moved Cr John Kemp Carried S/- Cr Lynton Vonow 217

That the Environmental Sustainability Framework – 2012 be amended as follows:

Strategic Theme, Biodiversity, Scope: Effective management of native vegetation and its habitat value on land under council care and control

Strategic Theme, Biodiversity, Principles: Targeted revegetation including where possible to enhance habitat value Conservation of remnant vegetation giving due regard to its habitat value Appreciating the habitat value of existing revegetation areas

Strategic Theme, Biodiversity, Preliminary council actions – 2012/13: Discussion paper on native vegetation assets including habitat value

The motion was put and CARRIED on the casting vote of the Mayor.

13 Motions Without Notice 13.1 Television Services provided from Mt Gould and Cudlee Creek Having taken into account the Guiding Principles, the Mayor accepted the following Motion Without Notice.

That the Acting CEO investigates how other Councils lobbied and whether they were successful in obtaining transmission towers for their communities.

14.2 Questions without Notice Cr Bill Gale asked a question regarding the next workshop at Woodside. Cr John Kemp asked a question regarding the Draft Guiding Principles for Dog Access on Council Reserves.

14.3 Councillor Reports Nil

14.4 Chief Executive Officer’s Report Nil

9.47pm The Council Meeting broke for a short recess 9.56pm The Council Meeting resumed

15 Confidential items 15.1 Tender 29/12 Bituminous Products Contract – Exclusion of the Public Russell King

Pursuant to Section 90(2) and (3)(k) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff – Acting CEO, Tim Piper, Director Engineering, Tim Hancock, Director Planning & Development Services, Marc Salver, Acting Director Finance, Paul Francis and Minute Secretary, Kylie Hopkins be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to Section 90(3):

(k) tenders for the supply of goods, the provision of services or the carrying out of works;

15.1.1 Tender 29/12 Bituminous Products Contract – Confidential Item

RELEASED 31 OCTOBER 2012

Moved Cr Bill Gale Carried Unanimously S/- Cr Malcolm Herrmann 220

1. Tender 29/12 for Bitumen Products be awarded to Fulton Hogan.

2. Council notes the contract is for a period of three (3) years with provision for rise and fall of the contract rates based on a formula linked to movements in relevant price indicies.

3. Council delegate authority for the authorisation of purchase orders under the contract, up to the total nominal contract sum, to the Chief Executive Officer or delegate.

15.1.2 Tender 29/12 Bituminous Products Contract – Period of Confidentiality Russell King

Moved Cr John Kemp Carried Unanimously S/- Cr Ian Bailey 221

That having considered this matter in confidence under section 90(2) and 90 (3)(k) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the tender is finalised, but not longer than 12 months, pursuant to section 91(9).

15.2 Sale of Land – Exclusion of the Public Paul Haylock

Pursuant to Section 90(2) and (3)(b) (i) and (ii) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff – Acting CEO, Tim Piper, Director Engineering, Tim Hancock, Director Planning & Development Services, Marc Salver, Acting Director Finance, Paul Francis, Manager Property & Buildings, Paul Haylock and Minute Secretary, Kylie Hopkins be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to Section 90(3)(b) (i) and (ii):

(b) Information the disclosure of which –

15.2.1 Sale of Land – Confidential Item

RELEASED 20 DECEMBER 2013

1. The property at 90a Onkaparinga Valley Road Balhannah be placed back on the market with Jones Lang LaSalle for a period of 6 months for an asking price of $300,000 and the CEO be authorised to accept an offer of not less than $260,000.

2. Should a sale be proposed that incorporates the “Thoroughfare” this be considered at a sale price of $20,000 reserving easements for any infrastructure currently in the ground and with Council to ensure there are satisfactory arrangements for pedestrians to access the main road from the subdivision at the rear of the parcel. A road closing under the Roads Opening and Closing Act would be required for this option.

3. The Mayor and CEO be authorised to sign and affix the Council seal to associated documents to complete the sale, should a sale be achieved.

15.2.2 Sale of Land – Period of Confidentiality Paul Haylock

Moved Cr Ron Nelson Carried Unanimously S/- Cr Ian Bailey 224

That having considered this matter in confidence under section 90(2) and 90 (3)(b) (i) and (ii) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence for one year or until the sale has been finalised, but not longer than 12 months pursuant to section 91(9).

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 11 September from 7.30pm at 36 Nairne Road Woodside, following a Community Forum to be held at 6.00pm.

17 Close Council meeting The meeting closed at 10.05pm

Mayor 11 September 2012 151 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 11 SEPTEMBER 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor John Kemp Mt Lofty

Councillor Lynton Vonow Onkaparinga Valley Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Tim Piper Acting Chief Executive Officer Tim Hancock Director Engineering Marc Salver Director Planning & Development Services David Waters Manager Engineering & Assets Pam Williams Minute Secretary

2 Opening Statement

Mayor 25 September 2012

152 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 11 SEPTEMBER 2012 36 NAIRNE ROAD WOODSIDE

3.1 Apology

Moved Cr Ron Nelson Carried Unanimously S/- Cr Ian Bailey 225

That the apology from Councillors Gale, Hosking & Jones for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 28 August 2012

That the minutes of the ordinary meeting held on 28 August 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2.2 Development Assessment Panel No meeting held on 4 September 2012.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 Future Use of Woorabinda Buildings (deferred from 24 July 2012 meeting)

8 Petitions/Deputations/Public Forum

8.1 Petitions Nil

8.2 Deputations Nil

8.3 Public Forum Tess O’Callaghan re item 10.4 Stirling Linear Park Advisory Group Kathy Newman, Off Leash, re item 10.4 re Stirling Linear Park Advisory Group

9 Presentations 9.1 Eastern Waste Management Authority – Bill Cossey & Trevor Hockley 8.19pm Cr Loveday left the meeting room 8.21pm Cr Loveday returned to the meeting room

10.1 2012 Christmas Pageants (Stirling, Woodside & Lobethal) Gaye Tulloch

That: 1. Council supports the holding of the Stirling, Woodside and Lobethal Christmas Pageants in 2012. 2. Council consents to SAPOL proceeding with the issuing of a Police Commissioner’s Road Closure Orders.

10.2 2012 Bay to Birdwood Event David Waters

That pursuant to Section 33(2) of the Road Traffic Act 1961, the Council consents to the part road closures of:

 North East Road, between Range Road South, Houghton and Tippett Road, Chain of Ponds;  Wegener Road, Birdwood; and  Church Street, Birdwood

on 30 September 2012 for the purposes of the Bay to Birdwood Run.

10.3 Car Parking Study David Waters

That 1. Council notes that a general car parking study will not be carried out at this time. 2. Staff prepare a further report on the provision of car parking and drop off facilities for schools in the council area by January 2013. 3. Staff continue to progress the matter of Park’n’Ride facilities. 4. In respect to special events, it be noted that turfed areas of community land will not generally be available for car parking because of the potential cost of restoring the area to be fit for its intended purpose.

10.4 Stirling Linear Park Advisory Group David Waters

That the report be received and noted.

MATTERS ARISING

10.4.1 Referral to Stirling Linear Park Advisory Group

Moved Cr John Kemp LOST S/- Cr Lynton Vonow

That Council acknowledges that, in accordance with resolution 70 of 3 March 2009, any changes to dog access controls in Stirling Linear Park must be referred to Stirling Linear Park Advisory Group for consideration and advice prior to consideration by Council.

A Division was requested by Cr Kemp

In the affirmative (3) Councillors Vonow, Wisdom & Kemp

In the negative (5) Councillors Herrmann, Green, Nelson, Bailey, Loveday

On the basis of the results of the division, the Mayor declared the motion LOST

10.4.2 Phone Survey re Use of Reserves & Parks

Moved Cr John Kemp LOST S/- Cr Jan-Claire Wisdom

That Council engages McGregor Tan to conduct a phone survey (CATI) of 400 randomly selected households across the AHC to gain a wider community response on the needs of dog owners and non dog owners in regard to the use of reserves and parks.

10.5 Development Application Timelines A & N Downer Marc Salver

That Council receives and notes this report regarding the processing timelines for Mr & Mrs Downer’s development application 473/272/11.

12.1 Transfer Station Charges – Fluorescent Tubes & Bulbs

That Council revise the adopted 2012/13 scale of fees and charges so that Fluoro Tubes & Globes can be dumped for a nil charge at the Transfer Station.

14.1.1 Graffiti on private property Cr Malcolm Herrmann

What action can be taken by the council to assist private landowners to get rid of graffiti from buildings?

Officer’s Response – Mr Chris Button, Manager Health & Regulatory Services

Generally Council does not get directly involved with the removal of graffiti from private property. Where such graffiti becomes extensive or detracts significantly from the amenity of the locality, Council staff will contact the property owner and seek the removal of the offending material. In some instances the property owners may be able to arrange assistance from volunteers or community groups, however it is the responsibility of the property owner to ensure that the graffiti is removed.

If the property owner is unwilling to rectify the problem Council can use its order making powers under the Local Government Act 1999 to enforce the clean up.

14.1.2 Local Government Workers Compensation Scheme Cr Malcolm Herrmann

For each of the years 2009/10, 2010/11, 2011/12 and 2012/13

1. What was the premium paid to the Local Government Workers Compensation Scheme? 2. How much was received as performance based bonuses? 3. Comment on the trend analysis

Officer’s response –Tim Piper, Acting Chief Executive Officer

The table listed in the agenda summarises the results from 2009/10 to 2012/13. The overall picture for that period is encouraging, and this area has seen a decrease in costs in real terms. This is believed to reflect improved claims rates and several strong Workplace Health & Safety Initiatives during this period.

