Adelaide Hills Council

1 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

In Attendance:

Mayor Bill Spragg

Councillors Ward Councillor Jan-Claire Wisdom Manoah 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 Corporate Services Tim Hancock Director Engineering & Assets Marc Salver Director Strategy & Development David Waters Director Community & Customer Service Lachlan Miller Manager Governance & Risk Pam Williams Minute Secretary

1 Commencement The meeting commenced at 6.37pm.

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

Mayor 10 December 2013 2

3.1 Apology

Moved Cr Jan Loveday Carried Unanimously S/- Cr Bill Gale 190

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

3.2 Leave of Absence Nil 3 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

4 Previous Minutes 4.1 Council Meeting 8 October 2013

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Lynton Vonow 191

That the minutes of the ordinary meeting held on 8 October 2013 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 22 October 2013

Moved Cr Linda Green Carried Unanimously S/- Cr John Kemp 192

That the minutes of the Strategic Planning & Development Policy Committee meeting of 22 October 2013 as distributed, be received and noted.

4.2.2 Development Assessment Panel 5 November 2013

Moved Cr John Kemp Carried Unanimously S/- Cr Jan Loveday 193

That the minutes of the Development Assessment Panel meeting of 5 November 2013 as distributed, be received and noted.

4.2.3 Audit Committee 21 October 2013

Moved Cr Kate Hosking Carried Unanimously S/- Cr Jan Loveday 194

That the minutes of the Audit Committee meeting of 21 October 2013 as distributed, be received and noted.

5 Mayor’s Opening Remarks The Mayor attended the following events:  Just Too Deadly Awards in Mt Barker  Cancer Council Relay for Life  Repatriation Department Remembrance Breakfast  Tourism Awards  Aboriginal & Torres Strait Islander War Memorial opening  Remembrance Day service at Stirling 5 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

6 Reports 6.1 Councillor Reports  Cr Vonow attended the Aboriginal & Torres Strait Islander War Memorial opening  Cr Loveday attended a Company Directors panel on Audit Committees & the Basket Range Remembrance Day service  Cr Wisdom attended the Scott Creek Progress Association, Scott Creek Cemetery Pavilion opening, Stirling RSL lunch, LGA Conference, Stirling Meals on Wheels AGM, COTA Awards, Mt Lofty Districts Historical Society, Upper Sturt Hall Strawberry Day, Rockford Estate, Aboriginal & Torres Strait Islander War Memorial and the Mylor Remembrance Service.  Cr Gale – Australia Day 2014 functions, congratulations to the Positive Ageing Centre for their award win  Cr Jones – Adelaide Hills Artists’ Association event  Cr Green attended the Houghton Remembrance Day service  Cr Kemp attended the Adelaide Hills Artists’ Association event, Meals on Wheels AGM, Citizenship ceremony, Upper Sturt Hall Strawberry Day and the funeral of a local resident

7 Declaration of Interest by Members of Council Nil

7.1 CEO Report Andrew Aitken, CEO, provided Council with a verbal Corporate Update.

8 Matters Adjourned for Further Consideration/Lying on the Table 8.1 Adjourned Items 8.1.1 Primary Production Rebate Consultation (from 25 June 2013 meeting)

8.2 Lying on the Table Nil

9 Motions on Notice

With the leave of the meeting, the Motion on Notice was separated into two motions. 9.1 Mt Torrens Coach House 14.3.2

Moved Cr Linda Green Carried Unanimously S/- Cr Malcolm Herrmann 195 7 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

That Council consults with the community about the future use of the Mount Torrens Coach house/former CFS site, with a report back to Council by 8 April 2014.

9.1.1 Identifying place to install sculpture in Mt Torrens

Moved Cr Linda Green Carried S/- Cr Malcolm Herrmann 196

That Council works with the Mount Torrens District and Community Association and Sculpture Symposium Committee to identify a place to install a sculpture in Mount Torrens.

9.2 Change of Date for December Community Forum 09.3.2

With the leave of the meeting, the Motion was altered to include the venue.

Moved Cr John Kemp Carried Unanimously S/- Cr Bill Gale 197

That the December Community Forum for Manoah Ward be moved to Wednesday 18 December 2013 at Scott Creek Hall.

10 Questions on Notice Nil

11 Petitions/Deputations/Public Forum 11.1 Petitions 11.1.1 Street trees, William Street Birdwood 14.67.2 Pam Williams

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Linda Green 198 9 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

That the petition signed by Alwyn Pfeiffer & 21 signatories regarding a tree management strategy for street trees on William Street Birdwood be received.

11.2 Deputations Nil

11.3 Public Forum Hon David Wotton & Mrs Chris Steele Scott re Mt Lofty Botanic Gardens Support Group

12 Presentations Nil

13 Officers’ Reports

13.1 Matched Funding Grant – Kersbrook Public Hall Inc 07.41.17 Stuart Boyd

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Kate Hosking 199

That Council provides $5000 under the Matched Funding Grants Program toward the Kersbrook Public Hall for the roof replacement.

13.2 Matched Funding Grant – Mt Lofty Botanic Gardens Support Group 07.41.17 Stuart Boyd

Moved Cr John Kemp Carried Unanimously S/- Cr Kate Hosking 200

That Council provides $5000 under the Matched Funding Grants Program toward the Mt Lofty Botanic Support Group for the Visitor Centre at Mt Lofty Botanic Gardens.

