MINUTES of the MEETING of the Mount Barker District Council Held in the Council Chambers of the Local Government Centre, Mount Barker on Monday 2 March 2020 at 7.00Pm

MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 1

MINUTES OF THE MEETING of the Mount Barker District Council held in the Council Chambers of the Local Government Centre, Mount Barker on Monday 2 March 2020 at 7.00pm.

PRESENT Mayor Ferguson, Councillors Bailey, Jones, Grosser, Hardingham, Leach, Minett, Morrison, Orr, Seager and Westwood.

IN ATTENDANCE: Chief Executive Officer (A. Stuart), Deputy CEO/General Manager – Governance, Strategic Projects and Wastewater/Recycled Water (B. Clancey) General Manager Community Services (G. Parker), General Manager Infrastructure (P. Burton), A/g General Manager Planning & Development (L. Gray), Chief Financial Officer (A. Oulianoff), Manager Health & Public Safety (J. Tann), A/g Manager Revenue, Property & Records (M. Moyle), Revenue & Property Officer (M. Willox), Strategic Planner (K. Wohlstadt) and the Minute Secretary (S. Miller)

The meeting opened with an Expression of Faith

Acknowledgement of Land

1. APOLOGIES/LEAVE OF ABSENCE NIL

2. QUESTIONS FROM THE GALLERY (15 MINUTES)

2.1 Ms Emma Martin asked a question regarding Nairne West sign status. A/g General Manager Planning & Development Mr Luke Gray took the question on notice for response to be provided by staff.

3. CONFIRMATION OF THE MINUTES

3.1 Moved Councillor Orr that the minutes of the meeting held on 3 February 2020 date as circulated to members be confirmed as a true and accurate record of proceedings

Seconded Councillor Westwood CARRIED OM20200302.01

4. CONFLICT OF INTEREST DECLARATION NIL MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 2

5. DEPUTATIONS

5.1 Ms Tereza Dickeson – Dog Park, Nairne 7.02pm to 7.07pm

5.2 Ms Christie Gordon – Venables Street Improvement Project 7.08pm to 7.11pm

5.3 Ms Christie Gordon – Macclesfield Township Plan 7.11pm to 7.13pm

6. QUESTIONS WITH NOTICE NIL

7. QUESTIONS WITHOUT NOTICE NIL

8. MOTIONS ON NOTICE NIL

9. MOTIONS WITHOUT NOTICE NIL

10. PETITIONS

10.1 REPORT TITLE: RECEIVE PETITION: REDUCTION OF SPEED LIMIT BALD HILLS ROAD FROM SPRINGS ROAD ROUNDABOUT TO HARTMAN ROAD, MOUNT BARKER DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/23186

Moved Councillor Jones that Council:

1. receives the petition; and

2. note that Council staff will respond to the petitioner, and if so determined by staff, a further report may be prepared for consideration at a future Council meeting.

Seconded Councillor Orr CARRIED OM20200302.02

MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 3

11. RECOMMENDATIONS FROM ADVISORY COMMITTEES

11.1 STRATEGIC PLANNING DEVELOPMENT & POLICY COMMITTEE – 17 February 2020

REPORT TITLE: KANMANTOO COPPER MINE DPA DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/14736

Moved Councillor Seager that Council, as per the recommendation of the Strategic Planning and Development Policy Committee at their meeting held 17 February 2020, note the verbal representations from persons with an interest in the Kanmantoo Copper Mine DPA will be considered along with all representations and submissions when Council makes their final determination on the DPA.

Seconded Councillor Morrison CARRIED OM20200302.03

12. REPORTS

12.1 REPORT TITLE: LIMITED TITLE DEBT PROPERTIES - PUBLIC CONSULTATION TO DECLARE AS PUBLIC ROADS DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/18796

ATTACHMENTS: 1. DOC/20/18808 -AERIAL PHOTO – HANDKE ROAD  2. DOC/20/18806 – AERIAL PHOTO – SHAKES ROAD 3. DOC/20/18809 – AERIAL PHOTO – DARBY ROAD 4. DOC/20/18812 – AERIAL PHOTO – PAECHTOWN ROAD

