140527 Council Minutes

76 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 27 MAY 2014 63 MT BARKER ROAD STIRLING

In Attendance:

Presiding Member: Mayor Bill Spragg

Members:

Councillor Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Jan Loveday Marble Hill Councillor John Kemp Mt Lofty Councillor Simon Jones 6.36pm 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 Corporate Services Marc Salver Director Strategy & Development David Waters Director Community & Customer Service Lachlan Miller Manager Governance & Risk Chris Button Manager Special Projects 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.”

3. APOLOGIES/LEAVE OF ABSENCE 3.1. Apology Cr Ian Bailey Cr Kate Hosking

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3.2. Leave of Absence Moved: Cr Malcolm Herrmann S/- Cr Bill Gale 93

That leave of absence for Cr Jan Loveday from 11 June – 28 June 2014 be granted.

Carried Unanimously

3.3. Absent Nil

4. MINUTES OF PREVIOUS MEETINGS Council Meeting – 22 April 2014

Moved Cr Malcolm Herrmann 94 S/- Cr Lynton Vonow

That the minutes of the ordinary meeting held on 22 April 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Carried Unanimously

5. DECLARATION OF INTEREST BY MEMBERS OF COUNCIL Nil

6. PRESIDING MEMBER’S OPENING REMARKS

Mayoral Activities since May 13th

Wednesday 14th May  Attended the funeral of a prominent Bridgewater resident. Thursday 15th May  LGA Board meeting Friday 16th May  Signing of the Hills Volunteer Charter  Adelaide Hills and Alexandrina Volunteers Day celebration Saturday 17th May  Budget and Business Plan consultation – Gumeracha Sunday 18th May  National Trust Pioneer Women's Walk Wednesday 21st May  Inverbrackie APOD Community Consultative Group meeting

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o Centre likely to close in October 2014, the Chair will approach the Minister to request a staged closure rather than an abrupt closure o Detainees will relocated to other centres possibly including off-shore sites o Some Serco employees will be offer alternative employment either in other detention centres or other Serco business including the Ghan. o IHMS employs about 20 casuals with little opportunity of redeployment.

Friday 23rd May  Reconciliation Week launch breakfast  Onkaparinga Lions quiz night Saturday 24th May  Budget and Business Plan consultation – Stirling Tuesday 27th May  Institute of Public Administrators Australia – presentation of Themes of Government by the Premier of South Australia  Pike & Joyce Winery Cellar opening

Media Thursday 22nd May  SBS re Inverbrackie

7. REPORTS 7.1. Councillor Reports  Cr Herrmann & Cr Green – Annual Business Plan & Budget discussions at Gumeracha, 40th birthday Birdwood Primary School Farm Day, Kersbrook Hall 100th anniversary,  Cr Herrmann – Kersbrook Residents Association  Cr Gale – Congratulations resigning of Volunteer Charter, Onkaparinga Apex Club reunion, Biggest Morning Tea at Woodside  Cr Loveday – Annual Business Plan & Budget discussions at Gumeracha & Stirling, Lobethal Quiz Night, Audit Committee meeting, Arbury Park School, Dog & Cat Management Board  Cr Kemp – Volunteers Day, Lobethal Quiz Night, Annual Business Plan & Budget discussions at Stirling, Planning seminar  Cr Stratford – Stirling East Primary School Quiz Night, Hills Hawks clubroom opening, Pike & Joyce cellar door opening  Cr Wisdom – attendance at funeral, Hills Hawks clubroom opening, Annual Business Plan & Budget discussions at Stirling, State Libraries Board

7.2. Reports of Members as Council/Committee Representatives on External Organisations Nil

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7.3. CEO Report Andrew Aitken, CEO, provided Council with a verbal Corporate Update. - Pedestrian bridge Avenue Road Stirling - Cold Store Road Lenswood reconstruction - Checkers Hill Road Kersbrook road works - Public Consultation Primary Production Lands DPA - AHBTC masterplan process - Library service donations - Mobile library livery upgrade - Executive Leadership Team visiting Gumeracha & Heathfield - Volunteer movie day - Attendance at funeral - Welcome to Deb Richardson who commences as Director Engineering & Assets shortly

8. QUESTIONS ADJOURNED/LYING ON THE TABLE Nil

8.1. Questions Adjourned Nil 8.2. Questions Lying on the Table Nil

9. PETITIONS / DEPUTATIONS / PUBLIC FORUM 9.1. Petitions Nil 9.2. Deputations Nil

9.3. Public Forum Ms Joan Gibbs, Chair Mid Torrens Catchment Group re paddock trees The Business Plan & Budget Consultation was opened to gallery and no-one wished to speak.