14.1.3 Barossa Valley Protection Zone Cr Malcolm Herrmann

1.1 Have any replies been received to council’s representations on behalf of Kersbrook residents affected by the Barossa Valley Protection Districts Bill? 1.2 If so, who has replied and what was the nature of those replies?

Officer’s Response – Marc Salver, Director Planning & Development Services

Letters of acknowledgement have been received from the Family First Party, the Hon Russell Wortley MLC, Minister for State/Local Government Relations, and the Hon Gail Gago MLC, Minister for Agriculture, Food and Fisheries. No other responses have been received in this regard.

The Mayor advised that an additional response had been received from the Hon David Ridgway MLC on behalf of the State Liberal, and this letter was read out.

14.1.4 Electronic Waste Cr Malcolm Herrmann

What services and facilities are available to residents who wish to dispose of obsolete television receivers?

Officer’s Response – Chris Button, Manager Health & Regulatory Services

At this stage e-waste cannot be disposed of to land fill. Residents can take their e- waste to the Heathfield Transfer Station (or other transfer stations outside of the Council area) for a fee. This fee is to cover councils’ cost of storage and disposal of this waste. Council will continue to promote e-waste recycling programs when they are available, which is determined by State Government. The most recent of these was at Mt Barker Council in May 2012.

In future Council hopes to benefit from the National Product Stewardship Scheme, which will enable computers and televisions to be recycled for free.

The City of Charles Sturt and DHL Supply Chain have established South Australia’s first Drop-Zone to recycle old TVs and computers for free. This service is for households and small businesses only. People do not need to live or work in the City of Charles Sturt to use this service, so AHC residents who are travelling to this area can also utilise this service.

14.2 Questions without Notice Cr Bailey re refusal of insurance for properties in Adelaide Hills (T Piper) Cr Bailey re Targa Rally and entering private property (Nick Day, Tim Piper) Cr Vonow re process for nominating properties with a significant graffiti problem, for council action

14.3 Councillor Reports Cr Wisdom – Conservation Awards Cr Green – Arts Think Tank, Lobethal Cr Loveday – Affordable Housing Day & Doing Business in China

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 25 September 2012 from 6.30pm at 63 Mt Barker Road Stirling.

159 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 25 SEPTEMBER 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Tim Piper Acting Chief Executive Officer Tim Hancock Director Engineering Deryn Atkinson Acting Director Planning & Development Services Paul Francis Acting Director Finance Kylie Hopkins Minute Secretary Chris Button Manager Heath & Regulatory Services Stuart Boyd Manager Community Development

1.1 Declaration of Office – Onkaparinga Valley Ward, Andrew Stratford In accordance with section 50 of the Local Government (Elections) Act 1999, Andrew Stratford was declared elected to the Onkaparinga Valley Ward on 13 September 2012 by Leeanne Redpath, Deputy Returning Officer acting on behalf of the Returning Officer.

Mayor 9 October 2012 160 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 25 SEPTEMBER 2012 63 MT BARKER ROAD STIRLING

Moved Cr Ian Bailey Carried Unanimously S/- Cr Kate Hosking 233

That the apology from Councillor Bill Gale for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting

That the minutes of the ordinary meeting held on 11 September 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

5 Mayor’s Opening Remarks The Mayor welcomed Council’s Youth Advisory Group to the meeting.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 Future Use of Woorabinda Buildings (deferred from 24 July 2012 meeting)

8 Petitions/Deputations/Public Forum 8.1 Petitions 8.1.1 Stirling Linear Park

That the petition signed by Ian DuRieu and 37 signatories, requesting that the Stirling Linear Park be retained as a dog on leash park, be received.

8.2 Deputations Nil

9 Presentations 9.1.1 Michael Lorenz, CEO & Lyn Stokes, Chairman – Adelaide Hills Regional Waste Management Authority 9.1.2 Barry Featherstone, CEO & Mark Heinrich, Director of Operations and Business – Regional Development Australia and

Moved Cr Kate Hosking Carried Unanimously S/- Cr Ron Nelson 236

That Item 10.5 be brought forward to this point of the meeting.

Item 10.5 was discussed at this point of the meeting

10.5 Youth Advisory Committee Terms of Reference and Workplan Mark deLange

1. The adoption of the Terms of Reference be deferred to a future meeting. 2. Council nominates Councillors Loveday, Wisdom and Kemp to work with the YAC to refine the Youth Advisory Committee Terms of Reference.

That meeting proceedings be suspended to allow for members of the Youth Advisory Committee to speak to Council.

7.42pm Meeting proceedings were suspended 7.55pm Meeting proceedings resumed

Item 10.1 was discussed at this point of the meeting

10.1 Animal Management Plan Advisory Group Chris Button

That Council extends the term of the Animal Management Plan Advisory Group, and:

1. Appoints Ms Stephanie Hensgen as Chairperson of the Animal Management Plan Advisory Group, until 31 December 2013. 2. Appoints Mr Andrew Smith and Ms Sarah Harris as Independent Members of the Animal Management Plan Advisory Group, until 31 December 2013. 3. Appoints Councillors Gale, Green, Loveday and Nelson as members of the Animal Management Plan Advisory Group, until 31 December 2013. 4. That advertisement be made for a person with suitable expertise in the area of conservation, biodiversity and vegetation management to join the Animal Management Plan Advisory Group. 5. A Council Natural Resource Officer provide advice to the Advisory Group until that vacancy is filled.

6. That Councillors Andrew Stratford and Lynton Vonow be appointed to selection panel for the current vacancy on the Animal Management Plan Advisory Group in accordance with the terms of reference for that group.

10.2 Animal Management Plan 2012 – 2017 Chris Button

1. Council approves that the draft Animal Management Plan 2012 - 2017 proceed to public consultation. 2. The draft Animal Management Plan 2012 – 2017 be forwarded to the Dog & Cat Management Board for comment. 3. The Animal Management Plan Advisory Group consider the feedback from the consultation process and provide further advice to Council.

10.3 Genetically Modified Crops Policy for Adoption Mike Flehr

Moved Cr Simon Jones Carried Unanimously S/- Cr Jan Loveday 242

1. Council Adopts the Genetically Modified Crops Policy as detailed in this report. 2. The CEO informs the wider community of its adoption of this policy by notifying:  the State Government that it does not support the use of GM organisms, crops or products within its District;  the State Minister responsible for the Gene Technology Act 2001;  the Commonwealth Minister responsible for the Gene Technology Act 2000 and the Gene Technology (Licence Changes) Act 2000;  the Gene Technology Regulator;  the Premier of South Australia;  the Leader of the Opposition;  the Shadow Minister for Agriculture;  other members of the House of Representatives and the Legislative Council;  all adjoining Councils;  the Local Government Association of SA.

8.17pm Cr John Kemp left the meeting room 8.26pm Cr John Kemp returned to the meeting room

10.4 VELO Adelaide, Mt Lofty Challenge Cycling Event Support Gaye Tulloch

Moved Cr Kate Hosking Carried S/- Cr Jan Loveday 243

1. Council supports the holding of the VELO Adelaide Cycling Event 2013 within the district. 2. Pursuant to Section 33 (2) of the Road Traffic Act 1961, the Council consents to the road closures of:  Mt Lofty Summit Rd from Crafers to Greenhill Rd from 8.30am to 10.30am  Woods Hill Rd and Stony Rise Rd from Greenhill Rd to Adelaide- Lobethal Rd from 8.45am to 12.00pm  Monomeith Rd, Marble Hill Rd and Montacute Rd from Adelaide- Lobethal Rd to the intersection with Stradbroke Road from 9.00am to 12.45pm on 17 March 2013 for the purposes of the VELO Adelaide Cycling Event 3. In conformance with the Minister’s Notice, the Commissioner of Highways, the SA State Emergency Service, SA Metropolitan Fire Service, SA Ambulance Service and the Public Transport Division be notified of the Council’s resolution.

8.32pm Cr Kate Hosking left the meeting.

10.5 Youth Advisory Committee Terms of Reference and Workplan This item was discussed at an earlier point of the meeting.

10.6 Delegations Review – September 2012 Kylie Hopkins

1. Revocations 1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following: 1.1.1 Development Act 1993, Development (Development Plans) Amendment Act 2006 and Development Regulations 2008

1.1.2 Freedom of Information Act 1991 and Freedom of Information (Fees and Charges) Regulations 2003 1.1.3 Housing Improvement Act 1940 1.1.4 Local Government Act 1999 1.1.5 Roads (Opening & Closing) Act 1991 2. Delegations made under the Local Government Act 1999 2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999, the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 5 to 8 (each of which is individually identified as indicated below), are hereby delegated this 25th day of September 2012 to the person occupying the office of Chief Executive Officer, subject to the conditions and/or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation. 2.2.1 Freedom of Information Act 1991 and Freedom of Information (Fees and Charges) Regulations 2003 (Appendix 5) 2.2.8 Housing Improvement Act 1940 (Appendix 6) 2.2.2 Local Government Act 1999 (Appendix 7) 2.2.3 Roads (Opening & Closing) Act 1991 (Appendix 8) 2.2 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

3. Delegations made under the Development Act 1993, Development (Development Plans) Amendment Act 2006 and Development Regulations 2008 3.1 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993, the powers and functions under the Development Act 1993 and the Development Regulations 2008 specified in the proposed Instruments of Delegation contained in Appendix 4, are hereby delegated this 25th day of September 2012 to the person occupying the office of Chief Executive Officer subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993. 3.2 Such powers and functions may be further delegated by the Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

10.7 Proposed Easement – 9 Vantage Way, Crafers Alana Faber

Moved Cr Ian Bailey Carried Unanimously S/- Cr Lynton Vonow 245

1. Council approve the acquisition of an easement for stormwater purposes over CT5862/958. 2. Council pay for all survey and conveyancing costs for the registering of this easement. 3. The Mayor and CEO be authorised to sign and affix the Council seal to any necessary documents that are required for the creation of this easement.

