[please note: these minutes are unconfirmed until 26 april ... · tuesday 22 march 2016 63 mt...

39ADELAIDE HILLS COUNCIL

MINUTES OF ORDINARY COUNCIL MEETINGTUESDAY 22 MARCH 2016

63 MT BARKER ROAD STIRLING

[Please Note: These minutes are unconfirmed until 26 April 2016]

Mayor ___________ 26 April 2016

In Attendance:

Presiding Member: Mayor Bill Spragg

Members:

Councillor WardCouncillor Ron NelsonCouncillor Jan-Claire Wisdom Manoah

Councillor Ian Bailey Marble HillCouncillor Kirrilee BoydCouncillor Nathan DaniellCouncillor John Kemp

Mt Lofty

Councillor Lynton VonowCouncillor Andrew Stratford Onkaparinga Valley

Councillor Linda GreenCouncillor Malcolm Herrmann Torrens Valley

In Attendance:

Andrew Aitken Chief Executive OfficerTerry Crackett Director Corporate ServicesPeter Bice Director Engineering & AssetsLachlan Miller Director Strategy & DevelopmentDavid Waters Director Community & Customer ServiceAndrea Sargent Manager Governance & RiskMark Buckerfield Manager Built & Natural AssetsMelissa Bright Economic Development OfficerJohn McArthur Manager Waste, Health & Regulatory ServicesPeter Matushik Senior Property OfficerPam Williams Minute Secretary

1. COMMENCEMENTThe meeting commenced at 6.37pm.

2. OPENING STATEMENT“Council acknowledges that we meet on the traditional lands of the Peramangk andKaurna 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 ourchildren and in this context the decisions we make should be guided by the principle thatnothing we do should decrease our children’s ability to live on this land.”





Mayor ___________ 26 April 2016

3. APOLOGIES/LEAVE OF ABSENCE

3.1 ApologyCr Jan Loveday

3.2 Leave of AbsenceCr Val Hall

3.3 AbsentNil

4. MINUTES OF PREVIOUS MEETINGS

4.1 Council Meeting – 23 February 2016

Moved Cr Malcolm HerrmannS/- Cr Jan-Claire Wisdom

45

That the minutes of the ordinary meeting held on 23 February 2016 as supplied, beconfirmed as an accurate record of the proceedings of that meeting.

Carried Unanimously

5. DECLARATION OF INTEREST BY MEMBERS OF COUNCILNil

6. PRESIDING MEMBER’S OPENING REMARKS

Mayoral Activities since 22/02/2016

Wednesday 24 February Mayor and CEO Mitcham Council @ Mitcham Crafers Resident re Development @ Stirling

Friday 26 February Southern and Hills Local Government Association @ Kingscote

Friday 4 March Clipsal @ Adelaide

Wednesday 9 March Metropolitan Local Government Group meeting @ Adelaide

Wednesday 16 March SA Regional Organisation of Councils meeting @ Adelaide





Mayor ___________ 26 April 2016

Thursday 17 March Upper Torrens Land Management Project special meeting @ Mt Pleasant

Friday 18 March Celebrating Resilience Day - Sampson Flat Recovery @ Golden Grove

Monday 21 March Citizenship Ceremony @ Stirling

Media

Advertiser re: Inverbrackie saleAustralian re: Inverbrackie saleCourier re: Inverbrackie sale, youth unemployment in the Hills & Avenue Road, Stirling,traffic controlsABC TV re: Resilience of community after Sampson Flat fire

7. REPORTS

7.1 Council Member Reports

Cr Jan Loveday

29 February – Arbury Park School Council @ Bridgewater 1 March – CDAP @ Stirling 16 March – AHC Workshop/training @ Lobethal

Cr Jan-Claire Wisdom

1 March - CDAP @ Stirling 2 March - AHC Workshop @ Stirling 3 March - Sturt Valley Rd Community meeting @ Stirling 4 March - Intl Women's Day Breakfast @ Adelaide 8 March - SPDPC @ Woodside 10 March - Sport and Recreation Advisory Group @ Stirling 16 March - EM Training workshop @ Lobethal 17 March - GLF event @ Adelaide 21 March - Citizenship ceremony @ Stirling

Cr Malcolm Herrmann

27 February - RSL Annual Dinner @ Gumeracha 29 February - Birdwood High School Presentation of Milton Checker Scholarship 4 March - Presentation night Birdwood Cricket Club





Mayor ___________ 26 April 2016

6 March – Sampson Flat Bushfire Resilience couch mosaic @ Gumeracha 15 March - TV Lions Club @ Gumeracha 21 March - Audit Committee Training LGA @ Adelaide 21 March - AHC Citizenship ceremony @ Stirling

Cr John Kemp

1 March - CDAP @ Stirling 21 March - Audit Committee Training Session LGA @ Adelaide 21 March - AHC Citizenship ceremony @ Stirling

Cr Linda Green

27 Feb 2016 – Elevate @ Gumeracha Park 27 Feb 2016 - RSL Dinner @ Gumeracha 1 Mar 2016 – CDAP @ Stirling 10 Mar 2016 - Kersbrook Resident Association @ Kersbrook 17 Mar 2016 - Upper Torrens Land Management @ Mount Pleasant 18 Mar 2016 - Resilience Day @ Golden Grove

Cr Lynton Vonow

21 March – Freight train bypass committee meeting

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

Mayor Bill Spragg - Report of representation on external body – Metropolitan LocalGovernment Group (MLGG) Strategic Priorities for 2016

1. Economic Development Develop an online resource of best practice casestudies and relevant reference material of SAcouncils in economic development.