The Annual Business Plan and Budget 2014/15 consultation period commenced.

10. PRESENTATIONS (by exception)

7.09pm Cr Kemp left the meeting room 7.10pm Cr Kemp returned to the meeting room

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11. QUESTIONS ON NOTICE 11.1. Cr Andrew Stratford - Resolution 228, Code of Conduct

1. In relation to the letter from Mayor Spragg to myself dated 13th March:

a) Does the CEO endorse the comments made in this document?

b) What explanation will the CEO provide for; on the night of the March Council meeting not appearing to be aware of the detail of the contents of this letter from Mayor Spragg, and not providing a response when asked if the legal advice referred to in this letter was in fact authorised by him at the time it was sought - however in the April meeting, Mr Miller, is explicit in his report that the legal advice was indeed authorised by the CEO? (the Mayor indicated on the night that the legal advice was provided by staff, however not the CEO).

2. In what circumstances can the Mayor and/or CEO choose to add words to, take words from or alter the wording of any Council resolution without the matter first coming to Council?

3. In what circumstances can any other staff member of Council, choose to add words to, take words from or alter the wording of any Council resolution without the matter first coming to Council?

4. Given that the resolution passed by Council is quite clear in its wording: "that Council requests that Cr Andrew Stratford issue an apology to Council" - and that this Council exists until the next Council is formed in November this year - is any subsequent variation made to this resolution by any staff member, or any Elected Member (without the matter coming back to

Council), and regardless of who might think it is a good idea, a binding action or indeed even considered a legal variation?

5. In regard to resolution 186 from the 8th October 2013 Council meeting, which (in part) says that the CEO write to various government officials to ask for their consideration in decisions around the closure of the Inverbrackie APOD:

a) Has this letter with this request been written?

b) If so, regardless of whether they have considered our request or not, does the Mayor / CEO therefore consider this resolution as having been complied with?

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c) If so, has this item since been removed from the Councils outstanding action list?

6. In regard to resolution 2 from the 25th February 2014 SPDPC meeting, which (in part) says that the CEO and Mayor write to various Government officials to seek their in principle support for the proposed Northern Bypass freight train line diversion:

a) Has this letter with this request been written?

b) If so, regardless of whether we have their in principle support or not, does the Mayor / CEO therefore consider this resolution as having been complied with?

c) If so, has this item since been removed from the Councils outstanding action list?

7. In regard to resolution 228 from the 10th December 2013 Council meeting, which says that Council requests that Cr Stratford issue an apology to Council:

a) Has this letter with this request been written?

b) If so, regardless of whether the apology has occurred to date or not, does the Mayor / CEO therefore consider this resolution as having been complied with?

c) If so, has this item since been removed from the Councils outstanding action list?

8. To date, what total costs have been incurred by Council - including LG costs, legal costs and Council staff time, in the quest to investigate, penalise and continue with this pursuit of Cr Stratford over his comments in seeking "best practice" standards with regard to the 6/5 vote taken over the Representation Review issue, and the subsequent code of conduct complaint lodged by Cr Kemp?

BACKGROUND

At the March Council meeting, Cr Herrmann asked if I could submit the questions I was seeking a response to, in relation to the processes used, costs to Council and the legality of altering Council resolutions outside of Council meetings, as Questions on Notice.

Cr Herrmann was an apology at the April meeting of Council. The motion which previously had been moved and seconded, and which he had consequently asked to 'lay on the table' (and was agreed with) was later listed in this agenda as a 'adjourned item' and was therefore discussed at this meeting - and in his absence. The result of the debate on this motion - which was to finalise this matter at this

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time and therefore remove it from the action list, was not supported by a majority of Councillors present and therefore was lost.