10.8 Proposed Easement – 17 Beavis Court, Gumeracha Alana Faber

Moved Cr Ian Bailey Carried Unanimously S/- Cr Linda Green 246

1. Council approve the acquisition of an easement for stormwater purposes over CT5145/200. 2. Council pay for all survey and conveyancing costs for the registering of this easement. 3. The Mayor and CEO be authorised to sign and affix the Council seal to any necessary documents that are required for the creation of this easement.

10.9 New Lease Agreement – 1 Main Street, Crafers Alana Faber

1. Council approves the new lease for 1 Main Street, Crafers for a period of 5 years to the Crafers Community Sport and Recreation Club. 2. The Mayor and the CEO be authorised to sign and affix the seal to the new lease documentation.

10.10 LMA Waiver – 133 Ironbank Road, Ironbank Tom Victory

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Simon Jones 248

1. Council, pursuant to clause 6.2 of Land Management Agreement 11281568 between Nature Foundation Inc and Adelaide Hills Council, agrees to the waiver of the owners’ obligations in relation to clauses 2.2.1, 2.3.1 and 2.4.3 of the Land Management Agreement and the building envelope depicted in Schedule 1 of the Supplementary Deed of the Land Management Agreement, to permit the construction of a detached dwelling, waste control system and driveway in accordance with:

 the request by Mr & Mrs Bartlett dated 11 September 2012 relating to Allotment 1 at 133 Ironbank Road Ironbank; and  the site plan, received by Council 11 September 2012, prepared by Homestead Homes as part of Development Application 473/1166/11

2. The Director Planning and Development Services be authorised to provide written communication of Council’s agreement to waive compliance with clauses 2.2.1, 2.3.1 and 2.4.3 of Land Management Agreement 11281568 to Mr and Mrs Bartlett.

10.11 Voting for LGFA Representative Kylie Hopkins

That Council resolves to vote for Mr John Frogley and Ms Linda Caruso as Representative Members of the Board of Trustees of Local Government Finance Authority.

14 Questions / Councillor Reports 14.1 Questions on Notice 14.1.1 Bushland at Heathfield Depot "What is the status of the bushland portions of the Council Heathfield Depot site? Is it possible to return them to the neighbouring Mark Oliphant Bushland Park?"

Officer’s Response – Paul Haylock, Manager Property & Buildings The land in question is excluded from Community Land classification so it can be dealt with by Council without a formal need for public consultation. My estimate of the process and costs to transfer the land to form part of the Mark Oliphant Conservation Park would include:

1. DENR to request that we consider a transfer of the land 2. Council staff to provide comment on any need for Council to continue to hold the land (eg for purposes associated with operating or expanding Heathfield Depot and Transfer station. 3. Council to pass a resolution defining the land to be transferred 4. Costs to divide the land (to be met by State government?) estimated as $6000 survey excl GST, $581 payable to the Development Assessment Commission, $929 payable to the Lands Titles Office 5. State Government to follow its process to add the land to the Conservation Park

Council should also be aware that the land in question could still have some financial value for redevelopment purposes (subject to planning and development constraints), in which case a transfer would be a real diminution of Council’s assets.

14.2 Questions without Notice Cr Herrmann asked a question regarding assistance that Council can provide to RDA Cr Vonow asked a question regarding grants provided to RDA from other Councils

8.56pm Cr Kemp left the meeting.

14.3 Councillor Reports Cr Herrmann gave a verbal report on various fundraising events in the Torrens Valley Ward Cr Green gave a verbal report on the Gumeracha Library Revitalisation Cr Jones thanked Tim Piper for his role of Acting CEO

14.4 Chief Executive Officer’s Report The Acting CEO addressed Council.

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 9 October 2012, 6.30pm, 36 Nairne Road Woodside

Mayor 9 October 2012 170 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 9 OCTOBER 2012 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Councillor Jan-Claire Wisdom Manoah (6.49pm) Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Malcolm Herrmann Torrens Valley

In Attendance

Andrew Aitken Chief Executive Officer Tim Piper Director Finance Tim Hancock Director Engineering Deryn Atkinson A/Director Planning & Development Services Pam Williams Minute Secretary

2 Opening Statement

3.1 Apology

That the apology from Councillor Linda Green for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 25 September 2012

That the minutes of the ordinary meeting held on 25 September 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee No meeting held.

4.2.2 Development Assessment Panel 2 October 2012

Moved Cr John Kemp Carried Unanimously S/- Cr Ian Bailey 252

That the minutes of the Development Assessment Panel meeting of 2 October 2012 as distributed, be received and noted.

4.2.3 Audit Committee 24 September 2012

That the minutes of the Audit Committee meeting of 24 September 2012 as distributed, be received and noted.

5 Mayor’s Opening Remarks Mayor Bill Spragg welcomed new CEO, Andrew Aitken, to Adelaide Hills Council.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items

7.1.1 Future Use of Woorabinda Buildings Deferred from 24 July 2012

8 Petitions/Deputations/Public Forum 8.1 Petitions

8.1.1 Footpath along Woodland Way & Teringie Drive, Teringie Pam Williams 14.67.2

That the petition signed by 48 signatories, requesting that a footpath be provided along Woodland Way & Teringie Drive, Teringie, be received.

8.2 Deputations Nil

8.3 Public Forum

9 Presentations 9.1 Sport & Recreation Advisory Committee – Cr Ron Nelson

10 Officers’ Reports 10.1 Realignment of Road, Parcel Boundaries & Land Titles, Burfords Hill Road, Mt Torrens Paul Haylock 14.16.15

1. That Council approve the Road Opening and Closure matter proceed under the Roads Act to Open and Close the parcels as described herein and undertake a boundary realignment of the properties of Mr Green and Mr and Mrs Turner to exchange the two parcels physically separated by the “new” section of Burfords Hill Road. 2. That Council meet all cost associated with the proceedings in Recommendation 1. 3. That, subject to no substantive objections being received, the Mayor and Chief Executive Officer be authorised to sign and seal all necessary documentation.

6.49pm Cr Wisdom attended the meeting.

10.2 Delegations Water Industry Act 2012 Chris Button 12.9.1

In the exercise of the power contained in Section 44 of the Local Government Act 1999, the powers under Section 19 of the Water Industry Act 2012 to make application to the Essential Services Commission for the issue of a licence as a water industry entity are hereby delegated to the person occupying the office of Chief Executive Officer.

10.3 East Waste Representation & Remuneration Tim Piper 05.14.5

1. That pursuant to Clause 21.1 of the new Charter for East Waste, Mr Bill Cossey be appointed to the Board of East Waste for a further term of two years from the date of the Gazettal of the new Charter. 2. That the East Waste Board be advised that in respect to the appointment of the Independent Chair of the Board (as required by Clause 21.1 of the new Charter), the Council endorses the process put forward regarding the selection of candidates to be interviewed, the conduct of the interview and selection of the preferred candidate and delegates the power to the Chief Executive Officer to appoint the preferred candidate on Council’s behalf. 3. That the East Waste Board be advised that the Council approves the draft Remuneration Policy, with an amendment to the Determination of Remuneration to include the words ‘after 1 July’ before ‘then such adjustment’, and delegates the power to the Chief Executive Officer to endorse any minor changes to the wording of the Draft Remuneration Policy which do not change the intent.

10.3.1 East Waste Board – appointment of Deputy Board Member

That pursuant to Clause 21.1 of the new Charter for East Waste, the Chief Executive Officer be appointed as Deputy Board Member for a further term of two years from the date of the Gazettal of the new Charter.

11 Miscellaneous Items 11.1 Documents for Signing & Sealing Nil 11.2 Other Reports

12 Motions On Notice 3/08/001 12.1 Animal Management Plan report to Council – amendment to date

1. That Council resolution 10.1 of 14 August 2012 be amended as follows

a) Council resolves to seek public comment on the recommendations from the Animal Management Plan Advisory Group, regarding:

 Draft Principles for Dog Access on Council Reserves  The following are examples of how these guiding principles may be applied:

- 39 previously unassessed reserves (default access) - The Deanery, Bridgewater - Stirling Park, Stirling

b) A report be presented to the 27 November 2012 Council meeting outlining the feedback received as a result of this consultation process.

2. That in the interim all persons who provided input into the consultation process have that input acknowledged and be advised of this change of date.

Having taken into account the Guiding Principles, the Mayor accepted the following Motions Without Notice.

13.1 Pedestrian Access along Woodland Way & Teringie Drive, Teringie

Moved Cr Jan Loveday Carried Unanimously S/- Cr Ron Nelson 260

That staff carry out work to ensure that pedestrian access along Woodland Way (commencing from the intersection with Ridgeland Drive) and Teringie Drive, Teringie, to connect to the playground/tennis court area, is available off the road.

13.2 Freight Train Bypass Project Task Force Membership

Moved Cr Ian Bailey Carried S/- Cr Jan Loveday 261

That Council acknowledges Cr Lynton Vonow’s membership on the Freight Train Bypass Project Task Force, as operated by Cr Ward of Mitcham Council.

14.1.1 Barossa Valley District Protection Bill Cr Malcolm Herrmann

What was the outcome of the Mayor's submission on behalf of the Council to the members of the Legislative Council, requesting that the Kersbrook area be excluded from the operation of the Barossa Valley District Protection Bill?

