72 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 MAY 2020 63 MT BARKER ROAD STIRLING In Attendance Presiding Member: Mayor Jan-Claire Wisdom (via audio/visual link) Members: Councillor Ian Bailey (via audio/visual link) Councillor Kirrilee Boyd (via audio/visual link) Councillor Nathan Daniell (via audio/visual link) Councillor Pauline Gill (via audio/visual link) Councillor Chris Grant(via audio/visual link) Councillor Linda Green (via audio/visual link) Councillor Malcolm Herrmann (via audio/visual link) Councillor John Kemp (via audio/visual link) Councillor Leith Mudge (via audio/visual link) Councillor Mark Osterstock (via audio/visual link) Councillor Kirsty Parkin (via audio/visual link) Councillor Andrew Stratford (via audio/visual link) In Attendance: Andrew Aitken Chief Executive Officer Terry Crackett Director Corporate Services Peter Bice Director Infrastructure & Operations Marc Salver Director Development & Regulatory Services David Waters Director Community Capacity Lachlan Miller Executive Manager Governance & Performance Mike Carey Manager Financial Services Jennifer Blake Manager Communications, Engagement & Events Kylie Hopkins Minute Secretary 1. COMMENCEMENT The meeting commenced at 6.31pm. 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 ____________________________________________________________ 23 June 2020 73 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 MAY 2020 63 MT BARKER ROAD STIRLING 3. APOLOGIES/LEAVE OF ABSENCE 3.1 Apology Nil 3.2 Leave of Absence Nil 3.3 Absent Nil 4. MINUTES OF PREVIOUS MEETINGS 4.1 Council Meeting – 28 April 2020 Moved Cr Pauline Gill S/- Cr John Kemp 85/20 That the minutes of the Ordinary Council meeting held on 28 April 2020, as supplied, be confirmed as an accurate record of the proceedings of that meeting. Carried Unanimously 4.2 Special Council Meeting – 12 May 2020 Moved Cr Malcolm Herrmann S/- Cr Linda Green 86/20 That the minutes of the Ordinary Council meeting held on 12 May 2020 as supplied, be confirmed as an accurate record of the proceedings of that meeting. Carried Unanimously 5. DECLARATION OF CONFLICT OF INTEREST BY MEMBERS OF COUNCIL Under Section 75A of the Local Government Act 1999 Cr Chris Grant disclosed a Perceived Conflict of Interest in Item 12.4 Support for Road Closures – 2020 Shannons Adelaide Rally & 2020 Gorge Rallysprint, the nature of which is as follows: Cr Grant has engaged with residents and other councillors via email on this issue which may be perceived as a pre-determined position on this matter. Cr Grant intends to manage the perceived conflict of interest by judging the information provided on its merits and with an open mind when making his decision on this item. Cr Grant intends to participate in discussions and vote when this item is discussed. Mayor ____________________________________________________________ 23 June 2020 74 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 MAY 2020 63 MT BARKER ROAD STIRLING Under Section 74 of the Local Government Act 1999 Cr Linda Green disclosed a Material Conflict of Interest in Item 12.5 Council Assessment Panel Membership, the nature of which is as follows: Cr Green intends to nominate for the Member position on the Council Assessment Panel which has a sitting fee attached and therefore she has a pecuniary interest. Under Section 74 of the Local Government Act 1999 Cr John Kemp disclosed a Material Conflict of Interest in Item 12.5 Council Assessment Panel Membership, the nature of which is as follows: Cr Kemp intends to nominate for the Member position on the Council Assessment Panel which has a sitting fee attached and therefore he has a pecuniary interest. Under Section 74 of the Local Government Act 1999 Cr Leith Mudge disclosed a Material Conflict of Interest in Item 12.5 Council Assessment Panel Membership, the nature of which is as follows: Cr Mudge intends to nominate for the Deputy Member position on the Council Assessment Panel which has a sitting fee attached and therefore he has a pecuniary interest. Under Section 75A of the Local Government Act 1999 Cr Leith Mudge disclosed a Perceived Conflict of Interest in Item 12.3 Local Heritage Grant Fund Project Approvals and Guideline Amendments, the nature of which is as follows: Cr Mudge has a relative who has a business that provides services similar to those in a quotation attached to the report and there could be a perception of bias. He believes he will be able to manage the perceived conflict and make a decision in the best public interest. Cr Mudge intends to participate in discussions and vote when this item is discussed. 