Moved Councillor Minett that Council approve the commencement of public consultation regarding declaring the properties detailed below as public roads:

(a) Assessment # 86268 – CT 6148/879 – Handke Road Macclesfield (b) Assessment # 52332 – CT 5746/971 – Shakes Road Nairne (c) Assessment # 86017 – CT 5598/764 & CT 5598/764 – Darby Road Paechtown (d) Assessment # 142992 – CT 5598/762 – Paechtown Road Paechtown

Seconded Councillor Jones CARRIED OM20200302.04

MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 4

12.2 REPORT TITLE: NAIRNE RECREATION GROUND – COMMUNITY LAND REVOCATION (LAND EXCHANGE) DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/16747 ATTACHMENTS: 1. DOC/19/145972 – AERIAL PLAN NAIRNE REC GROUND 2. DOC/19/145980 – SURVEY PLAN 3. DOC/19/146033 – PROPOSAL TO THE MINISTER TO REVOKE COMMUNITY LAND

Moved Councillor Westwood that Council:

1. note that no submissions opposing the revocation of the proposed Community Land Classification Revocation were received for the portions of land at the Nairne Recreation Ground;

2. authorises the Mayor to write to the Minister requesting approval for Council to revoke the classification of the portions of Community Land within Lot 6 FP16123 CR 5445/698; and

3. note following the response from the Minister a further report will be prepared for Council.

Seconded Councillor Minett CARRIED OM20200302.05

12.3 REPORT TITLE: RATE RELIEF FOR BUSHFIRE AFFECTED PROPERTIES DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/16062 ATTACHMENTS: DOC/20/16496 - CUDLEE CREEK FIRE RATES INFORMATION LETTER

Moved Councillor Leach that Council:

1. provides additional support to those residents affected by the fire. Request the suspension of debt collection processes, other than issue rate notices, on any property in the Harrogate, Brukunga and Mount Torrens locality for six (6) months from the date of the Cudlee Creek bushfire 20 December 2019;

2. suspend debt collection processes other than the issue of rate notices, on the 16 identified properties as being destroyed for a period of twelve (12) months from the date of the Cudlee Creek bushfire 20 December 2019 and prevent the application of late payment penalties during this period.

MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 5

3. request to send, to the 16 identified properties as being destroyed by the fire, a letter notifying each resident of the decision made by Council from the Recommendation in paragraph 2.

Seconded Councillor Orr CARRIED OM20200302.06

12.4 REPORT TITLE: GRANT FUNDING – OPEN SPACE AND PLACES FOR PEOPLE DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/16988 ATTACHMENTS: 1 Meadows Recreation Ground Expansion DOC/20/25026

Moved Councillor Westwood that Council:

1. authorise the Chief Executive Officer or nominee to finalise and submit the following applications for grant funding to the State Government for the amounts shown, being 50% of the estimated total cost of each project:

Places for People

 Greening Littlehampton $400,000.00 (The Glebe Land and Miels Park); and  Venables Street $250,000.00, Macclesfield Main Street Upgrade.

Open Space

 Harrogate Playspace and Reserve Upgrade $85,000.00  South Eastern Freeway to Anembo Park Shared Trail (via Childs Rd) $150,000.00

2. note that a further report will be presented to Council regarding the potential purchase of land adjoining the Meadows Recreation Ground. The timing of this report will be influenced by the nature and progression of the land sales process.

Seconded Councillor Orr CARRIED OM20200302.07

MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 6

12.5 REPORT TITLE: CAT REGISTRATION FEES AND CAT MANAGEMENT PROCEDURE DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/19/135245 ATTACHMENTS: A1: CAT MANAGEMENT PROCEDURE – DOC/19/135244

Moved Councillor Westwood that Council endorse the proposed cat registration fees set out in Table 1 below. Cat registration fees would come into place for the 2020/21 financial year.