Officer’s Response: Deryn Atkinson, Acting Director Planning & Development Services

On 24 July 2012, Council resolved:

That the Mayor write to:

 The Leader of the Opposition, Isobel Redmond MP  Member for Schubert, Ivan Venning MP  Shadow Minister for Urban Development & Planning, Hon David Ridgway  Opposition Members in the Legislative Council  The Greens  Family First; and  Independent members of the Legislative Council

advising council's opposition to the Barossa Valley Protection District Bill in its present form and seeks their support to exclude the area near Kersbrook from the operation of the Bill and that copies of correspondence which have been

previously forwarded to the Minister for Planning and the DPTI be included in the letter.

The following response was provided on 11 September 2012 to a Question on Notice from Cr Herrmann:

Letters of acknowledgement have been received from the Family First Party, the Hon Russell Wortley MLC, Minister for State/Local Government Relations, and the Hon Gail Gago MLC, Minister for Agriculture, Food and Fisheries. No other responses have been received in this regard.

The Mayor advised that an additional response had been received from the Hon David Ridgway MLC on behalf of the State Liberal Party, and this letter was read out.

To date, the following responses have been received:

28/8 The Minister’s office manager indicated that the matter will be bought to Minister Russell Wortley’s (State/Local Government Relations) attention.

31/8 Minister Gail Gago’s (Agriculture, Food & Fisheries) office forwarded the AHC letter to Minister Rau.

5/9 The Leader of the Opposition forwarded the AHC letter to David Ridgway (Leader of the Opposition in the Legislative Council and Shadow Minister for Urban Development and Planning). This response was read out at the 11 September 2012 meeting and subsequently provided to Councillors.

5/9 Ivan Venning (LIB member for Schubert) commends Council for its position and forwarded the AHC letter to David Ridgway. Mr Venning concurs with the Liberal Party position.

6/9 Robert Brokenshire’s office (Family First) indicated that “Robert has noted the Council’s comments and will take these into consideration during the Parliamentary debate”.

19/9 Michelle Lensink (LIB MLC) understands that David Ridgway will respond on behalf of the Liberal Party.

27/9 Further correspondence from David Ridgway (Leader of the Opposition in the Legislative Council and Shadow Minister for Urban Development and Planning), attached to the agenda.

Further, the Parliamentary debate 19 September 2012 has resulted in the area north and east of Kersbrook still being included in the Character Preservation (Barossa Valley) Bill 2012. New dwellings in this area on land used primarily for primary production purposes continue to be non-complying development and the Bill states will not be supported.

14.1.2 CWMS for Inglewood/Houghton Cr Malcolm Herrmann

What is the current status on the investigations into the provision of a CWMS for  Inglewood/Houghton  Has the grant received been fully expended?  If so, what are the findings of the study?  What progress has been made on investigating the most appropriate ongoing management arrangements for CWMS?  Has any assistance been provided by the CWMS user group?

Officer’s Response, David Waters, Manager, Engineering & Assets & Russell King, Team Leader Projects & Technical Services

In 2006/2007 the Council received funding to undertake concept designs and costings for new CWMS schemes for the townships of Mylor, Houghton/Inglewood and Summertown/Uraidla.

The concept designs included possible options for gravity and rising mains, pump stations, and disposal of the collected effluent water. The initial construction cost estimates were quite high and deemed unaffordable by the Council, so no further investigations were carried out and the options did not progress to detailed design.

This year, the matter was re-visited and Walbridge & Gilbert was engaged to review the concept designs and look for alternatives that may be cheaper based on current standards and updated technologies. The brief was also to update the cost estimates to 2012 dollar values.

The work has recently been completed and staff will be in a position to provide the information to Council for review and direction in the near future.

Council needs to be aware, however, that the situation has not changed markedly in the last few years and the Council will be faced with a significant up-front capital outlay if any or all of the new schemes are to be built.

Staff continue to explore options for the ongoing management of CWMS throughout the district, however, the focus to date has been on getting the existing systems into good working order, addressing EPA licencing requirements and seeking potential recipients of treated effluent.

The Council will receive a more detailed report and analysis of CWMS management options in due course. This report will also cover the specific questions raised in more detail.

The newly formed CWMS user group has not been particularly active to date, however, staff have developed relationships outside of that group which has helped progress matters of common interest.

14.1.3 Regional Development Australia Cr Malcolm Herrmann

1. Which councils support the Regional Development Australia - Adelaide Hills Fleurieu & Kangaroo Island Region? 2. How much did each council contribute to the RDA in 2011/12 and what is proposed for 2012/13? 3. How much did the Australian Government contribute to the RDA in 2011/12 and what is proposed in 2012/13? 4. How much did the State Government contribute to the RDA in 2011/12 and what is proposed in 2012/13?

Officer’s Response: Paul Francis, Financial Controller

1. Adelaide Hills Council, Alexandrina Council, City of Victor Harbor, District Council of Mt Barker, Kangaroo Island Council, Yankalilla District Council

2. AHC 2012: $52,736 2011: $66,250 (inc $15k RDA Provision of Business Coach at AHBTC)

2012/13 Alexandrina $48,128 Victor Harbor $30,698 Yankalilla $11,551 KI $35,016 AHC $54,054 Mt Barker $50,054

3. Federal funding 11/12 – Not available 12/13 - $215,142 13/14 - $250,000

4. State funding 11/12 – Not available 12/13 – 605,304 13/14 - $ Nil

MATTER ARISING

1. Council strongly supports the objectives of the Regional Development Australia - Adelaide Hills Fleurieu & Kangaroo Island 2. The Mayor writes to the Premier, requesting the government maintain or increase core funding to the RDA in 2013/14 and future years. 3. The CEO writes to the other constituent Councils and the LGA to advise what action Council has taken.

14.2 Questions without Notice Cr Bailey – Naming of Park in Balhannah

14.3 Councillor Reports Cr Hosking – National Landcare Conference Cr Herrmann – Launch of Torrens Valley Scout Group Cr Herrmann for Cr Green – Roll Out of Digital Television system for Gumeracha Cr Herrmann – Cemeteries Advisory Group Cr Stratford – road accidents, Onkaparinga Valley Road/Riverview Road/Nairne Road, Woodside Cr Bailey – satellite television coverage for Cudlee Creek Cr Jones – Donation of sculpture from Quentin Gore for Protea Reserve

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 23 October from 7.30pm, following a Community Forum to be held from 6.00pm at The Summit, 1 Crescent Drive, Norton Summit.

Mayor 23 October 2012 180 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 23 OCTOBER 2012 THE SUMMIT, 1 CRESCENT DRIVE, NORTON SUMMIT

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Andrew Aitken Chief Executive Officer Tim Piper Director Finance Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Kylie Hopkins Minute Secretary

That the meeting be adjourned until the conclusion of the Community Forum.

7.57pm The Council meeting adjourned 8.16pm The Council meeting resumed

Mayor 13 November 2012 181 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 23 OCTOBER 2012 THE SUMMIT, 1 CRESCENT DRIVE, NORTON SUMMIT

4 Previous Minutes 4.1 Council Meeting 9 October 2012

That the minutes of the ordinary meeting held on 9 October 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee 16 October 2012

That the minutes of the Strategic Planning & Development Policy Committee meeting of 16 October 2012, as distributed, be received and noted.

5 Mayor’s Opening Remarks

6 Declaration of Interest by Members of Council Cr Jan Loveday declared a conflict of interest in Item 12.2 – Future Council funding for Regional Development Australia – Adelaide Hills, Fleurieu and Kangaroo Island Region, as she is a member of the RDA Board and receives a sitting fee.

Cr Loveday withdrew Item 12.2 which was considered in Section 13 Motion without Notice.

Cr Bill Gale disclosed an interest in Item 12.3 as he resides on the road which is the subject of the motion.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 Future Use of Woorabinda Buildings (deferred from 24 July 2012)

8.2 Deputations Nil

8.3 Public Forum Mr Gordon Trestrail regarding bushfire protection.

9 Presentations Nil

10 Officers’ Reports 10.1 Report Wenzel Rd Oakbank – Exclusion of Vehicles 20.16.1 Chris Button

Moved Cr Ian Bailey Carried Unanimously S/- Cr Andrew Stratford 266

That pursuant to section 359 of the Local Government Act 1934 all vehicles except emergency vehicles, Council vehicles, vehicles associated with adjoining properties and horses be excluded from that section of Wenzel Road, Oakbank commencing 460 metres east of the eastern side of the intersection of Beasley Road and Wenzel Road extending for 880 metres and ending 130 metres west of the western side of the intersection of Gillman Road and Wenzel Road for the months of May to November inclusive of each year.

12 Motions On Notice 12.1 Commissioning & Installation of Sculpture – Jimmy Melrose Memorial Cr Simon Jones

Moved Cr Simon Jones Carried Unanimously S/- Cr John Kemp 267

That a report be provided to Council that considers the commissioning and installation of a sculpture to top the James Melrose Memorial at Stirling Oval in September 2013 to commemorate the centenary of his birth in Stirling in 1913.

The report to include (but not be limited to): - Background on the life and achievements of Jimmy Melrose, Aviator - The reasons for the commemoration, including his connection to the local area - Costs associated with the sculpture, including installation - Any interested parties who may be willing to contribute to the costs and ongoing maintenance of the sculpture

12.2 Future Council funding for Regional Development Australia – Adelaide Hills, Fleurieu and Kangaroo Island Region This item was withdrawn.