Prepare a directory of relevant State Governmentofficers to facilitate improved connection andcommunication between councils and StateGovernment agencies.

Receive a report from the Metro Local GovernmentTourism Officers Network regarding their priorityactivities for 2016 along with any resourcerequirements.

2. Planning reform Receive a report on and discuss the progress of thePlanning, Development & Infrastructure Bill 2015





Mayor ___________ 26 April 2016

and implementation arrangements. Receive a report and presentation from DPTI on the

progress of the update of the ‘30-Year Plan forGreater Adelaide’.

Recommence work on the ‘Heritage and Character’project that was deferred in 2015.

Seek interest and commitment from MLGG membersto implement and report on planning culture andpractice improvement initiatives.

3. Improving Efficiency Undertake an audit and economic analysis of sharedservices and formal collaboration/partnershipsarrangements between metropolitan councils

Invite metropolitan councils to submit potentialprogram items for the LGA Best Practice Showcasebeing held in April 2015.

Receive a report on the work of the stategovernment’s ‘simpler regulation unit’ and theopportunities for local government engagement.

Seek interest and commitment from MLGG membersto pilot programs and initiatives to improveefficiency and provide regular reports on progressand outcomes.

Other Endorsed Activities1. Precinct Planning2. Cycling Strategy3. Environment

The President’s Forum at the Royal Banquet Room Adelaide Showgrounds will beaddressing several key issues for 2016 including:

Councils of the Future: LGA of the Future:• Regional Governance Framework • LGA Governance Review• Council Boundary Adjustment Process • LGA Subscriptions Review

Cr Jan Loveday

24 February – Dog & Cat Management Board (DCMB) @ Strathalbyn

Cr Jan-Claire Wisdom

18 March - State Libraries Board Meeting and Metro Tour @ Adelaide





Mayor ___________ 26 April 2016

Cr Malcolm Herrmann

17 March Upper Torrens Land Management Group @ Mount Pleasant

7.3 CEO ReportAndrew Aitken, CEO, introduced Peter Bice, newly appointed Director Engineering &Assets, and provided Council with a verbal Corporate Update, including:

Regional Health Plan Zone Emergency Management Committee Engineering projects – Kersbrook, Stirling Mt Barker Rural Primary Production DPA Winery provisions Library news Equity & Diversity training

8. QUESTIONS ADJOURNED/LYING ON THE TABLE

8.1 Questions AdjournedNil

8.2 Questions Lying on the TableNil

9. PETITIONS / DEPUTATIONS / PUBLIC FORUM

9.1 PetitionsNil

9.2 DeputationsJonathon Robran, Annie Bainger & participants, Operation Flinders

9.3 Public ForumHeath Johansen, Stirling HotelLynton Franz, Summertown Community Centre facility upgrade

10. PRESENTATIONSNil





Mayor ___________ 26 April 2016

11. QUESTIONS ON NOTICE

11.1 Sampson Flat Firewood – Cr Malcolm Herrmann

Has the Council received any proceeds of the sale of wood after the Sampson FlatBushfire? If so, to which charities have funds been donated?

Response – Chris Janssan, Manager Works & Services

The timber that was stored on Little Para Road was moved by Council in mid-February andapproximately 125 tonnes was distributed to Wood for Good and the balance wasdistributed to the Onkaparinga Rotary Club, as per the report to Council in October 2015.

Wood for Good is a charity which processes wood into either a bagged or bulk productwith the proceeds going via an associated foundation, the Hosking Foundation, tocharity/charities nominated by Council. Charities which have a charitable status andprovide a benefit to the fire affected community (eg. Red Cross, Salvation Army, Habitatfor Humanity, etc.) will be selected and discussed with Council Members. Due to themethod of selling the wood any return to a Council nominated charity would not beexpected before the end of winter and may even be into next season.

The Rotary Club of Onkaparinga is a local club based at Lobethal. Rotary support a range ofprograms including ongoing fencing and clean-up for fire affected families across theCouncil area; and support for all schools and kindergartens both financially and in kind. Allfunds raised are used for community projects with no administrative cost taken frommoney raised. Any monies raised by Rotary will go directly back into supporting theirongoing programs.

12. MOTIONS ON NOTICENil

13. REPORTS OF COMMITTEES

13.1 Development Assessment Panel – 1 March 2016

Moved Cr Linda GreenS/- Cr Nathan Daniell

46

That the minutes of the Development Assessment Panel meeting of 1 March 2016 asdistributed, be received and noted.