Cat Classification Proposed Per Cent fees for Rebate 2020/21 Non Standard cat $40 Nil (not microchipped and/or not desexed) Standard cat $20 50% (microchipped and desexed) Concession Card Holders $20/$10 50% Late Registration Fee $10 Nil Kitten Registration (under 6 months of Free Nil age)

Seconded Councillor Leach CARRIED OM20200302.08

12.6 REPORT TITLE: PROPOSED NEW RECYCLED WATER SUPPLY AGREEMENT - W & A LEGGAT DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/3071 ATTACHMENTS: NIL

Moved Councillor Grosser that Council authorise the Chief Executive Officer (or his delegate) to finalise and execute a Non-Residential Recycled Water Supply Agreement for recycled water between Council and W & A Leggat for a 3 year term commencing 1 March 2020 for 1MegaLitre per annum, rebated at 70% off the base price (Base Price as determined annually by Council minus 70%).

Seconded Councillor Seager CARRIED OM20200302.09

12.7 REPORT TITLE: WATERCOURSE MANAGEMENT PLAN FOR MOUNT BARKER DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/19/159783

ATTACHMENTS: DOC/20/8681 Draft Watercourse Management Plan for Mount Barker MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 7

Moved Councillor Grosser that Council:

1. supports public consultation on the Draft Watercourse Management Plan for Mount Barker, and;

2. notes a further report will be brought to Council to endorse the plan after public consultation has concluded.

Seconded Councillor Minett CARRIED OM20200302.10

12.8 REPORT TITLE: UNDERGROUNDING POWER LINES (PLEC) IN LITTLEHAMPTON DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/16832 ATTACHMENTS: DOC/20/20380. ATTACHMENT A - MAPS

Moved Councillor Westwood that Council: 1. note the status of the undergrounding project in Littlehampton and the difficulties in securing a switchboard cabinet location on private land and the implications of finding contaminated soil along the proposed trench alignment, and;

2. approve a reduction to the original scope of the project by reducing the length of undergrounding by approximately 90 metres on the Eastern end (to terminate at the border of Petra Motors and the Medical Centre) to ensure the project budget is not exceeded.

Seconded Councillor Leach CARRIED OM20200302.11

12.9 REPORT TITLE: LARATINGA TRAIL EXTENSION TO REGIONAL SPORTS HUB DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/11522 ATTACHMENTS: NIL

Moved Councillor Orr that Council endorse the underpass option as the most preferred method to cross Bald Hills Road along the regional sports hub trail, noting that further design will be undertaken on the endorsed option with construction to commence in 20/21.

Seconded Councillor Seager CARRIED OM20200302.12

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12.10 REPORT TITLE: PREPARATION OF THE BRUKUNGA AND HARROGATE TOWNSHIPS PLAN (FOR CONSULTATION) DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/23282 ATTACHMENTS: 1 - DOC/20/23278 – BRUKUNGA AND HARROGATE LOCATION PLAN

Moved Councillor Leach that Council authorise staff to undertake a four (4) week period of public consultation and engagement with the wider communities of Brukunga and Harrogate intended to assist the development of a draft Townships Plan aimed at guiding the priorities for coordinated projects, planning, services and infrastructure with a specific focus on bushfire recovery efforts and building long term resilience in the wake of the Cudlee Creek bushfire event.

Seconded Councillor Seager CARRIED OM20200302.13

12.11 REPORT TITLE: MACCLESFIELD TOWNSHIP PLAN DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/14946 ATTACHMENTS: 1 - DOC/20/18013 - Macclesfield Township Plan (Final) for Council Endorsement 2 - DOC/20/17580 - Summary of Community Feedback and Amendments to Draft Plan Table

Moved Councillor Orr that Council:

1. endorse the Macclesfield Township Plan. (Attachment 1);

2. note that timing and implementation of the Plan is subject to Council’s priorities and where necessary, the securing of external funding.

Seconded Councillor Morrison CARRIED OM20200302.14

12.12 REPORT TITLE: LOCAL HERITAGE DEVELOPMENT PLAN AMENDMENT – STATEMENT OF INTENT AND CONSULTATION DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/16620 ATTACHMENTS: 1 DOC/20/9966 - STATEMENT OF INTENT 2 DOC/20/18862 -DATA SHEETS 3 DOC/20/2933 - THEMATIC HISTORY

Moved Councillor Westwood that Council:

MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 9

1. endorse the attached Statement of Intent (SOI) and 42 Local Heritage Data Sheets, to be lodged with the Minister for Planning in accordance with Section 25 of the Development Act.