12.3 Road & Pedestrian Safety Road & Pedestrian Safety – Riverview Road & Nairne Road, Woodside Cr Andrew Stratford

Moved Cr Andrew Stratford Carried Unanimously S/- Cr Kate Hosking 268

1. Council write to relevant Government departments and Ministers expressing deep concern over road and pedestrian safety conditions at both the Riverview Road/Onkaparinga Valley Road, and Riverview Road /Nairne Road intersections. This letter should include, but not be limited to: • concern over the lack of appropriate road safety measures • the high level of community concern • the increase in traffic volumes • the close proximity to, and the implications of the Amy Gillet trail • recognising that any relevant study of Onkaparinga Valley Road is not likely to include the Nairne Rd intersection • a request for any studies, plans or works to be implemented in a prompt and responsible fashion. 2. Copies of correspondence be sent to Local MPs and the Shadow Minister for Transport.

13 Motions Without Notice Having taken into account the Guiding Principles, the Mayor accepted the following Motion Without Notice.

13.1 Future Council funding for Regional Development Australia – Adelaide Hills, Fleurieu and Kangaroo Island Region

8.45pm Cr Jan Loveday declared an interest in the following motion, as she is a member of the RDA Board and receives a sitting fee, and left the meeting room.

Moved Cr Ian Bailey Carried Unanimously S/- Cr Linda Green 269

1. Council endorses annual funding for RDA – Adelaide Hills, Fleurieu and Kangaroo Island for a further 3 years commencing in 2013/14, with the current (2012/13) amount of $54,054 increased each year (2013/14; 2014/15; and 2015/16) in line with the March quarter annual Adelaide Consumer Price Index figure.

2. The 3 year funding commitment be reconsidered by Council at any point over this period of time should RDA – Adelaide Hills, Fleurieu and Kangaroo Island be unable to fulfil its charter, and or any agreed KPIs.

8.50pm Cr Jan Loveday returned to the meeting.

13.2 Future Use of Woorabinda Buildings

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Simon Jones 270

That the deferred report – Item 7.1.1 The Future Use of Woorabinda Buildings (deferred from 24 July 2012), be brought back to Council before the end of December 2012 and is to include the details and outcomes of the consultations that have been undertaken.

14 Questions/Councillor Reports 14.1 Questions on Notice Nil

14.3 Councillor Reports Cr Herrmann – Upper Torrens Land Management Group and CFS events Cr Bailey – Impending Bushfire Season

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 13 November from 7.30pm at Gumeracha Hall, 45 Albert Street, Gumeracha, preceded by a Community Forum, commencing at 6.00pm.

Mayor 13 November 2012 186

ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL MEETING TUESDAY 30 OCTOBER 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward - Manoah

Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Mt Lofty Councillor John Kemp

Councillor Andrew Stratford Onkaparinga Valley

Councillor Linda Green Torrens Valley

In Attendance

Andrew Aitken Chief Executive Officer Tim Piper Director Finance Marc Salver Director Planning & Development Services Tim Hancock Director Engineering

2.1 Apology

That the apologies from Councillors Bill Gale, Malcolm Herrmann, Ron Nelson, Lynton Vonow, Jan-Claire Wisdom and Simon Jones for unavoidable absence be accepted and leave of absence from the meeting granted.

Mayor 13 November 2012

ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL MEETING TUESDAY 30 OCTOBER 2012 63 MT BARKER ROAD STIRLING

4 Business of the Meeting 4.1 Certification of 2011/12 Annual Financial Statements Tim Piper

That the Mayor & CEO be authorised to sign the certification statement within the final form of the Financial Statements.

188 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 13 NOVEMBER 2012 45 ALBERT STREET GUMERACHA

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Bill Gale Onkaparinga Valley Councillor Lynton Vonow Councillor Andrew Stratford Councillor Linda Green Torrens Valley

In Attendance

Andrew Aitken Chief Executive Officer Tim Piper Director Finance Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Pam Williams Minute Secretary

Moved Cr Ian Bailey Carried Unanimously S/- Cr Jan-Claire Wisdom 273

That the meeting be adjourned until the conclusion of the Community Forum.

7.55pm The Council meeting adjourned 8.10pm The Council meeting resumed

2 Opening Statement

3.1 Apology

That the apology from Councillors Malcolm Herrmann & Kate Hosking for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 23 October 2012

Moved Cr Bill Gale Carried Unanimously S/- Cr Linda Green 275

That the minutes of the ordinary meeting held on 23 October 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Special Council Meeting 30 October 2012

Moved Cr Jan Loveday Carried Unanimously S/- Cr Jan-Claire Wisdom 276

That the minutes of the special meeting held on 30 October 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.3 Reports of Committees Strategic Planning & Development Policy Committee Nil

4.4 Development Assessment Panel 6 November 2012

That the minutes of the Development Assessment Panel meeting of 6 November 2012 as distributed, be received and noted.

4.5 Audit Committee 29 October 2012

That the minutes of the Audit Committee meeting of 29 October 2012 as distributed, be received and noted.

5 Mayor’s Opening Remarks The Mayor advised that he attended the successful launch of the revamped Gumeracha Civic Centre, combining Library Services with Torrens Valley Community Centre, on 10 November 2012.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items Future use of Woorabinda Buildings (deferred from 24 July 2012) To come to the December Council meeting.

8.2 Deputations Nil

8.3 Public Forum Ms Genevieve Cooper – arsonist in area, new basketball ring in Park

9 Presentations Nil

10.1 Register of Confidential Items 09.3.2 Kylie Hopkins

That, pursuant to Section 91(7) of the Local Government Act 1999, Council orders that the documents, reports and minutes pertaining to the following matters, including discussions and considerations, be retained in confidence for a period as specified below, pursuant to Section 91(9):

1. SPDPC Meeting 22 February 2010 Local Heritage DPA Section 90(3)(m) Until Public Consultation of the Local Heritage DPA commences but no longer than 1 July 2013 2. SPCPC Meeting 14 May 2010 Township & Urban Areas DPA Section 90(3)(m) Until the Townships & Urban Areas DPA is adopted but no longer than 1 July 2013 3. SPDPC Meeting 19 July 2011 Local Heritage DPA for Adoption Section 90(3)(m) Until Public Consultation of the Local Heritage DPA commences but no longer than 1 July 2013 4. Council Meeting 9 August 2011 Update on Magill Training Centre Land Section 90(3)(m) Until Public Consultation of the Ministerial DPA commences, but no longer than 12 months 5. Council Meeting 11 October 2011 Sale of Council Land – Balhannah Section 90(3)(d) Until the sale has been finalised, but no longer than 28 August 2013. 6. Council Meeting 21 February 2012 Local Heritage DPA – Stage One Update Section 90(3)(m) Until Public Consultation of the Local Heritage DPA commences but no longer than 1 July 2013 7. SPDPC Meeting 17 April 2012 Townships & Urban Areas DPA General Policies - Part 1 Until the Townships & Urban Areas DPA is adopted but no longer than 1 July 2013 8. SPDPC Meeting 15 May 2012 Townships & Urban Areas DPA General Policies - Part 2 Until the Townships & Urban Areas DPA is adopted but no longer than 1 July 2013 9. SPDPC Meeting 19 June 2012 Townships & Urban Areas DPA General Policies - Part 3 Until the Townships & Urban Areas DPA is adopted but no longer than 1 July 2013

10.2 Disposal of Materials Policy 09.3.2 Kylie Hopkins

Moved Cr Andrew Stratford Carried Unanimously S/- Cr Jan-Claire Wisdom 280

That the Disposal of Material Policy be adopted, with clarification of Item 5.5 “Donation to community groups”.

10.3 Road closure consent support for Cycling SA Bowden Elite Team Series 2012 Event 02.38.2 Gaye Tulloch

Moved Cr Linda Green Carried S/- Cr Jan-Claire Wisdom 281

1. Council gives consent for a Road Closure Order to be made in respect of Norton Summit Road from the junction at the bottom of Teringie Drive to the junction at the top of Teringie Drive, for the Cycling SA Bowden Elite Team Series 2012 event to be held on Sunday 9 December 2012, from 9.45 am to 12 noon, pursuant to Section 33 of the Road Traffic Act, 1961.

2. Council advises Cycling SA to seek a Road Closure Order from SAPOL subject to consent from the Department of Planning Transport and Infrastructure for the road which is under their care and control.

3. The organisers be requested to put signage out a week before the event showing the change to traffic conditions.

10.4 Community Land Status – Stirling Community Shop and The Hut Book Shed, Apex Park, Stirling P/5960 16.51.1 Paul Haylock

That this item be deferred.

10.5 Gawler River Floodplain Management Authority (GRFMA) – Audit Committee Membership 05.14.2 Marc Salver

1. That pursuant to Section 30(3), Schedule 2, Part 2, Local Government Act 1999 the following appointments to the GRFMA Audit Committee be endorsed:

1. Mr Peter Brass – Independent person with financial experience relevant to the functions of an Audit Committee and experienced Audit Committee member 2. Cr Des Ellis – Light Regional Council, an elected member of a constituent council with financial experience relevant to the functions of the Audit Committee 3. Mr Charles Mansueto – CEO, District Council of Mallala, GRFMA Board Member, officer of a constituent council with experience relevant to the functions of the Audit Committee and experienced Audit Committee member 4. That the term of office of Committee Members be for a period of twelve months 5. That the presiding member of the Audit Committee be Mr Peter Brass.