Consequently the matter still continues to roll on, and in fulfilling the undertaking I gave to Cr Herrmann, and the fact that for some Councillors the matter still remains unresolved, I therefore now submit the following questions on notice.

OFFICER’S RESPONSE – Andrew Aitken, Chief Executive Officer

A number of the ‘Questions on Notice’ relate to debate which occurred at the 25 March 2014 Ordinary Council meeting during agenda items 14.2 - Council Resolutions Update and 16.0 - Motions Without Notice. To provide responses to this QON, the transcript of the meeting was reviewed and extracts included where appropriate below.

In reference to the background to the QON in the preceding section, there is an assertion that Cr Herrmann asked for the item to ‘lay on the table’. From a review of the transcript no instances were found that Cr Herrmann requested, moved or discussed that the matter ‘lay on the table’. Cr Herrmann (in discussion regarding the tabling of legal advice) stated:

I require that the CEO table the legal advice that the council has received in regard to the interpretation of the council resolution 228. As I understand it now (indistinct) tabled that then we reconsider it when that information is tabled…

Responses to questions:

Q1 - In relation to the letter from Mayor Spragg to myself dated 13th March:-

a) - Does the CEO endorse the comments made in this document?

Letters from the Mayor to Council Members do not require the CEO’s endorsement however the contents of the letter appear to be consistent with the legal advice received.

b) - What explanation will the CEO provide for; on the night of the March Council meeting not appearing to be aware of the detail of the contents of this letter from Mayor Spragg, and not providing a response when asked if the legal advice referred to in this letter was in fact authorised by him at the

time it was sought - however in the April meeting, Mr Miller, is explicit in his report that the legal advice was indeed authorised by the CEO? (the Mayor indicated on the night that the legal advice was provided by staff, however not the CEO).

The three questions asked by Cr Stratford directed or referring to the CEO in relation to the 13 March 2014 letter are replicated below along with the answer provided:

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Cr Stratford: I guess my first question then in relation to the letter from Mayor Spragg to myself dated 13 March as tabled. Question A: does the CEO endorse the comments made in this document?

Mayor Spragg: I’m telling the CEO he doesn’t have to respond to that question.

As such, a response was not provided by the CEO.

Cr Stratford: Question 2 that I have in this regard is where the Mayor refers to himself as having obtained legal advice that 3 months could reasonably be considered sufficient time for compliance, was the decision to obtain legal advice authorised by the CEO? That’s a question to the Mayor.

As the question was directed to the Mayor, the CEO did not respond.

Cr Stratford: Is the CEO aware of the Council’s policy on Mayors/Chairpersons seeking legal advice?

CEO Through you your Worship, Councillor, not the specific details contained in it.

At no stage during the debate on 25 March 2014 was the CEO required to comment on the contents of the letter and therefore no comments were made by the CEO on the contents of the letter.

For the purposes of clarity, the Mayor consulted with the CEO during the drafting of the 13 March 2014 letter.

Notwithstanding that Cr Stratford made a statement that he believed the legal advice was not authorised by the CEO, at no stage during the debate was the CEO asked whether the legal advice referred to in the 13 March 2014 letter was authorised by him.

For the purposes of clarity, at a meeting between the CEO and Manager Governance & Risk in the days following the 11 February 2014 Ordinary Council meeting, resolution 228 (and the breach) was discussed in terms of how it should be managed.

As the mandatory Code of Conduct for Council Members was only a few months old, it was agreed that little case law or administrative practice had been established in relation to managing breaches.

The CEO authorised the Manager Governance & Risk to seek legal advice on two matters: (1) whether the resolution was deficient for not containing a

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timeframe; and (2) would the resolution be satisfied if Cr Stratford declined to apologise?

This advice was obtained from Natasha Jones of KelledyJones on 18 February 2014 by telephone and was file noted. The file note was provided to Council at its 22 April 2014 Ordinary meeting.