2. authorise the General Manager of Planning and Development to undertake any minor administrative/grammatical amendments to the Statement of Intent and/or the Local Heritage Data Sheets deemed necessary to obtain agreement from the Minister for Planning.

3. upon approval of the SOI by the Minister for Planning that Council commence public and agency consultation, in accordance with Regulation 25 of the Development Act 1993, for a period of 8 weeks.

Seconded Councillor Bailey CARRIED OM20200302.15

12.13 REPORT TITLE: MOUNT BARKER DISTRICT HOUSING STRATEGY DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/18748 ATTACHMENTS: 1 - DOC/20/25143 - Mount Barker District Housing Strategy

Moved Councillor Minett that Council:

1. endorse the Mount Barker District Housing Strategy (Attachment 1).

2. note that Council’s role in delivering improved housing outcomes varies and that in many instances Council’s role will be to inform and advocate for change rather than directly intervene.

3. endorse the Mayor to forward the Housing Strategy to the Minister for Human Services.

Seconded Councillor Jones CARRIED OM20200302.16

12.8 REPORT TITLE: WARD DONATIONS DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/19/110217 ATTACHMENTS: NIL

Moved Councillor Orr that Council will make the following donations, given that each Member nominating the donation has given careful consideration to whether there is a conflict of interest:

MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 10

Council Member Amount Group/Individual/Purpose Councillor Westwood $50 Benjamin Silver towards travel DOC/20/24381 expenses, uniforms and accommodation as Australian team member travelling to 2020 Thailand Development Tour Bangkok 12-25 April 2020 Councillor Westwood $100 Harrogate Soldiers Memorial Hall to DOC/20/24381 assist with expenses relating to the CFS Thank You BBQ on 7 March 2020 Councillor Grosser $100 Pedal Prix, Mount Barker High School

Seconded Councillor Westwood CARRIED OM20200302.17

13. INFORMATION REPORTS

Moved Councillor Orr that the following information reports be noted enbloc.

13.1 REPORT TITLE: HAHNDORF MAIN STREET REVITALISATION DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/14441 ATTACHMENTS: 1 – DOC/19/132540 – Thematic Consultation Summary Table 2 – DOC/19/145521 – Survey Summary Table 3 – DOC/19/148505 - Written Submissions

13.2 REPORT TITLE: REGIONAL SPORTS HUB STAGE 1 INFORMATION REPORT DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/18196 ATTACHMENTS: Nil

13.3 REPORT TITLE: 64 ALEXANDRINA ROAD SOIL AND GROUNDWATER TESTING RESULTS DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/17068 ATTACHMENTS: 1. FYFE ENVORONMENTAL BASELINE CONTAMINATION ASSESSMENT DOC/20/17057

13.4 REPORT TITLE: WEED CONTROL TRIALS DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/21139 ATTACHMENTS: NIL

Seconded Councillor Leach CARRIED OM20200302.18

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14. QUARTERLY REPORTS

Moved Councillor Jones that the following reports be noted enbloc.

14.1 REPORT TITLE: HIGH OPERATIONAL AND STRATEGIC RISKS DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/16411 ATTACHMENTS: NIL

14.2 REPORT TITLE: 2ND QUARTER REPORT ON ANNUAL BUSINESS PLAN 2019/20 PERFORMANCE MEASURES DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/18883 ATTACHMENTS: 1 - DOC/20/5242 BUSINESS PLAN 2019/20 KEY ACTIONS AND PERFORMANCE MEASURES

14.3 REPORT TITLE: REGIONAL DEVELOPMENT AUSTRALIA QUARTERLY PROJECT REPORT OCTOBER - DECEMBER 2019 DATE OF MEETING: 2 MARCH 2020 FILE NUMBER: DOC/20/20591 ATTACHMENTS: 1 – DOC/20/10309– RDA QUARTERLY REPORT OCTOBER - DECEMBER 2019