Carried Unanimously





Mayor ___________ 26 April 2016

13.2 Strategic Planning & Development Policy Committee – 8 March 2016

Moved Cr Ian BaileyS/- Cr John Kemp

47

That the minutes of the Strategic Planning & Development Policy Committee meeting of8 March 2016 as distributed, be received and noted, noting that Cr Kemp was present.

Carried Unanimously

13.3 Audit Committee – 22 February 2016

Moved Cr Malcolm HerrmannS/- Cr John Kemp

48

That the minutes of the Audit Committee meeting of 22 February 2016 as distributed,be received and noted.

Carried Unanimously

13.4 CEO Performance Review PanelNil

14. OFFICER REPORTS – DECISION ITEMS

With the leave of the meeting, item 14.10, Summertown Tennis Courts, was broughtforward to this point on the agenda.

14.10 Summertown Tennis Courts

Moved Cr John KempS/- Cr Ron Nelson

49

Council resolves:

1. That the report be received and noted.2. That Council supports the upgrade of the tennis and netball courts at Tregarthen

Reserve Summertown.3. That a capital budget allocation of $20,000 be provided, subject to the

Summertown Tennis Club and Summertown Netball Club securing additionalfunds, to complete the overall restorations works estimated at $90,000.





Mayor ___________ 26 April 2016

Carried Unanimously

14.1 Economic Development Strategy Implementation Plan

Moved Cr Malcom HerrmannS/- Cr Linda Green

50

Council resolves:

1. That the report be received and noted.2. That the draft of the Economic Development Statement – Implementation Plan

contained in Appendix 2 be adopted by Council recognising that a number of theinitiatives are funded.

3. The adopted Implementation Plan will be revised upon the adoption of the 2016/17Annual Business Plan and Budget to remove any unfunded initiatives.

Variation with leave of the meeting

Council resolves:

1. That the report be received and noted.2. That the draft of the Economic Development Statement – Implementation Plan

contained in Appendix 2 be adopted by Council recognising that a number of theinitiatives are funded.

3. The adopted Implementation Plan will be revised upon the adoption of the2016/17 Annual Business Plan and Budget to reconsider any unfunded initiatives.

Carried Unanimously

14.2 Kersbrook CWMS Environmental Improvement Program

Moved Cr Malcolm HerrmannS/- Cr Linda Green

51

Council resolves:

1. That the report be received and noted.2. Council delegate to the CEO to enter into an agreement with Kersbrook Soldiers

Memorial Park Community & Sports Club Inc. for the supply of wastewater forirrigation of the Kersbrook Oval and surrounds.

3. To grant approval for the Council’s interest in the property at allotment 311,Deposited Plan 86963, CT6082/97, also known as 57 Glover Street, Kersbrook tobe registered.





Mayor ___________ 26 April 2016

4. That $10,000 be allocated to the 2015/16 Operating budget at Budget Review 3for agreement and easement establishment costs and $80,000 be allocated to the2016/17 Capital Works program for the installation of the irrigation system,funded from the Community Wastewater Management System reserve.

5. That clause 24 of the proposed agreement be amended stating that Council willpay the annual insurance premium on behalf of Kersbrook Soldiers Memorial ParkCommunity Sports Club Inc. for the life of the agreement.

Carried Unanimously

14.3 Register of Confidential Items

Moved Cr John KempS/- Cr Lynton Vonow

52

Council resolves that:

1. The report be received and noted.

2. Pursuant to Section 91(7) of the Local Government Act 1999, Council orders thatthe documents, reports and minutes pertaining to the following matter, includingdiscussions and considerations, be retained in confidence for a period as specifiedbelow, pursuant to Section 91(9):

Council Meeting 24 March 2015Intersection of Morella Grove & Shannon Road Bridgewater

Section 90(3)(b) – information to be received, discussed or considered in relationto this item is information the disclosure of which could reasonably be expected toconfer a commercial advantage on a person with whom the Council is proposingto conduct business.

Remain confidential until the Contract of Purchase is executed or until 30 June2016, whichever is earlier.

Carried Unanimously





Mayor ___________ 26 April 2016

14.4 Delegations Review – March 2016

Moved Cr Ian BaileyS/- Cr Nathan Daniell

53

Council resolves:

1. That the report be received and noted

2. That, having conducted its quarterly review of Council’s Delegations Register, inaccordance with Section 44(6) of the Local Government Act 1999, the Council:

2.1 Revocation

Hereby revokes its previous delegations to the Chief Executive Officer of thosepowers and functions under the following Acts:

2.1.1 Burial and Cremation Act 20132.1.2 Environmental Protection Act 1993 and Environment Protection (Waste

Management) Policy 19942.1.3 Expiation of Offences Act 19962.1.4 Heavy Vehicle National Law (South Australia) Act 20132.1.5 Local Government Act 1999 – with the inclusion of limitation of 77.1 that

states ‘subject to Council approval’2.1.6 Road Traffic Act, Road Traffic (Miscellaneous) Regulations 1999 and Road

