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 Mayor _________ 24 June 2014 77 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 27 MAY 2014 63 MT BARKER ROAD STIRLING 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 Mayor _________ 24 June 2014 78 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 27 MAY 2014 63 MT BARKER ROAD STIRLING 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 Mayor _________ 24 June 2014 79 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 27 MAY 2014 63 MT BARKER ROAD STIRLING 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 Mayor _________ 24 June 2014 80 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 27 MAY 2014 63 MT BARKER ROAD STIRLING 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? Mayor _________ 24 June 2014 81 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 27 MAY 2014 63 MT BARKER ROAD STIRLING 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.