Seconded Councillor Westwood CARRIED OM20200302.19

15. MAYOR’S REPORT

 Review of applications Audit and Risk Committee  Strategic Planning Policy Development Committee  Zonta meeting  Interviews for Audit and Risk Committee  Mt Barker Christadelphians Church Service & Luncheon  Community Food Pickup  National Growth Areas Alliance Strategic Advisory Committee telephone meeting  Littlehampton CFS meeting  Cooking class at Community Living Australia  Cudlee Creek Local Bushfire Recovery Meeting  Courier Cup opening  Summit Café Opening – Community Building Services  Adelaide Festival Official Opening and Show  Informal Gathering Planning Development Infrastructure Act 2016  Tour of fire affected areas  Meeting with National Bushfire Recovery Coordinator  MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 12

16. MEMBERS’ REPORTS

Councillor Jones  Tour of fire affected area  Meeting with Council Officer  Weekly Meeting with Mayor  SHLGA Meeting - Kangaroo Island  Fire recovery forum - Kangaroo Island  Meeting with Resident  Informal Gathering - Wastewater  Weekly Meeting with Mayor  Meeting with LGA  Mt Barker Business Group Breakfast  Meeting with Local Business  SPDPC Meeting  Zonta meeting  Weekly Meeting with Mayor  Adelaide Hills Reconciliation Working Group  Informal Gathering - Confidential City Catalyst  Courier Cup  Meeting with Local Business  Fashion Parade - Gawler Street  Informal Gathering - Tour of Library  Council Meeting

Councillor Minett  All British Day, Echunga  Fire support concert, Cheese Factory, Meadows  Informal Gathering Council  Resident Meeting Macclesfield  Visit, Mens’ Shed, Macclesfield  Volunteer, Art Group, Duck Flat garden  Volunteer, Farmers’ Market, Mt. Barker  Resident Meeting Macclesfield  Meeting Venables St. upgrade, Macclesfield  Informal Gathering Council  Community Association Meeting, Macclesfield  Arts Meeting, Mt. Barker  Resident Meeting, Macclesfield  Informal Gathering Council  Picture Presentation, CFS, Macclesfield  Resident Meeting Macclesfield  Arts Performance, Mt. Barker

Councillor Bailey  Briefing Session and Council Meeting  Library event - Author Rose Hartley  Murray Watch meeting, Murray Bridge MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 13

 SAMDB NRM meeting Murray Bridge (re. WAP)  Planning Meeting – Box Factory (CASA)  Climate Ready Community Training, with Red Cross at ESC  Hahndorf Academy Exhibition 7-15 March  Hahndorf Academy – Ian Hamilton, Deb Sleeman  Briefing 4.30-65 Council  HAHAC, Mount Barker SM Hospital  Adelaide Pavilion – Churchill Fellowships  AHFM – Info Desk  Transition Australia Zoom Conference  Informal Council gathering SPCD  City Centre Catalyist EOI  Memorial Service for Robin Coles, Mylor Hall.

Councillor Westwood  Littlehampton Comm. Assoc. Chairman’s BBQ - Littlehampton  Hahndorf Lion Harry Tillyer’s funeral - Balhannah  Information session National Bushfire Recovery Agency – ESC Laratinga Room  Mt Barker Show dinner, St Paul’s church, Hahndorf  All British Car day, Echunga Oval  Elected member information session, Council Chambers  Hahndorf Community Hall Committee meeting – Hahndorf  SPDPC meeting – Council chambers  Elected member information session – Council Chambers  Hahndorf Memorial Institute meeting – Hahndorf Institute  Meeting with resident - Nairne  Harrogate Hall meeting – Harrogate  Meeting with resident – Willow Park Littlehampton  Meeting with Elected member – Nairne  Adelaide Festival opening – Elder Park, Adelaide  Informal Gathering Mount Barker Community Library

Councillor Orr  Littlehampton Community Association BBQ  Mt Barker RSL Meeting  Echunga Memorial Institute AGM  Elected Member Information Sessions  Mt Barker Show Fundraiser Dinner  All British Day in Echunga  Meetings with Residents  Nairne RSL AGM  Mt Barker Lions Club Meetings  Mt Barker CFS Presentation  Mt Barker Residents Association AGM  Rotary/Lions "Conquer the Summit" Meetings  Lions BBQ in Totness  Bert Walkoms 100th Birthday Celebrations  Macclesfield Clean Up Australia Day Event  Macclesfield Lions Leap Year Sale MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 14

17. QUESTIONS ARISING FROM COUNCIL MEETING

17.1 Ms Debbie McKay asked questions regarding Item 12.3 Mount Barker District Housing Strategy availability of printed copies, and Nairne West signage. Luke Gray A/g General Manager Planning and Development provided a response at the meeting regarding Item 12.3 and took the signage question on notice for a response to be provided by council staff.