2. In what circumstances can the Mayor and/or CEO choose to add words to, take words from or alter the wording of any Council resolution without the matter first coming to Council?

Once a resolution has been made by the Council/Committee, no changes can be made to the literal wording.

In situations where the resolution proves to be inadequate, Council/ Committee may subsequently resolve a complementary resolution (as long as the second resolution does not negate, amend or contradict the original resolution).

If however Council/Committee determines a need to either revoke or amend a resolution it must do so via a written notice of motion (known as a rescission motion).

If the rescission motion is lost, a motion of the same effect cannot be brought (a) until the expiration of 12 months; or (b) until after the next general election, whichever is sooner.

Notwithstanding the above, all resolutions are subject to interpretation. Further section 58(1)(b) of the Local Government Act 1999 states that one of the roles of the principal member is:

If requested, to provide advice to the chief executive officer between council meetings on the implementation of a decision of the council.

3. In what circumstances can any other staff member of Council, choose to add words to, take words from or alter the wording of any Council resolution without the matter first coming to Council?

As per the response to Question 2.

Council), and regardless of who might think it is a good idea, a binding action or indeed even considered a legal variation?

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A variation to the wording of the resolution can only be made in the manner described in the response to Question 2.

a) Has this letter with this request been written?

Yes a letter was sent to the then Minister for Immigration and Border Protection.

b) If so, regardless of whether they have considered our request or not, does the Mayor / CEO therefore consider this resolution as having been complied with?

Yes the resolution has been complied with.

c) If so, has this item since been removed from the Councils outstanding action list?

Council resolved to remove the item from the Action List at its 10 December 2013 Ordinary meeting (resolution 234).

a) Has this letter with this request been written?

Yes letters were sent to Hon Jamie Briggs MP, Hon Iain Evans MP, Ms Isobel Redmond MP, Mr Mark Goldsworthy MP. Copies were sent to Hon Warren Truss and Hon Anthony Albanese.

b) If so, regardless of whether we have their in principle support or not, does the Mayor / CEO therefore consider this resolution as having been complied with?

Yes the resolution has been complied with.

c) If so, has this item since been removed from the Councils outstanding action list?

Council resolved to remove the item from the Action List at its 22 April 2014 Ordinary meeting (resolution 77).

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7. In regard to resolution 228 from the 10th December 2013 Council meeting, which says that Council requests that Cr Stratford issue an apology to Council:

a) Has this letter with this request been written?

The resolution did not require a letter to be written as was the case for resolutions identified in Questions 5 and 6.

The request was made known to Cr Stratford via three methods:

 Verbally upon Cr Stratford’s return to the Council Chamber following consideration of agenda item 13.4 at the 10 December 2013 Ordinary Council meeting

 In writing via the minutes of 10 December 2013 Ordinary Council meeting

 In writing via a reminder letter, dated 13 March 2014, from the Mayor to Cr Andrew Stratford after a period of 3 months had elapsed from the 10 December 2013 resolution.

b) If so, regardless of whether the apology has occurred to date or not, does the Mayor / CEO therefore consider this resolution as having been complied with?

The examples used in Questions 5 and 6 relate to Council resolutions concerning third parties (i.e. individuals/entities outside of Council).

Council regularly makes resolutions regarding actions that the Mayor should undertake, a recent example regarding Epiphany Place, as per below:

That Council authorises the Mayor and Chief Executive Officer to sign and seal all necessary documentation.

In these situations, the resolution is not complied with under the action has been undertaken by the Mayor (and CEO).

It is far less common for Council to request actions by a Council Member and therefore without a clear precedent as to how these items are to be managed, the Administration acknowledges the Motion Without Notice from Cr Stratford at the 25 March 2014 Ordinary meeting seeking Council’s consideration as to whether resolution 228 had been complied with and therefore finalised.

This motion was not resolved until Council’s 22 April 2014 Ordinary meeting at which time it was LOST. The Administration must interpret this outcome

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as Council determining that the matter has not been finalised by the actions which had occurred up until that decision.

c) If so, has this item since been removed from the Councils outstanding action list?