Traffic (Road Rules – Ancillary And Miscellaneous Provisions) Regulations1999

2.1.7 Supported Residential Facilities Act 1992 and the Supported ResidentialFacilities Regulations 2009

2.1.8 Unclaimed Goods Act 19872.1.9 Work Health Safety Act 2012

2.2 Delegations made under the Local Government Act 1999

2.2.1 In exercise of the power contained in Section 44 of the Local GovernmentAct 1999 the powers and functions under the following Acts and specified in theproposed Instruments of Delegation contained in appendices (which are individuallyidentified as indicated below) are hereby delegated this 22nd day of March 2016 to theperson occupying the office of Chief Executive Officer subject to the conditions and/orlimitations specified herein or in the Schedule of Conditions in each such proposedInstrument of Delegation.





Mayor ___________ 26 April 2016

Burial and Cremation Act 2013 (Appendix 3) Environmental Protection Act 1993 and Environment Protection

(Waste Management) Policy 1994 (Appendix 4) Expiation of Offences Act 1996 (Appendix 5) Heavy Vehicle National Law (South Australia) Act 2013 (Appendix 6) Local Government Act 1999 (Appendix 7) Road Traffic Act, Road Traffic (Miscellaneous) Regulations 1999 and

Road Traffic (Road Rules – Ancillary And Miscellaneous Provisions)Regulations 1999 (Appendix 8)

Unclaimed Goods Act 1987 (Appendix 9) Work Health Safety Act 2012 (Appendix 10)

2.2.2 Such powers and functions may be further delegated by the Chief ExecutiveOfficer in accordance with Sections 44 and 101 of the Local Government Act 1999 as theChief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule ofConditions contained in each such proposed Instrument of Delegation.

2.3 Authorisations and Subdelegation under the Road Traffic Act 1961

2.3.1 In accordance with the Instrument of General Approval and Delegation toCouncil dated 22 August 2013 from the Minister for Transport andInfrastructure (the ‘Instrument’) the Council authorises the followingpersons pursuant to Clause A.7 of the Instrument to endorse Traffic ImpactStatements for the purposes of Clause A of the Instrument provided thatsuch persons shall take into account the matters specified in Clause A.7 ofthe Instrument in respect of Traffic Impact Statements:

Director Engineering & Assets Manager Built & Natural Assets

2.3.2 In accordance with Clause A.7 of the Instrument, the Council is of theopinion that the following persons are experienced traffic engineeringpractitioners for the purposes of preparing a Traffic Impact Statement asrequired by Clause A.7 of the Instrument:

Director Engineering & Assets Manager Built & Natural Assets

2.3.3 In exercise of the power contained in, and in accordance with, Clause G.1 ofthe Instrument, the power contained in Section 33(1) of the Road Traffic Act1961 and delegated to the Council pursuant to Clause G of the Instrumentand contained in the proposed Instrument of Subdelegation (Appendix 8) ishereby sub-delegated this 22nd day of March 2016 to the person occupyingthe office of Chief Executive Officer of the Council subject to:





Mayor ___________ 26 April 2016

(i) the conditions contained in the Instrument; and(ii) any conditions contained in this Resolution or in the Instrument of

Subdelegation; and(iii) the creation of a separate instrument in writing reflecting such

subdelegation under the Instrument and this Resolution.

2.3.4 In accordance with Clause E.2 of the Instrument, the Council is of theopinion that the following persons have an appropriate level of knowledgeand expertise in the preparation of Traffic Management Plans:

Director Engineering & Assets, Manager Built & Natural Assets

2.4 Delegations made under the Supported Residential Facilities Act 1992

2.4.1 In exercise of the power contained in Section 9 of the Supported ResidentialFacilities Act 1992, the powers and functions under the SupportedResidential Facilities Act 1992 and the Supported Residential FacilitiesRegulations 2009 and specified in the proposed Instruments of Delegationcontained in Appendix 12 are hereby delegated this 22nd day of March 2016to the person occupying the office of Chief Executive Officer, subject to theconditions and/or limitations specified herein or in the Schedule ofConditions contained in the proposed Instrument of Delegation under theSupported Residential Facilities Act 1992 and the Supported ResidentialFacilities Regulations 2009.

2.4.2 Such powers and functions may be further delegated by the Chief ExecutiveOfficer as the Chief Executive Officer sees fit and in accordance with therelevant legislation unless otherwise indicated herein or in the Schedule ofConditions contained in the proposed Instrument of Delegation under theSupported Residential Facilities Act 1992 and the Supported ResidentialFacilities Regulations 2009.

Carried





Mayor ___________ 26 April 2016

14.5 Support for SHLGA Resolution

Moved Cr John KempS/- Cr Jan-Claire Wisdom

54

Council resolves:

1. That the report be received and noted2. To apply, together with the other Southern and Hills Local Government

Association member Councils, to the Minister for Local Government, the Hon.Geoff Brock MP, to continue to grant the Southern and Hills Local GovernmentAssociation an exemption from establishing an Audit Committee, having satisfiedthe required exemption criteria.