13.3 Strategic Plan Review 18.20.6 David Waters

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Jan Loveday 201

1. That Council adopts the revised Strategic Plan “Lofty Aspirations Sustainable Actions” 2014 – 2018 as contained in Appendix 1, as a draft for consultation purposes for a three week period commencing 13 November 2013. 11 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

2. That the results of the community consultation process be presented back to the Council as part of the process to adopt the final plan.

13.4 Council meeting dates December 2013 & January 2014 09.3.2 Andrew Aitken

Moved Cr Malcolm Herrmann Carried Unanimously S/- Cr Linda Green 202

That Council approves the following revised meeting dates and times for Council & Committee meetings in December 2013 and January 2014 and advertises accordingly:

 No Strategic Planning & Development Policy Committee meeting to be held in December 2013 and January 2014  Council meeting: Tuesday 21 January 2014 at Stirling, commencing at 6.30pm  Development Assessment Panel (if required): Wednesday 22 January 2014, commencing at 6.30pm

14 Miscellaneous Items 14.1 Documents for Signing & Sealing

14.2 Council Resolutions Update Nil

15 Questions without Notice 3/08/001

Cr Bailey – Lobethal Rodeo Cr Jones – Inaugural Art Prize Cr Herrmann – Annual Report

16 Motions Without Notice 3/08/002 Local Government Act Regulations (13):

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

16.1 National Broadband Network Cr Lynton Vonow 13 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

Moved Cr Lynton Vonow Carried S/- Cr Ian Bailey 203

That the Mayor and Chief Executive Officer write to the Member for Mayo, Jamie Briggs, (with a copy to the Minister for Communications) to express Adelaide Hills Council’s concern about the Federal Government’s cessation of plans to bring the National Broadband Network (NBN) to the parts of the Adelaide Hills for which it was planned under the previous government, ie the Stirling, Aldgate and Bridgewater region, and the Gumeracha and Birdwood area.

The letter should also urge Mr Briggs to support the reinstatement of those plans and priorities, in order to reinvigorate the economic plans of people and businesses in these localities who were factoring the arrival of the NBN into their plans for the future.

16.2 Street Trees, William Street Birdwood Cr Malcolm Herrmann

Moved Cr Malcolm Herrmann Carried S/- Cr Simon Jones 204

That the Chief Executive Officer undertakes public consultation in accordance with the Tree Management Policy and provides a report to Council on the outcome of that consultation, together with a summary of the arborist’s report on the trees at William Street Birdwood, by April 2014.

A Division was requested by Cr Herrmann.

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

In the affirmative (8) Councillors Bailey, Jones, Herrmann, Green, Hosking, Vonow, Gale, Stratford

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

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

16.3 Farewell to Manager Community Development, Stuart Boyd

Moved Cr Ian Bailey Carried Unanimously S/- Cr Linda Green 205

That Council recognises the work done by Stuart Boyd, Manager Community Development, and wishes him the best for the future.

8.23pm Cr Hosking left the meeting room

17 Confidential items

17.1 Sale of Asset – Allotment 202 Deposited Plan 59341, Balhannah - Exclusion of the Public P/502 Tim Hancock

Moved Cr Jan-Claire Wisdom Carried Unanimously S/- Cr Malcolm Herrmann 206 15 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

Pursuant to Section 90(2) and (3)(b) (i) & (ii) 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 & Assets, Tim Hancock  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 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

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

8.25pm Cr Hosking returned to the meeting room

17.1.1

17.1.2 Sale of Asset – Allotment 202 Deposited Plan 59341 Balhannah – (90A Onkaparinga Valley Road, Balhannah) – Confidential Item P/502 Tim Hancock

RELEASED 20 DECEMBER 2013

Moved Cr Jan Loveday Carried Unanimously S/- Cr Kate Hosking 207 17 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

That  Council proceeds with the sale of Allotment 202 Deposited Plan 59341 (90A Onkaparinga Valley Road), Balhannah for the amount of $320,000 (GST exclusive).  Council accepts the contract conditions as detailed in the Contract for the Sale and Purchase of Land that appears as Appendix 2 of this report.  Council considers re-investing a portion of the proceeds from this sale back into a local project as part of the 2014/15 budget deliberations.  The Mayor & CEO be authorised to affix the seal and sign any documentation that is required to achieve a sale of the property.

17.1.3 Sale of Asset – Allotment 202 Deposited Plan 59341, Balhannah – Period of Confidentiality P/502 Tim Hancock

Moved Cr Linda Green Carried Unanimously S/- Cr Jan-Claire Wisdom 208 19 ADELAIDE HILLS COUNCIL MINUTES OF MEETING TUESDAY 12 NOVEMBER 2013 36 NAIRNE ROAD WOODSIDE

That having considered this matter in confidence under section 90(2) and (3) (b) (i) & (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 until the sale has been finalised, 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.

18 Next Meeting The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 10 December 2013 from 6.30pm at Stirling.

19 Close Council meeting The meeting closed at 8.35pm.

Mayor 10 December 2013