10.6 Council meeting dates December 2012 & January 2013 09.3.2 Andrew Aitken

That Council approves the following revised meeting dates and times for Council & Committee meetings in December 2012 and January 2013 and advertises accordingly:

 One Council meeting in December 2012: Tuesday 11 December 2012 at Stirling, commencing at 7.00pm  One Council meeting in January 2013: Tuesday 22 January 2013 at Stirling, commencing at 6.30pm  Special Development Assessment Panel (if required) date & venue to be determined, commencing at 6.30pm

11.2 Other Reports

12.1 Motions Without Notice 3/08/002

MATTER ARISING

12.1.1 Road closure support – Event Policy 02.38.2

Moved Cr Ian Bailey Carried S/- Cr Simon Jones 285

That Council considers putting this requirement into the Events Policy:

“That a presentation at a Council meeting by organisers seeking road closures occur at least 3 months prior to the event”.

13.2 Questions without Notice Cr Bailey – E Waste

13.3 Councillor Reports Cr Vonow – Youth Advisory Committee Quiz Night Cr Green – Opening of Cudlee Creek Garden, LGA Conference Cr Bailey – Inverbrackie Good Neighbour Council AGM Cr Jones – Launch of AH Arts Association Mayor Spragg – Legacy Breakfast at Inverbrackie, Planning Institute of Australia Awards, Torrens Valley Community Centre/Library launch, Remembrance Day at Stirling Cr Wisdom – Remembrance Day services in Council area

15 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 27 November 2012 from 6.30pm at 63 Mt Barker Road Stirling.

196 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 27 NOVEMBER 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Andrew Aitken Chief Executive Officer Tim Piper Director Finance Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Chris Button Manager Health & Regulatory Services David Waters Manager Assets & Engineering Kylie Hopkins Minute Secretary

2 Opening Statement

Mayor 11 December 2012 197 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 27 NOVEMBER 2012 63 MT BARKER ROAD STIRLING

Moved Cr Kate Hosking Carried Unanimously S/- Cr Ian Bailey 286

That the apology from Councillor Bill Gale for unavoidable absence be accepted and leave of absence from the meeting granted.

4 Previous Minutes 4.1 Council Meeting 13 November 2012

That the minutes of the ordinary meeting held on 13 November 2012, as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2 Reports of Committees 4.2.1 Strategic Planning & Development Policy Committee 20 November 2012

That the minutes of the Strategic Planning & Development Policy Committee meeting of 20 November 2012, as distributed, be received and noted.

4.2.3 Audit Committee 12 November 2012

That the minutes of the Audit Committee meeting of 12 November 2012, as distributed, be received and noted, with the recommendations in Item 6.1 referred to Council – see Item 10.3.

5 Mayor’s Opening Remarks The Mayor welcomed the gallery.

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 Future use of Woorabinda Buildings (deferred from 24 July 2012 – to come to the December 2012 Council meeting) 7.1.2 Community Land Status – Stirling Community Shop & The Hut Book Shed (deferred from 13 November 2012)

8 Petitions/Deputations/Public Forum 8.1 Petitions 8.1.1 Off-leash Dog Area, Stirling Park

That the petition signed by 16 signatories, requesting that the Stirling Park be retained as a dog on leash park, be received.

8.2 Deputations

Moved Cr Andrew Stratford Carried S/- Cr Jan-Claire Wisdom 291

That a maximum of 10 minutes be provided for each speaker during the Deputation section of the meeting.

8.2.1 Janet Pedler regarding Dog Control on AHC reserves 8.2.2 Lydia Trowse regarding Dog Controls in Stirling Linear Park 8.2.3 Nita Clifton regarding Dog Controls in Stirling Park 8.2.4 Mr Stan Lewinski regarding effective Control of Dogs 8.2.5 David Doherty – Principal Arbury Park Outdoor School and Member of Deanery Community Landcare Group regarding Dog Controls in The Deanery.

8.3 Public Forum

That a maximum of 5 minutes be provided for each speaker during the Public Forum section of the meeting.

Tess O’Callaghan, Parks for Paws regarding Dogs off-leash in Stirling Linear Park Kathy Newman regarding Dogs off-leash Laurie Ragless regarding Stirling Linear Park and Laratinga Wetlands Leith Pedrick regarding Wright Road Dog Park and Dog Controls Jaesmine Rose regarding Dogs Off-leash Brian Donahey regarding Dog Off-leash areas map John Northwood regarding Guiding Principles for Dog Access on Council Reserves Phil Hicks, Friends of SLP, regarding Dogs On-leash Mike Gainer regarding Community Division over Dog Access Issues

9 Presentations Nil

10 Officers’ Reports 10.1 Guiding Principles for Dog Access on Council Reserves Chris Button

That following consideration of the feedback on the public consultation process, the Guiding Principles for Dog Access on Council Reserves be adopted which incorporate the key principles of Safer Communities (safe and equitable access to Council Reserves for all users) and Biodiversity (protection of high biodiversity from the adverse impact of dogs), with an amendment to Appendix 5, Page 4, “Biodiversity” to insert “Dogs Prohibited Elsewhere” after “Dogs on leash on paths only” for “High value biodiversity areas with formal paths or trails”.

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Lynton Vonow 294

That the leave of the meeting be granted to allow Item 12.1 to be brought forward to this point of the Agenda.

12.1 Dog Controls in Stirling Linear Park

Moved Cr Linda Green Lost S/- Cr Ian Bailey

That the following decision, Item 10.1 Dog Controls – Stirling Linear Park, from the Council meeting of 22 March 2011, be AMENDED:

“Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, the Council resolves that clause 6 of By-Law 5 – Dogs, applies to Stirling Linear Park and that the following dog controls will apply:

That dog access to Stirling Park, Madurta Reserve, Woorabinda and Hender Reserve be that dogs are on leash and remain on paths at all times.”

by removing the words “Stirling Park” as highlighted above to read:

“Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, the Council resolves that clause 6 of By-Law 5 – Dogs, applies to Stirling Linear Park and that the following dog controls will apply:

That dog access to Madurta Reserve, Woorabinda and Hender Reserve be that dogs are on leash and remain on paths at all times.”

A Division was requested by Cr Ian Bailey.

In the affirmative (5) Councillors Malcolm Herrmann, Linda Green, Ron Nelson, Andrew Stratford, Ian Bailey

In the negative (6) Councillors John Kemp, Simon Jones, Kate Hosking, Jan Loveday, Jan-Claire Wisdom, Lynton Vonow

On the basis of the results of the division, the Mayor declared the motion Lost.

10.2 Dog Access on Council’s Unassessed Reserves, The Deanery and Stirling Linear Park 10.2.1 Dog Access on Council’s Unassessed Reserves Amendment

Moved Cr Malcolm Herrmann Carried S/- Cr Lynton Vonow 295

That pursuant to clauses 8, 9, & 10 of By-law 5 that dog access arrangements be amended in accordance with the Unassessed Reserves list contained at Appendix 1 of the agenda report.

10.2.2 Dog Access on Council’s Unassessed Reserves – The Deanery

That the matter be deferred to allow Council staff to consult with the Arbury Park School and the affected local community to investigate the option of fencing and report back to Council in February 2013.

10.2.3 Dog Access on Council’s Unassessed Reserves – Stirling Linear Park This item was not discussed (refer Item 12.1).

10.2.4 Dog Access on Council’s Unassessed Reserves – Feedback Report

That a further report be presented to Council in January 2013 on the feedback from the consultation on the Animal Management Plan once feedback has been received from the Dog & Cat Management Board.

9.25pm The Council meeting broke for a short recess 9.25pm Cr Jan-Claire Wisdom left the meeting and did not return 9.45pm The Council meeting resumed

10.3 Adoption of 2011/2012 Annual Financial Statements

1. The Audit Committee recommendation of 12 November 2012 be noted and accepted. 2. The Financial Statements in their final form for the financial year ended 30 June 2012 be adopted.

10.4 2011/2012 Annual Report Adoption

Moved Cr Linda Green Carried Unanimously S/- Cr Kate Hosking 299

1. The Annual Report for the financial year ending 30 June 2012 be adopted and copies be forwarded to:  Minister for State/Local Government Relations  SA Local Government Grant Commission  Presiding Members Of Both Houses for Parliament  State Library of South Australia 2. Copies of the Annual Report be available from:  Council’s Service Centres  Council’s Website

10.5 Budget Review 1

That the Budget Variations presented in Budget Review 1 (2012/13) totalling $(24)k, bringing the Adjusted 2012/13 Budget Operating Surplus for the year to $56k, be adopted.

10.6 Partial Waiver of LMA – 35 Snows Road, Stirling

1. Council agrees to the removal of Tree #3 in clause 1.2.9 and Annexure B (and any other relevant part) of the Land Management Agreement dated 18 April 2008 between Jennifer Ann McKinnon and Adelaide Hills Council and to the rescission of the LMA from Allotment 101 at 35 Snows Road Stirling), via the creation of a Supplementary Deed. 2. The Mayor and Chief Executive Officer be authorised to sign and execute the Supplementary Deed once drafted.

10.7 Jimmy Melrose Sculpture

Moved Cr Simon Jones Carried Unanimously S/- Cr Lynton Vonow 302

1. Council notes the significant achievements of James Melrose who spent his early childhood years in Aldgate. 2. Council reaffirms its commitment to maintain the existing James Melrose Memorial at the Stirling Oval in recognition of Melrose’s probable local connections. 3. That the Stirling Business Association be invited to apply for a Matched Funding Grant for a sculpture costing up to $3,000.

12 Motions On Notice 12.1 Dog Controls in Stirling Linear Park This item was discussed at an earlier point of the meeting.

13 Motions Without Notice Having taken into account the Guiding Principles, the Mayor accepted the following Motion Without Notice.

13.1 Application of the Guiding Principles for Dog Access on Council Reserves 6 month report

That a report be provided back to Council after 6 months application of the Guiding Principles for Dog Access on Council Reserves.