Carried Unanimously

14.6 Informal Council Gatherings Policy

Moved Cr John KempS/- Cr Kirrilee Boyd

55

Council resolves:

1. That the report be received and noted2. With an effective date of 31 March 2016, to adopt the Informal Council Gatherings

Policy, as contained in Appendix 1.

Variation with the leave of the meeting

Council resolves:

1. That the report be received and noted2. With an effective date of 31 March 2016, to adopt the Informal Council Gatherings

Policy, as contained in Appendix 1.3. That the Policy be reviewed within 3 months.

Carried Unanimously





Mayor ___________ 26 April 2016

14.7 Woodforde Residential Development Reserve Agreement

Moved Cr Ian BaileyS/- Cr Linda Green

56

Council resolves:


2. That the CEO be authorised to execute the relevant agreements to give effect tothe following outcomes:

The developer remediates the site in accordance with the EnvironmentalAuditor’s recommendations to enable the issuing of a Final SiteContamination Audit Report.

The Developer entering into a lease or license over the land upon vestinginto Council’s ownership for the period required to remediate the land anddevelop the reserves to an acceptable standard for the intended public use.Such lease or license will include provisions detailing site access, fencing,insurance, WHS, indemnities, and environmental protection (e.g. Treeprotection zones).

The lease or license will be structured in such a way that stages of thereserves can be released once landscaping works have been complete to anacceptable standard and are suitable for public use.

Bonding arrangements are in place that can be drawn upon in the event ofthe Developer fails to meet its obligations, releasing funds to Council tocomplete any required works. The level of bonds via the Developer’sguarantor would need to be sufficient in value to cover site remediationworks and landscaping.

Establishment of an agreed timetable of works with staged approval ofcritical elements including initial landscape design, final design, preparatorycivil works and practical completion. The agreement for the schedule ofworks will include obligations to inspect and authorise the variousmilestones within prescribed timeframes to ensure that the Developer isnot unduly delayed by Council in performing its obligations to review andauthorise elements of the project.

Establishment of agreed parameters to dictate the design outcomes for theelements within each category of the reserve with Council staff having inputinto the approval of the detailed landscape design within these parameters.

3. The land described as lot proposed Superlot 4 in the Superlot plan in approved DA473/D049/15 being portion of allotment 101 in DP 84323 and portion of allotment304 in DP 43868 being portion of the land comprised in Certificates of TitleVolume 5301 folio 258 and Volume 6064 folio 319 be excluded from the





Mayor ___________ 26 April 2016

Community Land classification until the Developer has met all obligations of theAgreement detailed in item 2 of this resolution.

4. That Council acknowledges that service easements may be required over theproposed reserves with the locations of those easements such that they are notprejudicial to the future use and ownership of the land.

5. That the CEO be authorised to action, grant consent to and sign documentation toprovide for the creation of such easements with all Lands Title Office andregistration costs to be borne by the developer.

6. That once the relevant agreements and bonding arrangements detailed above arein place, the CEO be authorised to accept the vesting of the land and is authorisedto advise the relevant State Government departments that Council consents tothe land vesting with Council.

Carried Unanimously

14.8 Oakbank Street Stirling – One-way Proposal

Moved Cr Kirrilee BoydS/- Cr Ron Nelson

57

Council resolves:

1. That the report be received and noted.2. That consultation commence on the proposal to make Oakbank Street, Stirling a

one-way street.3. That a report on the outcomes from the community consultation be provided to

Council prior to any works commencing.

Carried Unanimously





Mayor ___________ 26 April 2016

14.9 Road Closure Consent – Groovin the Moo

Moved Cr Lynton VonowS/- Cr Jan-Claire Wisdom

58

Council resolves:

1. That the report be received and noted2. That pursuant to Section 33(2) of the Road Traffic Act 1961, consent be given for

the partial road closure of Onkaparinga Valley Road, Oakbank, from OakwoodRoad to Shillabeer Road on Monday 25 April 2016 between 9:30pm and 11:30pmfor the egress of Groovin the Moo Music Festival.

Carried Unanimously

14.10 Summertown Tennis CourtsThis item was considered earlier in the agenda.

14.11 Sturt Valley Road Reconstruction

Moved Cr Kirrilee BoydS/- Cr Jan-Claire Wisdom

59

Council resolves:

1. That the report be received and noted.2. That a capital budget allocation of $160,000 be provided in the 2015/16 financial

year for the reconstruction of a 230m section of Sturt Valley Road, Stirling.3. That a further report be presented to Council for consideration regarding the

possible placement of a footpath or walking trail along sections of Sturt ValleyRoad prior to installing any additional safety barriers.

Carried Unanimously





Mayor ___________ 26 April 2016

15. OFFICER REPORTS – INFORMATION ITEMS

15.1 Strategic Plan Projects Status Report

Moved Cr John KempS/- Cr Ian Bailey

60

Council resolves that the report be received and noted.