In line with Council’s determination of 22 April 2014, the item has not been removed from the Council Action List.

It should be noted that the reference to the 6/5 carried vote occurred at the 25 June 2013 SPDPC meeting (resolution 30) regarding the preferred option to be recommended to Council (as it was a committee meeting the presiding member had a deliberative vote but no casting vote). The 6/5 vote was the result of a division called on the matter.

The SPDPC’s 25 June 2013 resolution (30) was considered at the 13 August 2013 Ordinary Council meeting. In considering a motion which included the SPDPC’s recommendation, Council resolved with a 7/5 carried vote (as it was a council meeting, the presiding member had a casting vote only which was not exercised). Again the 7/5 vote was the result of a division called on the matter.

The costs associated with processing the code of conduct complaint (not including Council meetings) and the subsequent actions have been estimated in the following table:

Action Estimated Cost Receipt of Code of Conduct Complaint $47 (CEO – 0.5 hrs) Preparation of evidence and referral to the Local $163 Government Governance Panel (LGGP) (CEO – 1 hrs, EA – 2 hrs) Interview of CEO by LGGP investigator and $47 follow-up (CEO – 0.5 hrs) Cost of LGGP investigation and report (GST excl) $3,875

Receipt of LGGP report and preparation of 10 $328 December 2014 Council report (CEO – 0.5 hrs, MGR – 5 hrs)

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Discussions with the Mayor and Cr Stratford $188 regarding the matter (CEO – 2 hrs) Legal advice – KelledyJones – 18 February 2014 $143 (GST excl) File noting of legal advice and letter preparation $169 (MGR – 3 hrs) Transcribing of extracts of Council meetings $277 (EA – 8 hrs) Preparation of 22 April 2014 Council report $56 (MGR – 1 hr) Response to 22 May 2014 QON $432 (CEO – 1 hrs, MGR – 6 hrs) TOTAL $5,725

12. MOTIONS ON NOTICE

12.1. William Street Birdwood Street Furniture & Plaque

Moved Cr Malcolm Herrmann S/- Cr Linda Green

That Council, as a consequence of the SPDPC resolution No 29 dated 13 May 2014, approves:

1. The construction of a piece of street furniture and installation in William Street Birdwood, in the vicinity of where the trees will be removed, provided suitable timber is available from those trees.

2. The erection of a plaque acknowledging the residents who donated funds to plant the initial avenue.

3. Place a memorial with names in the Birdwood Institute in consultation with the Friends of the Birdwood Institute.

4. Suitable timber to be made available to the Friends of the Birdwood Institute (FBI) to enable the Committee to make some small wood pieces (eg bowls) to display in the Institute.

5. The CEO investigate a source of funds for the projects.

1 and 2 to be undertaken in consultation with the community.

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FORMAL MOTION

Moved Cr Bill Gale S/- Cr Andrew Stratford

That the motion be put. LOST on the casting vote of the Mayor

Moved Cr Malcolm Herrmann 95 S/- Cr Linda Green

That Council, as a consequence of the SPDPC resolution No 29 dated 13 May 2014, approves:

2. The erection of a plaque acknowledging the residents who donated funds to plant the initial avenue.

3. Place a memorial with names in the Birdwood Institute in consultation with the Friends of the Birdwood Institute.

4. Suitable timber to be made available to the Friends of the Birdwood Institute (FBI) to enable the Committee to make some small wood pieces (eg bowls) to display in the Institute.

5. The CEO investigate a source of funds for the projects.

1 and 2 to be undertaken in consultation with the community.

Carried A Division was requested by Cr Herrmann

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

In the affirmative (7) Councillors Jones, Herrmann, Green, Gale, Nelson, Vonow, Stratford

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

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

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13. REPORTS OF COMMITTEES 13.1. Strategic Planning & Development Policy Committee – 13 May 2014

Moved Cr Ron Nelson 96 S/- Cr Malcolm Herrmann

That:

1. The minutes of the Strategic Planning & Development Policy Committee meeting of 13 May 2014 as distributed, be received and noted.