13.2 Review of Checklist Template for the Guiding Principles for Dog Access on Council Reserves

That AMPAG review the Checklist Template for the “Guiding Principles for Dog Access on Council Reserves”.

13.3 Dog off-leash areas pamphlet & website advice

1. The CEO considers the production of a pamphlet indicating assessed Dog off-leash areas for inclusion with dog registration notices. 2. That a map of Dog off-leash areas in the Adelaide Hills Council area be included on Council’s website.

13.4 Electronic Presentations by Elected Members

That the CEO investigate the use of electronic presentations for Elected Members to deliver supporting material during debate.

14 Questions / Councillor Reports 14.1 Questions on Notice 14.1.1 Dog Attack Statistics – Cr Malcolm Herrmann

1. For the periods 1 July 2010 to 30 June 2011 and 1 July 2011 to 30 June 2012, how many expiation notices/fines have been issued for dog attacks on:  People, and  other animals? 2. What is the range of penalties for the notices/fines? 3. How do these statistics relate to the state average? 4. How many of the attacks relate to Stirling Linear Park?

Officer’s Response – Dennis Rainsford, Acting Manager Health & Regulatory Services

1. The number of expiations issued for both of the above years was 16. It is not possible for staff to determine whether the attacks are on people or animals as the expiation description for the offence is the same for both harassment and actual bites. 2. The maximum penalty is $2,500. The expiation fee is $210. 3. The Dog and Cat Management Board (DCMB) do not show figures for individual Councils, rather yearly statistics for the whole State. There is currently no state wide percentage system against which Adelaide Hills Council can be measured. 4. Our records indicate no expiations for dog attack harassment have been issued in relation to any incidents in and around Stirling Linear Park.

14.1.2 Concept Plan for Shannon Street, Birdwood – Cr Malcolm Herrmann

What progress has been made on the development of a concept plan for the development of land south of Shannon Street Birdwood?

Officer’s Response – Marc Salver, Director Planning & Development

The consultants have recently finalised the draft Concept Plan options. These options will now be circulated to the affected landowners for their review and comment, after which the Master Plan report will be completed. This is anticipated to occur before Christmas.

14.1.3 Future of Gillman Reserve, Oakbank – Cr Malcolm Herrmann

Can the CEO advise when an informal gathering will be held to consider the options for the future of Gillman Reserve Oakbank prior to the report to council?

Officer’s Response – Paul Haylock, Manager Property & Buildings

Gillman Reserve is Crown Land and is under the care and control of Adelaide Hills Council.

The reserve is currently hired between April and September each year by local schools for Pedal Prix. An adjoining property owner also uses the land for grazing to assist Council to maintain the grass.

There has been interest from various parties in the Gillman Reserve for many years, including the Black Hill Pony Club.

Due to the level and varied nature of interest shown in the Reserve over a long period of time, it is essential that a stakeholder engagement process be undertaken prior to providing a report to Council.

This topic can be considered at an informal gathering in early 2013.

14.3 Councillor Reports Cr Herrmann gave a verbal report on the 90th birthday celebrations of the Gumeracha Hospital. Cr Bailey gave a verbal report on a function attended at the Birdwood Hall. Cr Kemp gave a verbal report regarding volunteer training at The Hut Community Centre. Cr Jones gave a verbal report regarding the 50th birthday celebrations for the Stirling Community Shop and the forthcoming Stirling Sculpture launch. The Mayor gave a verbal update on the Just Too Deadly Awards. Cr Green gave a verbal update on the launch of AHAA and the forthcoming Kenton Valley Community Meeting

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday, 11 December 2012, 7.00pm, 63 Mt Barker Road, Stirling.

Mayor 11 December 2012 207 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 11 DECEMBER 2012 63 MT BARKER ROAD STIRLING

In Attendance:

Deputy Mayor Bill Gale

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Jan Loveday Marble Hill Councillor Kate Hosking Councillor John Kemp Mt Lofty Councillor Simon Jones Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance

Andrew Aitken Chief Executive Officer Tim Piper Director Finance Tim Hancock Director Engineering Marc Salver Director Planning & Development Services Paul Haylock Manager Property & Building Pam Williams Minute Secretary

2 Opening Statement

3.1 Apology

That the apology from Mayor Bill Spragg & Cr Ian Bailey for unavoidable absence be accepted and leave of absence from the meeting granted.

Mayor 22 January 2013 208 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 11 DECEMBER 2012 63 MT BARKER ROAD STIRLING

4 Previous Minutes 4.1 Council Meeting 27 November 2012

That the minutes of the ordinary meeting held on 27 November 2012 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4.2.2 Development Assessment Panel 4 December 2012

That the minutes of the Development Assessment Panel meeting of 4 December 2012 as distributed, be received and noted.

5 Deputy Mayor’s Opening Remarks Deputy Mayor Gale attended the successful opening of the Sculpture at AHBTC, Lobethal, on Saturday 8 December 2012.

6 Declaration of Interest by Members of Council Cr Kemp has an interest in item 10.6, as he is a volunteer at the Hut Cr Jones has a conflict of interest in item 10.6 as he is a member of the Hut Board

7 Matters Deferred for Further Consideration/Lying on the Table 7.1 Deferred Items 7.1.1 Future use of Woorabinda Buildings (from 24 July 2012 meeting) refer Item 10.4 7.1.2 Community Land Status – Stirling Community Shop & The Hut Book Shed (from 13 November 2012 meeting) 7.1.3 Dog Access on Council’s Unassessed Reserves – The Deanery (from 27 November 2012 meeting)

8.2 Deputations

8.2.1 Adelaide Hills International Sculpture Symposium, Barry Windle 8.2.2 Mylor Oval Committee, David Little

That Council staff investigate a solution to the flooding of the Mylor Clubrooms and if funds are required, these be explored in Budget Review 2.

9 Presentations Nil

10.1 Land Management Agreement 7 Beadnell Crescent Bridgewater Deryn Atkinson 473/D33/07

That Council approves the removal of the two Pinus Radiata at 7 Beadnell Crescent, Bridgewater which are protected by clause 2.1 of the Land Management Agreement between the Adelaide Hills Council and Mary Vashti Wilson.

10.2 Land Management Agreement 6 Pirralilla Place Stirling – removal of one dead tree Deryn Atkinson 330/D21/90

Moved Cr Simon Jones Carried Unanimously S/- Cr Kate Hosking 312

That Council approves the eventual removal of the dead Eucalyptus obliqua (Messmate Stringybark) at 6 Pirralilla Place Stirling, which is protected by clause 2.3 of the Land Management Agreement dated 12 September 1991 between The District Council of Stirling and Augusts Abolins and Zigrida Abolins.

10.3 Proposed Road Closure – Marble Hill Road Ashton Alana Faber 14.16.85

That this matter be deferred in order to enable staff to clarify the number of resultant titles that will arise out of this land transaction, and the area of land to be sold to Mr Buchanan.

10.4 Use of Woorabinda Buildings Paul Haylock 16.55.2 5.64.6 14.5.3

That: 1. This report and the actions taken since the July 2012 meeting be noted. 2. Use of the Woorabinda buildings be focussed on the Education Centre wherever practicable. 3. All buildings remain on site pending a period of public consultation where the views of stakeholders be canvassed and brought back to Council in time for consideration as part of the 2013-14 budget cycle. 4. Bookings for the remaining rooms in the Education Centre continue to be managed by Council staff.

10.5 Procurement & Purchasing Policy Tim Hancock 09.63.1

That this item be deferred to enable consideration by the Audit Committee prior to further consideration by Council.

10.6 Matched Funding Grant – The Hut Community Centre Solar Panel Project Stuart Boyd 07.41.17

8.16 Cr Simon Jones declared a conflict of interest as he is a member of the Hut Board and left the meeting room

That Council provide $5,000 under the Matched Funding Grants Program toward the Hut Community Centre for the installation of a solar panel system on the Aldgate Railway Station building, subject to relevant planning and/or building approvals (if required).

8.18pm Cr Jones returned to the meeting room.

10.7 Review of Council’s Audit Committee Independent Member Sitting Fees Tim Piper 09.14.1

1. The sitting fees paid to Independent members of the Audit Committee remain as follows:

 Independent Presiding Member $500 (Excl. GST) per meeting  Independent Ordinary Members $350 (Excl. GST) per meeting

2. Sitting fees for Independent members of the Audit Committee be reviewed in 12 months.

10.8 Delegations Review – December 2012 Kylie Hopkins 12.9.1

8.40pm The meeting adjourned for a short break 8.55pm The meeting resumed

1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following:

1.1.1 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 1.1.2 Occupational Health Safety & Welfare Act 1986 1.1.3 South Australian Public Health Act 2011 1.1.4 Public and Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008 1.1.5 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 1999 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 1.1.6 Supported Residential Facilities Act 1992

2. Delegations made under the Local Government Act 1999

2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999, the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 3 to 5 (each of which is individually identified as indicated below), are hereby delegated this 11th day of December 2012 to the person occupying the office of Chief Executive Officer, subject to the conditions and/or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

2.1.1 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 (Appendix 3) 2.1.2 Occupational Health Safety & Welfare Act 1986 (Appendix 4) 2.1.3 South Australian Public Health Act 2011 (Appendix 5)

3. Delegations made under Public and Environmental Health Act 1987

3.1 In exercise of the power contained in Section 6 of the Public and Environmental Health Act 1987, the powers and functions under the Public and Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 1995 and Public and Environmental Health (Legionella) Regulations 2008 specified in the proposed Instruments of Delegation contained in Appendix 6, are hereby delegated this 11th day of December 2012 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.