Carried Unanimously

16. MISCELLANEOUS ITEMS

16.1 Documents for signing & sealingNil

16.2 Status Report – Council Resolutions Update

Moved Cr Ian BaileyS/- Cr Lynton Vonow

61

That Council resolves:

1. The Council Action List be received and noted

2. The following completed items be removed from the Action List:

Date Meeting No Heading25/05/15 Council 106 Racing Greyhound & Business Dog Registration Fees19/01/16 Council 17 GRFMA Chairperson23/2/16 Council 22 Petition – Speed Limit Corkscrew Road Montacute23/2/16 Council 23 Petition – Amy Gillett Bikeway23/2/16 Council 29 Dog Registration Fees 2016-201723/2/16 Council 31 Road closures Oakbank23/2/16 Council 34 Nomination for Dog & Cat Management Board23/2/16 Council 35 Long Term Financial Plan23/2/16 Council 36 Long Term Financial Plan – Acknowledgement of Staff23/2/16 Council 37 Budget Review 223/2/16 Council 40 MWN – Nomination for State Libraries Board23/2/16 Council 43 Confidential Item – Sale of Land non-payment of rates8/3/16 SPDPC 8 Whistleblower Protection Policy

Carried Unanimously





Mayor ___________ 26 April 2016

17. QUESTIONS WITHOUT NOTICE

8.50pm Cr Vonow left the meeting8.52pm Cr Vonow returned to the meeting

Cr Herrmann – Naming of Mt Torrens Reserve, Township & Urban Areas DPA, Mt TorrensLoop TrailCr Bailey – Grape harvesting and burnoffsCr Nelson – Service Station between Bridgewater & AldgateCr Stratford – Management Plan for grass cutting, Amy Gillett Bikeway Onkaparinga ValleyRoadCr Kemp - Service Station between Bridgewater & AldgateCr Daniell - Service Station between Bridgewater & Aldgate

Cr Bailey advised that a Question Without Notice would be raised under agenda item 19,Confidential Items.

18. MOTIONS WITHOUT NOTICE

18.1 Druids Avenue Stirling consultation


WITHDRAWN

1. That Consultation commence on a proposal to make Druids Avenue Stirling a one-way street.

2. That a report on the outcomes for the community consultation be provided toCouncil prior to any work commencing.

With the leave of the meeting Cr Boyd withdrew the former motion.


62

That staff provide a report to Council on a proposal to make Druids Avenue Stirling aone-way street prior to any works commencing.

Carried Unanimously





Mayor ___________ 26 April 2016

19. CONFIDENTIAL ITEMS

17.1 Questions without Notice continued

Moved Cr Ian BaileyS/- Cr Andrew Stratford

63

a) That under the provisions of section 90(2) of the Local Government Act 1999 anorder is made that the public be excluded from the meeting, with the exceptionof:

CEO, Andrew Aitken Director Corporate Services, Terry Crackett Director Engineering & Assets, Peter Bice Director Community & Customer Service, David Waters Director Strategy & Development, Lachlan Miller Manager Governance & Risk, Andrea Sargent Senior Property Officer, Peter Matushik Manager Waste, Health & Regulatory Services, John McArthur Manager Built & Natural Assets, Mark Buckerfield Minute Secretary, Pam Williams

in order to consider Cr Bailey’s Question without Notice regarding the StirlingHotel.

b) The Council is satisfied that it is necessary that the public, with the exception ofCouncil staff in attendance as specified in (a) above, be excluded to enable Councilto consider the discussion at the meeting on the following grounds:

Section 90(3) (i) of the Local Government Act, the information to be received,discussed or considered in relation to this Question Without Notice is informationrelating to actual litigation, or litigation that the council or council committeebelieves on reasonable grounds will take place, involving the council or anemployee of the council;

c) Accordingly, on this basis the principle that meetings of the Council should beconducted in a place open to the public has been outweighed by the need to keepthe information and discussion confidential.

Carried Unanimously





Mayor ___________ 26 April 2016

17.1.1 Questions without Notice continued – Confidential Item

RELEASED 30 NOVEMBER 2106

Cr Bailey – Stirling Hotel





Mayor ___________ 26 April 2016

17.1.2 Questions without Notice - Period of confidentiality

Moved Cr Ian BaileyS/- Cr Linda Green

64

1. That having considered at Cr Bailey’s Question Without Notice in confidenceunder sections 90(2) and 90(3) (b) of the Local Government Act 1999, that an orderbe made under the provisions of sections 91(7) and (9) of the Local GovernmentAct 1999 that the minutes, discussion and considerations of the subject matter beretained in confidence until litigation has been finalised, but for no longer than 12months.

2. Pursuant to section 91(9) (a) of the Local Government Act 1999, that Councildelegates the duty to conduct an annual review of the confidentiality order to theChief Executive Officer, or his sub-delegate.

3. Pursuant to section 91(9)(c) of the Local Government Act 1999, that Councildelegates the power to revoke the confidentiality order to the Chief ExecutiveOfficer, or his sub-delegate.