6. PRESIDING MEMBER’S OPENING REMARKS The Mayor commented on important weeks in May, which included volunteer week and reconciliation week, and hoped that Council Members were able to participate in the celebrations. Mayor ____________________________________________________________ 23 June 2020 75 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 MAY 2020 63 MT BARKER ROAD STIRLING 7. QUESTIONS ADJOURNED/LYING ON THE TABLE 7.1 Questions Adjourned Nil 7.2 Questions Lying on the Table Nil 8. PETITIONS/DEPUTATIONS/PUBLIC FORUM 8.1 Petitions Nil 8.2 Deputations 8.2.1 Tim Possingham, Adelaide Rally 8.2.2 Marg Schroder, Lobethal Recreation Ground Sports Club and South Australian Nip the Drought Initiative (SANDI) 7.17pm Mark Osterstock left the meeting 7.19pm Mark Osterstock returned to the meeting 9. PRESENTATIONS 9.1 Mr Graeme Martin, Southern & Hills Local Government Association (S&HLGA) 10. QUESTIONS ON NOTICE Nil 11. MOTIONS ON NOTICE 11.1 Citizen of the Year Location, Cr Pauline Gill Motion was withdrawn 12. OFFICER REPORTS – DECISION ITEMS 12.1 2019-20 Budget – Budget Review 3 Moved Cr Malcolm Herrmann S/- Cr Linda Green 87/20 Council resolves: 1. That the report be received and noted. Mayor ____________________________________________________________ 23 June 2020 76 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 MAY 2020 63 MT BARKER ROAD STIRLING 2. To adopt the proposed budget adjustments presented in Budget Review 3 which result in: a. a reduction in the Operating Surplus from $411k to an Operating Deficit of $13k for the 2019-20 financial year. b. changes to capital resulting in a proposed capital expenditure budget of $16.526m for the 2019-20 financial year from: i. a reduction in Capital Expenditure of $448k ii. the proposed carry forward of capital project income of $1.774m and expenditure of $1.454m to the 2020-21 financial year. c. an increase in Council’s current Net Borrowing Result from $4.100m to $4.395m for the 2019-20 financial year as a result of the proposed operating and capital adjustments. Carried Unanimously 12.2 2020-21 Annual Business Plan and Budget Consultation 8.02pm Cr Kirsty Parkin left the meeting 8.06pm Cr Kirsty Parkin returned to the meeting 8.27pm Cr Mark Osterstock left the meeting 8.31pm Cr Mark Osterstock returned to the meeting Moved Cr Malcolm Herrmann S/- Cr Leith Mudge Council resolves: 1. That the report be received and noted 2. To endorse the draft Annual Business Plan 2020-21 (ABP), as contained in Appendix 1, for community consultation in accordance with Section 123 of the Local Government Act 1999, after adjusting the budget financial information to reflect Capital Expenditure on New and Upgraded Assets of $4.953m. 3. That the CEO be authorised to: a. Make any formatting, nomenclature or other minor changes to the Plan prior to being released for public consultation and b. Determine the consultation timings, media and processes while ensuring consistency and compliance with the provisions of applicable legislation and Council’s Public Consultation Policy. Mayor ____________________________________________________________ 23 June 2020 77 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 MAY 2020 63 MT BARKER ROAD STIRLING Amendment: Moved Cr Kirrilee Boyd Seconded Cr Ian Bailey To insert the words ‘with the removal of Strategic Initiative O5002 – Equipment to broadcast Council meetings’ after the words “Appendix 1” in Part 2 of the motion. Lost Moved Cr Mark Osterstock Seconded Cr Kirsty Parkin 88/20 That the question (motion) be put. Carried That motion was put Moved Cr Malcolm Herrmann S/- Cr Leith Mudge 89/20 Council resolves: 1. That the report be received and noted. 2. To endorse the draft Annual Business Plan 2020-21 (ABP), as contained in Appendix 1, for community consultation in accordance with Section 123 of the Local Government Act 1999, after adjusting the budget financial information to reflect Capital Expenditure on New and Upgraded Assets of $4.953m. 3. That the CEO be authorised to: a. Make any formatting, nomenclature or other minor changes to the Plan prior to being released for public consultation and b. Determine the consultation timings, media and processes while ensuring consistency and compliance with the provisions of applicable legislation and Council’s Public Consultation Policy. Carried Unanimously Mayor ____________________________________________________________ 23 June 2020 78 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 MAY 2020 63 MT BARKER ROAD STIRLING 12.3 Local Heritage Grant Fund Project Approvals and Guideline Amendments Cr Leith Mudge declared a Perceived Conflict of Interest at Agenda Item 5 ‘Declaration of Interest by Members of the Council’ in relation to Item 12.3 Local Heritage Grant Fund Project Approvals and Guideline Amendments. Moved Cr Chris Grant S/- Cr Ian Bailey 90/20 Council resolves: 1.