3.2 Such powers and functions may be further delegated by the Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.

4. Authorisations and Subdelegation under the Road Traffic Act 1961

4.1 That, in accordance with the Notice to the Council dated 27 April 2009 from the Minister for Transport (“the Minister’s Notice”), the Council authorises the following officers to exercise, for, and on behalf of the Council, the power conferred on the Council pursuant to the following clauses of the Minister’s Notice in relation to the Road Traffic Act 1961

Clause A.1 – Chief Executive Officer, Director Engineering, Manager Engineering & Assets, Manager Works, Clause B.1 – Chief Executive Officer, Director Engineering, Manager Ass Engineering & Assets, Manager Works, Clause C.1 – Chief Executive Officer, Director Engineering, Manager Engineering & Assets, Manager Works; Clause D.1 – Chief Executive Officer, Director Engineering, Manager Engineering & Assets, Manager Works, Clause E.1 – Chief Executive Officer, Director Engineering, Manager Engineering & Assets, Manager Works;

subject to –

(i) the conditions contained in the Minister’s Notice; and

(ii) where applicable the conditions contained within the “Notice from the Commissioner of Highways for the Temporary use of Traffic Control Devices by persons other than Road Authorities” dated 8 April 2002, as amended from time to time;

(iii) any conditions contained in this Resolution or in such instrument; and

(iv) the creation of a separate instrument in writing reflecting such authorisations under the Minister’s Notice and this Resolution.

4.2 The said instrument shall be in substantially the same form as the proposed instrument of Authorisation contained in Appendix 7

4.3 In exercise of the power contained in, and in accordance with, Clause F.1 of the Notice to the Council dated 17 June 2006 from the Minister for Transport (“the Minister’s Notice”), the power contained in Section 33(1) of the Road Traffic Act 1961 and delegated to the Council pursuant to Clause F of the Minister’s Notice is hereby sub-delegated to the person occupying the office of Chief Executive Officer of the Council subject to:

(i) the conditions contained in the Minister’s Notice; and

(ii) any conditions contained in this Resolution or in such instrument; and

(iii) the creation of a separate instrument in writing reflecting such subdelegation under the Minister’s Notice and this Resolution.

4.4 The said instrument shall be in substantially the same form as the proposed Instrument of Subdelegation contained in Appendix 7.

5. Delegations under Supported Residential Facilities Act 1992

5.1 In exercise of the power contained in Section 9 of the Supported Residential Facilities Act 1992, the powers and functions under the Supported Residential Facilities Act 1992 specified in the proposed Instruments of Delegation contained in Appendix 8, are hereby delegated this 11th day of December 2012 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.

5.2 Such powers and functions may be further delegated by the Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.

6. Delegation to the Fire Prevention Officer made under Fire & Emergency Services Act 2005

6.1 That the Council in exercise of the power contained in Section 44 of the Local Government Act 1999 hereby delegates the powers and functions under the Fire and Emergency Services Act 2005 specified in the proposed Instruments of Delegation contained in Appendix 3, are hereby delegated this 11th day of December 2012 to the person occupying the office of Fire Prevention Officer of the Council, subject to the conditions and limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Fire and Emergency Services Act 2005.

10.9 Strategic Planning & Development Policy Committee (SPDPC) Annual Report 2012 Marc Salver 03.14.5

That Council receive and note the Annual Report of the Strategic Planning & Development Policy Committee for the period December 2011 to November 2012.

10.10 Australia Day Nominations 2013 Gaye Tulloch 02.84.2

That Council endorses the Australia Day Advisory Group’s selection of the Australia Day award winners, to be presented at Australia Day functions held on 26 January 2013.

10.11 Appointment of Elected Members to External Bodies 09.3.3 Andrew Aitken

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Jan-Claire Wisdom 321

That Council notes that the following Councillors have been appointed to external bodies:

Cr Jan Loveday - Hills Health Area Advisory Council Cr Simon Jones - Stirling Business Association

12.1 Commemoration of 100th anniversary of WW1 04.3.2

That, after consultation with RSL Clubs and schools, the CEO investigate how the Council can be involved in the commemoration of the 100th anniversary of the 1st World War 1914-18 and report to council in time for any proposed expenditure to be considered with the 2013/14 budget.

Having taken into account the Guiding Principles, the Deputy Mayor accepted the following Motion Without Notice.

13.1 Tall Grass on Amy Gillett trail

Moved Cr Lynton Vonow Carried Unanimously S/- Cr Malcolm Herrmann 323

That the CEO write to DPTI thanking them for work done so far along the section of the Amy Gillett bikeway from Woodside to Balhannah, and request DPTI to clear large sections of tall grass on the remaining sections up to Narcoonah Crossing in the near future to reduce the possible fire and snake hazard.

That DPTI be requested to provide a copy of management plans for the future maintenance of all aspects of the bikeway/trail.

14.3 Councillor Reports Cr Stratford – Oakbank Area School presentation night, Opening of Lobethal Lights Cr Herrmann – Upper Torrens Land Management Group, Birdwood High School presentation night Cr Vonow – Rail Freight Corridor Taskforce Cr Green – Kenton Valley residents’ meeting, Lobethal Woollen Mill Christmas function for volunteers Cr Jones – launch of Sculptures Deputy Mayor Gale – appreciate the support from Councillors & Council

15 Confidential Items 15.1 Banking & Bill Payment Services, Contract No 28/12 – Exclusion of the Public Paul Francis 07.36.2

Pursuant to Section 90(2) and (3)(k) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff – CEO, Andrew Aitken, Director Engineering, Tim Hancock, Director Planning & Development Services, Marc Salver, Director Finance, Tim Piper, and Minute Secretary, Pam Williams, be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to Section 90(3):

(k) tenders for the provision of services

15.1.1 Banking & Bill Payment Services, Contract No 28/12 – Confidential Item Paul Francis 07.36.2

RELEASED 19 FEBRUARY 2013

That Contract No. 28/12 be awarded to National Australia Bank (NAB).

15.1.2 Banking & Bill Payment Services, Contract No 28/12 – Period of Confidentiality Paul Francis 07.36.2

That having considered this matter in confidence under Section 90(2) and 90 (3)(k) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the tender is finalised, but not longer than 12 months, pursuant to Section 91(9), and that this order be reviewed every 12 months.

That, pursuant to Section 91(9)(c) of the Local Government Act 1999, the Chief Executive Officer be authorised to release documents at the conclusion of the period of confidentiality.

15.2 Adelaide Hills Region Waste Management Authority (AHRWMA) Hartley Landfill Site Land Tenure – Exclusion of the Public Marc Salver 05.14.13

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Lynton Vonow 327

Pursuant to Section 90(2) and (3)(b) (d) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff – CEO, Andrew Aitken, Director Engineering, Tim Hancock, Director Planning & Development Services, Marc Salver, Director Finance, Tim Piper and Minute Secretary, Pam Williams, be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to the AHRWMA Hartley Landfill Site Land Tenure.

Section 90(3): (b) Information the disclosure of which –

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and (ii) would, on balance, be contrary to the public interest.

15.2.1 Adelaide Hills Region Waste Management Authority (AHRWMA) Hartley Landfill Site Land Tenure – Confidential Item Marc Salver 05.14.13

That Council endorse the Adelaide Hills Region Waste Management Authority Board’s resolution to accept the Southern Waste ResourceCo Settlement Proposal as detailed in Appendix 2 to this report.

15.2.2 Adelaide Hills Region Waste Management Authority (AHRWMA) Hartley Landfill Site Land Tenure – Period of Confidentiality Marc Salver 05.14.13

Moved Cr Kate Hosking Carried Unanimously S/- Cr John Kemp 329

That having considered this matter in confidence under Section 90(2) and 90 (3) (b) & (d) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the negotiations have concluded and the relevant contracts have been signed, but not longer than 12 months, pursuant to Section 91(9).

That, pursuant to Section 91(9)(c) of the Local Government Act 1999, the Chief Executive Officer be authorised to release documents at the conclusion of the period of confidentiality.

15.3 Formal Complaint under Code of Conduct – Exclusion of the Public 09.67.2

Pursuant to Section 90(2) and 90(3)(g) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff – CEO, Andrew Aitken, Director Engineering, Tim Hancock, Director Planning & Development Services, Marc Salver, Director Finance, Tim Piper and Minute Secretary, Pam Williams, be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to a formal complaint received under Council’s Code of Conduct.

Section 90(3): (g) matters that must be considered in confidence in order to ensure that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty

15.3.1 Formal Complaint under Code of Conduct – Confidential Item 09.67.2

RELEASED 25 JANUARY 2013

As required by Council’s Code of Conduct for Elected Members, Section 7:

Upon receipt of a complaint the Mayor (or Deputy Mayor) must bring the fact of the complaint but not the detail of the allegations to the attention of the Council at the next formal meeting of the Council and it is to be received by the Council in confidence, subject to meeting one or more of the grounds under Section 90(3) of the Local Government Act 1999

the Deputy Mayor and CEO informed council that a formal complaint has been received against a member of Council. This will be acknowledged by Deputy Mayor and investigated by the CEO.

15.3.2 Formal Complaint under Code of Conduct – Period of Confidentiality 09.67.2

That having considered this matter in confidence under Section 90(2) and 90 (3)(g) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the discussions pertaining to this matter, be retained in confidence until the investigations have been completed, but not longer than 6 months, pursuant to Section 91(9).

16 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 22 January 2013 from 6.30pm at 63 Mt Barker Road Stirling.

17.1 Reopening of Council meeting

That the Council meeting be reopened to consider a confidential item relating to a formal complaint under Council’s Code of Conduct Policy.

This item is listed as Confidential Item 15.3.

The meeting closed at 10.01pm.

Mayor 22 January 2013