Carried Unanimously

9.31pm Informal break9.35pm The meeting resumed

19.1 Adelaide Hills Business & Tourism Centre (AHBTC) Divestment Strategy – Exclusion of thePublic

Moved Cr Nathan DaniellS/- Cr John Kemp

65

1. AHBTC Divestment Strategy – Exclusion of the Public

a) That under the provisions of section 90(2) of the Local Government Act 1999an order is made that the public be excluded from the meeting, with theexception of:

CEO, Andrew Aitken Director Corporate Services, Terry Crackett Director Engineering & Assets, Peter Bice Director Community & Customer Service, David Waters Director Strategy & Development, Lachlan Miller





Mayor ___________ 26 April 2016

Manager Governance & Risk, Andrea Sargent Manager Natural & Built Assets, Mark Buckerfield Senior Property Officer, Peter Matushik Minute Secretary, Pam Williams

in order to consider Agenda Item 19.1: AHBTC Divestment Strategy.

b) The Council is satisfied that it is necessary that the public, with theexception of Council staff in attendance as specified in (a) above, beexcluded to enable Council to consider the report at the meeting on thefollowing grounds:

Section 90(3) (b) of the Local Government Act, the information to bereceived, discussed or considered in relation to this Agenda Item isinformation the disclosure of which could reasonably be expected to confera commercial advantage on a person with whom the council is conducting,or proposing to conduct, business, or to prejudice the commercial positionof the council; and would, on balance, be contrary to the public interest;

c) Accordingly, on this basis the principle that meetings of the Council shouldbe conducted in a place open to the public has been outweighed by theneed to keep the information and discussion confidential.

Carried Unanimously

Extension of Time

Moved Cr Nathan DaniellS/- Cr Kirrilee Boyd

66

That the Council meeting be extended by 15 minutes.

Carried Unanimously





Mayor ___________ 26 April 2016

19.1.1 Adelaide Hills Business & Tourism Centre (AHBTC) Divestment Strategy – ConfidentialItem

MINUTE PARTIALLY RELEASED 4 JULY 2016FULLY RELEASED 4 AUGUST 2016

Moved Cr John KempS/- Cr Malcolm Herrmann

66

Council resolves:


2. To endorse the inclusion of funding into the Draft 2016/17 Annual Business Planand Budget to enable the progression of the Divestment Strategy.

3. That a Development Application to obtain conditional approval for the communitytitling of proposed Lot 201 be submitted.

4. That in relation to current Lessees that:

a. RIPE be advised that Council will be allowing the Adelaide Hills CraftBrewery Pty Ltd an option to purchase Building 2 and that if purchased theAdelaide Hills Craft Brewery Pty Ltd will be RIPE’s Lessor until the currentLease, including renewal, expires on 1/06/2018

b. Robert Johnson be advised that the Lease of Building 3C will not be renewedafter 31 March 2017 and that the premises will be leased to the AdelaideHills Craft Brewery Pty Ltd.

c. Adelaide Hills Craft Brewery Pty Ltd be advised that: The Right of First Refusal Clause to purchase currently leased

premises, as appears as Appendix 5, will be included into the Leasesof Buildings 3A and 3B

Building 3C will be included into its leased area from 1 April 2017. TheRight of First Refusal Clause will then also apply to Building 3C.

It is unlikely that the Council will accept an offer to only purchaseBuildings 3A, 3B and 3C without also including Building 2.

d. Udder Delights Group Pty Ltd be advised that the Right of First RefusalClause to purchase currently leased premises, as appears as Appendix 5, willbe included into the Leases of Buildings 15, 16, 17, 18 and 19.





Mayor ___________ 26 April 2016

e. Monsteda Pty Ltd be advised that the Right of First Refusal Clause topurchase currently leased premises, as appears as Appendix 5, will beincluded into the Leases of Buildings 4, 5C, 5D and 7.

f. The relocation of Simon Greenleaf’s winery to, and lease of, the rear ofBuilding 21 and portion of Building 22, be negotiated with Simon Greenleaf.

g. Subject to the above successful relocation of Simon Greenleaf winery fromBuilding 5A, further discussions be held with Jedmar Pty Ltd regarding theleasing of both Buildings 5A and 5B

h. If the above negotiation with Jedmar Pty Ltd is successful then a Right ofFirst Refusal Clause to purchase, as appears as Appendix 5, be included inthe future Lease of Buildings 5A and 5B.

i. Tillbrook Estate be offered an incentive to vacate Building 17 by 14 June2017.

j. Henstock Pty Ltd be advised that an option to purchase Lot B in Appendix 4to this report will be negotiated if the Council desires to sell the premises.

k. Action be initiated to sell Lots C, D and E on the Southern Site in Appendix 4to Blisstrade Pty Ltd and / or adjoining landowners.

l. The Chief Executive Officer be delegated the authority to finalise the abovematters.

5. The Mayor and Chief Executive Officer be authorised to finalise and sign allnecessary documentation to finalise all transactions proposed in this set ofrecommendations.