Carried Unanimously

13.2. Development Assessment Panel – 6 May 2014

Moved Cr Jan Loveday 97 S/- Cr Linda Green

That:

1. The minutes of the Development Assessment Panel meeting of 6 May 2014 as distributed, be received and noted.

Carried Unanimously

13.3. Audit Committee – 19 May 2014

Moved Cr Jan Loveday 98 S/- Cr Linda Green

That:

1. The minutes of the Audit Committee meeting of 19 May 2014 as distributed, be received and noted.

Carried Unanimously

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13.4. CEO Performance Review Panel Nil

14. OFFICER REPORTS 14.1. Hard Waste Service Review 2013/14

Moved Cr Jan Loveday 99 S/- Cr John Kemp

That Council resolves:

1. That the report be received and noted.

2. That a hard waste collection service be undertaken in 2014/15 between 1 October 2014 and 31 March 2015, subject to confirmation as part of the budget-setting process.

3. That the parameters for the hard waste collection service include: a. a cap on net expenditure of $100,000; b. a fee for collection of $20 or $10 for concession card holders being adopted; and c. the collection be a scheduled booking style service

4. That a Tender process is undertaken to select the service provider for a two year contract period. Carried Unanimously

14.2. Lot 63 Hanson Lane Charleston – Plan of Division

Moved Cr Malcolm Herrmann S/- Cr John Kemp

That Council:

1. Approves the execution of the Certificate of Consent for the Deposit of a Plan of Division D91968 that vests Allotment 63 in the Adelaide Hills Council.

2. Authorises the Mayor and Chief Executive Officer to sign and seal all necessary documentation.

3. Conducts community consultation to name the proposed Allotment 63 in DP 91968 as Hanson Lane in accordance with Council’s Place and Road Naming Policy.

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VARIATION Leave of the meeting was granted to vary the motion.

Moved Cr Malcolm Herrmann 100 S/- Cr John Kemp

That Council:

1. Subject to DPTI agreeing to take on maintenance responsibility for this portion of roadway, approves the execution of the Certificate of Consent for the Deposit of a Plan of Division D91968 that vests Allotment 63 in the Adelaide Hills Council.

2. Authorises the Mayor and Chief Executive Officer to sign and seal all necessary documentation.

3. Conducts community consultation to name the proposed Allotment 63 in DP 91968 as Hanson Lane in accordance with Council’s Place and Road Naming Policy.

Carried Unanimously 14.3 Upgrades to Carripook Park, Bridgewater for offleash dog access

Moved Cr Jan Loveday 101 S/- Cr Linda Green

That Council resolves:

1. That the report be received and noted

2. That Council confirms that dog off leash arrangements at Carripook Park, Bridgewater remains unchanged at the current time

3. That staff proceed to progressively upgrade fencing at Carripook Park as operating budgets allow

4. That further consultation of park users, nearby residents and the broader community be undertaken regarding future Dog Controls in Carripook Park

5. That the strategy for the promotion of off leash parks be noted and a further report on dog access arrangements in Carripook Park be presented to Council in August 2014.

Carried Unanimously

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14.4 Budget Review 3

Moved Cr Jan Loveday 102 S/- Cr Lynton Vonow

That Council resolves:

1. That the Budget Variations presented in Budget Review 3 (2013/14) totalling $30,000 favourable, bringing the Adjusted 2013/14 Budget Operating Surplus for the year from $342,000 to $372,000, be adopted.

2. That the purchase of a Vacuum Trailer Pump for $62,000 as an additional capital plant item be approved.

Carried Unanimously

15. MISCELLANEOUS ITEMS 15.1 Documents for signing & sealing Nil

15.2 Status Report – Council Resolutions Update

Moved Cr John Kemp 103 S/- Cr Jan-Claire Wisdom

That Council resolves:

1. The Council Action List be received and noted 2. The following completed items be removed from the Action List:

 11/06/2013 Hard Waste Trial  10/12/2013 TOR Advisory Groups  25/03/2014 Additional Dog Parks  25/03/2014 Additional Dog Parks  25/03/2014 Temporary Road Closure Consents for Events  25/03/2014 Proposed Road Closure - Birch Road Stirling  8/04/2014 Policy Review Schedule  8/04/2014 Strategic Planning and Development Policy Committee - TOR and Delegations Review  22/04/2014 Transfer of land - Epiphany Place Crafers  22/04/2014 Hills Voice Working Party  22/04/2014 Long Term Financial Plan  22/04/2014 Council Resolutions Update  22/04/2014 SPDPC 8 April 2014  22/04/2014 Appointment of Presiding Member SPDPC

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 22/04/2014 CONFIDENTIAL - RLMAG Grazing Broadacre Representative  22/04/2014 CONFIDENTIAL - Cemetery Advisory Group  13/05/2014 Review of Council's Liquor Licensing Policy  13/05/2014 Development Application Fee Waiver Policy  13/05/2014 Place and Road Naming Policy  13/05/2014 AHC Code of Conduct for Council Employees

Carried Unanimously

16. QUESTIONS WITHOUT NOTICE

Cr Linda Green – Federal budget implications on Local Government Cr Andrew Stratford – World Heritage Bid presentations, Recognition of 20 years’ service for Crs Gale, Bailey & Nelson Cr Lynton Vonow – Amy Gillett Bikeway & signage re dogs on leash

17. MOTIONS WITHOUT NOTICE

17.1. Paddock Trees

Moved Cr John Kemp S/- Cr Lynton Vonow

That staff have discussions with Ms Joan Gibbs, Chair of Mid Torrens Catchment Group, regarding her presentation to Council and that Council be advised of the outcomes of these discussions.

VARIATION Leave of the meeting was granted to vary the motion.

Moved Cr John Kemp 104 S/- Cr Lynton Vonow

That the CEO instructs staff to have discussions with Ms Joan Gibbs, Chair of Mid Torrens Catchment Group, regarding her presentation to Council and that Council be advised of the outcomes of these discussions. Carried

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A Division was requested by Cr Kemp

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

In the affirmative (7) Councillors Loveday, Jones, Kemp, Gale, Nelson, Vonow, Wisdom

In the negative (3) Councillors Stratford, Green, Herrmann

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

Moved Cr Linda Green 105 S/- Cr Jan-Claire Wisdom

That the meeting be adjourned for a 10 minute recess.

Carried Unanimously 8.50pm The Council meeting resumed.

18. CONFIDENTIAL ITEM 18.1 AHBTC Masterplan – Release of Information – Exclusion of the Public

Moved Cr Jan-Claire Wisdom 106 S/- Cr Linda Green

Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:

 CEO, Andrew Aitken  Director Strategy & Development, Marc Salver  Director Corporate Services, Tim Piper  Director Community & Customer Service, David Waters  Manager Governance & Risk, Lachlan Miller  Minute Secretary, Pam Williams

be excluded from attendance at the meeting for Agenda Item 17.1: AHBTC Master Plan – Release of Information.

The Council is satisfied that, pursuant to section 90(3)(d) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to confer

Mayor ______24 June 2014 96 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 27 MAY 2014 63 MT BARKER ROAD STIRLING

a commercial advantage on a third party because it would disclose Council’s potential land disposal options.

In addition, the disclosure of this information would, on balance, be contrary to the public interest. The public interest in public access to the meeting has been balanced against the public interest in the continued non-disclosure of the information. The benefit to the public at large resulting from withholding the information outweighs the benefit to it of disclosure of the information.

The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because Council’s potential land disposal options may be prejudiced.

Carried Unanimously

18.2 AHBTC Masterplan – Release of Information

Moved Cr Linda Green 107 S/- Cr Lynton Vonow

That Council resolves:

1. That the report be received and noted.

2. To revoke the confidentiality order of 25 March 2014 regarding agenda item 17.1 AHBTC Masterplan (resolution 62/2014) in part and the unhighlighted sections of Appendix 1 of this report to be made available to the public.

Carried Unanimously

19. NEXT MEETING

The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 24 June 2014 from 6.30pm at 63 Mt Barker Road, Stirling.

20. CLOSE MEETING The meeting closed at 8.52pm.

Mayor ______24 June 2014