18. CONFIDENTIAL REPORTS

18.1 REPORT TITLE: CONFIDENTIAL ITEM: APPOINTMENT OF AN INDEPENDENT MEMBER TO THE AUDIT AND RISK COMMITTEE DATE OF MEETING: 2 MARCH 2020

Moved Councillor Westwood that Council:

Pursuant to Section 90(3)(a) Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all members of the public except Chief Executive Officer, Deputy CEO/General Manager – Governance, Strategic Projects and Wastewater/Recycled Water, Chief Financial Officer, A/g General Manager Planning and Development, General Manager Community Services, General Manager Infrastructure, and the Minute Secretary be excluded from attendance at the meeting for Agenda Item 18.1 Appointment of an Independent Member to the Audit and Risk Committee.

The Council is satisfied that pursuant to Section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to this Agenda item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of people who expressed an interest in membership of the Audit and Risk Committee in that details included in their resumes will be discussed.

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 the disclosure of details relating to personal information of people who expressed an interest in membership of the Committee will be discussed.

Seconded Councillor Morrison CARRIED OM20200302.20

Moved Councillor Westwood that Council

Section 91(7) Order Pursuant to Section 91(7) That having considered Agenda Item 18.1 Appointment of an Independent Member to the Audit and Risk Committee in confidence under 90(2) and 3(a) of the Local Government Act 1999, the Council pursuant to Section 91(7) of MOUNT BARKER DISTRICT COUNCIL MINUTES OF THE COUNCIL MEETING HELD ON MONDAY 2 MARCH 2020 15

the Act orders that the report and minutes be retained in confidence until the successful applicant and unsuccessful applicants have been advised of Council’s decision.

Seconded Councillor Jones CARRIED OM20200302.22

18.2 REPORT TITLE: CONFIDENTIAL: CITY CENTRE CATALYST DEVELOPMENT: EXPRESSION OF INTEREST DATE OF MEETING: 2 MARCH 2020

Moved Councillor Leach that Council:

1. Pursuant to Section 90(3)(b) Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all members of the public except Chief Executive Officer, Deputy Chief Executive Officer/General Manager Governance, Strategic Projects and Wastewater/Recycled Water, General Manager Infrastructure, General Manager Community Services, A/g General Manager Planning and Development, Chief Financial Officer, Minute Secretary, Ben Koop (JLL/Alinea Group) be excluded from attendance at the meeting for Agenda Item 18.2 Confidential: City Centre Catalyst Development: Expression of Interest.

The Council is satisfied that pursuant to Section 90(3)(b) of the Act, the information to be received, discussed or considered in relation to this Agenda item is information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the Council is: - conducting business; or - proposing to conduct business; or - would prejudice the commercial position of the Council

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 continued non-disclosure of this 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 of the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of Council’s commercial position would seriously compromise the Council’s ability to engage and negotiate effectively as the Council’s commercial position in relation to the matter would inappropriately become known to any potential proponent.

Seconded Councillor Jones CARRIED OM20200302.23

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Moved Councillor Morrison that Council:

8. Pursuant to Section 90 (3) (b) That having considered Agenda Item 18.2 Confidential: City Centre Catalyst Development: Expression of Interest, in confidence under 90(2) and (3)(b) of the Local Government Act 1999, the Council pursuant to Section 91(7) of the Act orders that the council report, attachments, related documents and all minutes be retained in confidence until 25 February 2030 or earlier as determined by the Chief Executive Officer, other than information that is required for consultation. This order will be reviewed every 12 months.

Seconded Councillor Orr CARRIED OM20200302.26

MEETING DECLARED CLOSED AT 8.49PM

MAYOR DATE