Mayor ___________ 26 April 2016

AHBTC DIVESTMENT STRATEGY – PERIOD OF CONFIDENTIALITY

1. That having considered at Agenda Item 19.1 in confidence under sections 90(2)and 90(3) (b) of the Local Government Act 1999, that an order be made under theprovisions of sections 91(7) and (9) of the Local Government Act 1999 that thereport, related attachments and the minutes of Council and the discussion andconsiderations of the subject matter be retained in confidence until the leases,including the first right of refusal to purchase the specified premises are finalised,but not longer than 12 months.



Carried Unanimously





Mayor ___________ 26 April 2016

AHBTC DIVESTMENT STRATEGY – PERIOD OF CONFIDENTIALITY

4. That having considered at Agenda Item 19.1 in confidence under sections 90(2)and 90(3) (b) of the Local Government Act 1999, that an order be made under theprovisions of sections 91(7) and (9) of the Local Government Act 1999 that thereport, related attachments and the minutes of Council and the discussion andconsiderations of the subject matter be retained in confidence until the leases,including the first right of refusal to purchase the specified premises are finalised,but not longer than 12 months.



Carried Unanimously





Mayor ___________ 26 April 2016

19.2 Land Acquisition – Colonial Drive, Norton Summit – Exclusion of the Public

10.10pm Cr Herrmann left the meeting room10.11pm Cr Herrmann returned to the meeting room

Moved Cr Jan-Claire WisdomS/- Cr Kirrilee Boyd

67

a) That under the provisions of section 90(2) of the Local Government Act 1999 an orderis made that the public be excluded from the meeting, with the exception of:

CEO, Andrew Aitken Director Corporate Services, Terry Crackett Director Engineering & Assets, Peter Bice Director Community & Customer Service, David Waters Director Strategy & Development, Lachlan Miller Manager Governance & Risk, Andrea Sargent Senior Property Officer, Peter Matushik Mark Buckerfield Minute Secretary, Pam Williams

in order to consider Agenda Item 19.2: Land Acquisition – Colonial Drive NortonSummit.

b) The Council is satisfied that it is necessary that the public, with the exception ofCouncil staff in attendance as specified in (a) above, be excluded to enable Councilto consider the report at the meeting on the following grounds:

Section 90(3) (b) of the Local Government Act, the information to be received,discussed or considered in relation to this Agenda Item is information thedisclosure of which could reasonably be expected to confer a commercialadvantage on a person with whom the council is conducting, or proposing toconduct, business, or to prejudice the commercial position of the council; andwould, on balance, be contrary to the public interest;

c) Accordingly, on this basis the principle that meetings of the Council should beconducted in a place open to the public has been outweighed by the need to keepthe information and discussion confidential.

Carried Unanimously





Mayor ___________ 26 April 2016

Extension of Time

Moved Cr Malcolm HerrmannS/- Cr Ian Bailey

68

That the Council meeting be extended by 10 minutes.

Carried Unanimously

10.16pm Cr Kemp left the meeting.

19.2.1 Land Acquisition – Colonial Drive, Norton Summit – Confidential Item

RELEASED 22 MARCH 2017

Moved Cr Ian BaileyS/- Cr Jan-Claire Wisdom

69



2. In principle support for the acquisition of the parcel of land identified in Appendix 1be provided.

3. Subject to support being provided for the acquisition of the parcel of land, staffwork, the Norton Summit CFS and the Anglican Church to prepare preliminary plansfor consideration by Council.

Land Acquisition – Colonial Drive Norton Summit – PERIOD OF CONFIDENTIALITY

1. That having considered at Agenda Item 19.2 in confidence under sections 90(2) and90(3) (b) of the Local Government Act 1999, that an order be made under theprovisions of sections 91(7) and (9) of the Local Government Act 1999 that thereport, related attachments and the minutes of Council and the discussion andconsiderations of the subject matter be retained in confidence until, if determinedby Council, until negotiations regarding land acquisition have been finalised, but notlonger than 12 months.






Mayor ___________ 26 April 2016


VARIATION with leave of the meeting



2. In principle support for the acquisition of the parcel of land identified in Appendix1 be provided.

3. Subject to support being provided for the acquisition of the parcel of land, staffwork with SAFECOM, the Norton Summit CFS and the Anglican Church to preparepreliminary plans for consideration by Council.

Land Acquisition – Colonial Drive Norton Summit – PERIOD OF CONFIDENTIALITY

1. That having considered at Agenda Item 19.2 in confidence under sections 90(2)and 90(3) (b) of the Local Government Act 1999, that an order be made under theprovisions of sections 91(7) and (9) of the Local Government Act 1999 that thereport, related attachments and the minutes of Council and the discussion andconsiderations of the subject matter be retained in confidence until, if determinedby Council, until negotiations regarding land acquisition have been finalised, butnot longer than 12 months.



Carried Unanimously





Mayor ___________ 26 April 2016

20. NEXT MEETINGThe next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 26 April2016 from 6.30pm at 63 Mt Barker Road, Stirling.

21. CLOSE MEETINGThe meeting closed at 10.25pm.